[1:42] city of new smyrna beach.
[1:45] It's wednesday, SEPTEMBER the
[1:45] 2nd, 2026.
[1:49] Seven would you please call the
[1:49] roll?
[1:49] Yes.
[1:53] Chair DR. Leonard here.
[1:53] Member I'm sorry?
[1:56] Member strickland here.
[2:03] Member mcgrady you're
[2:09] .
[2:10] Do we have members that are
[2:11] current on the board that are
[2:11] absent?
[2:13] That is correct.
[2:14] >> members hoffman and engle
[2:14] are absent.
[2:17] Okay.
[2:18] Do we know where those excused
[2:18] absences?
[2:20] We have heard from ingle.
[2:24] You did.
[2:28] Okay.
[2:29] >> a board member you had an
[2:29] opportunity to review the
[2:32] minutes of the MARCH 4th
[2:32] meeting.
[2:36] >> then he comments changes.
[2:40] No, we we think you we have a
[2:40] motion then to accept the
[2:42] minutes from the wednesday
[2:46] MARCH 4th meeting.
[2:47] Call for motion.
[2:51] Motion to accept motion to
[2:52] accept.
[2:52] We have a second.
[2:53] We have a second.
[2:54] >> you're going to call a roll
[2:58] for that vote or can we voice
[2:58] vote?
[2:58] I'll call roll.
[2:59] Okay.
[3:02] Member strickland, I.
[3:02] Yes.
[3:05] Member mcgrady.
[3:06] Yes.
[3:06] Chair DR. Leonard.
[3:12] Yes
[3:13] .
[3:13] >> okay.
[3:17] our our old business is going
[3:17] to be today's new business.
[3:18] >> yes.
[3:24] So we move right right on.
[3:24] Unless there's any old business
[3:26] that.
[3:26] >> okay.
[3:29] So we'll move on to new
[3:32] business and let officer wolfe
[3:39] address the board
[3:47] .
[3:48] Okay.
[3:52] Good afternoon, members of the
[3:52] board.
[3:55] Happy to be here once again.
[3:56] >> this is an exciting meeting
[3:56] for me.
[3:57] I'm very happy to finally put
[3:59] these ordinances in front
[3:59] of you.
[4:00] This is a project that I've
[4:02] been working on for a long time
[4:03] so I'm very excited to have
[4:04] here in front of you guys
[4:04] today.
[4:07] We can make some considerations
[4:07] some strengthening of animal
[4:08] welfare laws within our
[4:10] community, ensure that we're
[4:11] always making sure our animals
[4:12] are valued and protected.
[4:14] >> in front of your package you
[4:15] should have the entirety of all
[4:16] of the ordinance changes.
[4:19] I highlighted some of the key
[4:20] ones in this powerpoint here,
[4:20] some new ones that we're
[4:22] introducing some verbiage
[4:23] changes and some things that
[4:24] are going to be major overhauls
[4:30] to the ordinance
[4:36] that work.
[4:39] There we go.
[4:40] >> starting off we're going to
[4:40] change our fines so previously
[4:42] the fine amounts varied
[4:43] depending on the spay neuter
[4:44] status of the animal.
[4:46] We completely remove that there
[4:47] should not be a higher or lower
[4:51] penalty just based off the fact
[4:51] if your animal is spay neuter
[4:52] all violations are going to
[4:54] carry the same fines so your
[4:57] initial first violation will be
[4:58] $150 for a first offense, $250
[5:00] for a second offense and then
[5:01] up to $500 for your third
[5:04] offense.
[5:05] >> a new law that we'll be
[5:05] introducing is interference
[5:08] with animal control or humane
[5:08] society personnel.
[5:09] All the verbiage is there up on
[5:11] the board for you guys.
[5:12] But essentially this law is
[5:15] designed to combat the people
[5:15] who are coming into the
[5:16] shelters and telling you I
[5:17] found this stray dog in the
[5:19] street.
[5:19] It's not mine.
[5:20] They're providing false
[5:20] information and they're
[5:23] refusing to provide rabies
[5:23] vaccinations, ownership status,
[5:24] anything like that.
[5:27] It also protects the humane
[5:28] society itself.
[5:29] The southeast militia, he MAY
[5:29] say.
[5:31] So any person cannot tear down,
[5:32] deface, burn, destroy or
[5:35] otherwise injure any impounding
[5:36] facility or enclosure.
[5:37] So be anywhere with the
[5:39] southeast humane society and
[5:39] then no person without proper
[5:42] authorization and shall
[5:42] release, remove or attempt to
[5:43] release any animal from the
[5:44] custody of the humane society
[5:49] or the animal control officer.
[5:50] Another new law that we'll be
[5:53] adding in is the duty of animal
[5:53] owners to be responsible.
[5:54] So again all the verbiage is
[5:57] there on your screen shall be
[5:58] the duty of every animal owner
[5:58] to or anyone having the animal
[6:00] in their care custody and
[6:01] control to exercise exercise
[6:01] reasonable care take all
[6:04] necessary steps and precautions
[6:05] to prevent and protect other
[6:05] people from injury.
[6:09] >> damage which MAY result from
[6:09] their animal.
[6:10] So if your neighbor's dog gets
[6:12] out and attacks your dog or
[6:13] they get out and attack your
[6:14] child or they get out and
[6:15] destroy your car or whatever it
[6:16] is, this ordinance would govern
[6:19] that.
[6:20] Another new law will be adding
[6:21] is the mistreatment of domestic
[6:21] animals.
[6:24] Again, a lot of verbiage there
[6:24] on your screens.
[6:27] We do not currently have an
[6:27] ordinance that will blanket
[6:28] addresses all mistreatment
[6:28] of animals.
[6:31] I'll show you what the previous
[6:32] ordinance was here at the end
[6:32] of this one.
[6:35] >> this is a step between a
[6:35] city ordinance violation and
[6:36] animal cruelty.
[6:39] So before we get to the point
[6:39] of animal cruelty where we're
[6:41] arresting people, this gives us
[6:42] the opportunity to hold them
[6:43] accountable and give them the
[6:45] opportunity to correct those
[6:46] issues prior to having to do
[6:47] some form of law enforcement
[6:49] action such as jail or seizures
[6:50] for dog things like that.
[6:53] >> animals cannot be kept in
[6:54] unsanitary conditions where
[6:57] there's vermin harming debris,
[6:58] insect infestation, no
[6:58] bloodletting so no dog.
[7:01] Maybe our animal MAY be allowed
[7:02] to bleed causing the death or
[7:04] domestic death of a domestic
[7:05] animal.
[7:05] Animal abuse, any type
[7:08] of mistreatment as far as food
[7:09] ,water and appropriate
[7:09] shelters will all be addressed
[7:12] by this ordinance.
[7:13] But for you when you when you
[7:16] come to a new page on this,
[7:17] could you tell us the page
[7:17] number?
[7:18] We are on the ordinance so we
[7:20] can refer to that?
[7:21] >> I don't have that with me.
[7:22] Michelle do you happen to have
[7:22] it?
[7:25] Oh, I don't have that with me.
[7:25] >> okay.
[7:26] I MAY just I MAY just stop you.
[7:28] Okay.
[7:29] Yeah.
[7:30] So let them know because if you
[7:30] want to go back, let me know
[7:31] from new york.
[7:32] I can leave this one on page
[7:32] 15.
[7:36] >> okay.
[7:36] Do you want to move backwards
[7:37] to the previous ones you want?
[7:38] No, I have a couple
[7:39] of questions but we can go back
[7:40] into further expansion on that
[7:43] this is one that I'm very proud
[7:43] to bring to the city.
[7:46] No person other than a licensed
[7:47] veterinarian shall crop the
[7:48] ears of a dog or duck the tail
[7:50] of a dog so nobody inside the
[7:51] city MAY modify their dogs ears
[7:55] at home doing their own ear
[7:56] cutting, trimming, tail
[7:56] docking.
[8:00] >> none of that must be done by
[8:00] a vegetarian and must have
[8:01] proof of that.
[8:02] It was done by licensed
[8:03] veterinary and I'm very excited
[8:03] to bring that one into the
[8:04] city.
[8:06] >> this is our current.
[8:07] So this is what it is
[8:07] replacing.
[8:09] So right now our current
[8:10] ordinance says that the owner
[8:11] cannot keep the animal in it,
[8:13] must maintain it in a free
[8:14] of feces waste or to the extent
[8:17] that the prevent the noxious
[8:18] odor offensive odors from
[8:19] escaping into a neighboring
[8:21] rights of land or property.
[8:22] Again, not a lot of area for us
[8:25] to articulate animal cruelty
[8:25] and welfare in there.
[8:28] This new ordinance replacing
[8:29] this one would give us the
[8:29] ability to go further and do
[8:30] all those things that we
[8:32] already discussed updates to
[8:36] the tethering ordinance.
[8:37] >> so currently we do have a
[8:37] tethering ordinance.
[8:38] This is probably the longest
[8:40] section in your guys is back in
[8:41] front of you.
[8:41] So to highlight some of the
[8:42] major changes that we're
[8:44] looking at for that our
[8:45] changing of the verbiage from
[8:48] discouraged to prohibited we
[8:48] are not trying to encourage or
[8:49] just discourage people from
[8:51] tethering their animals.
[8:52] We want to prohibit it unless
[8:53] it's following that ordinance
[8:55] that we're proposing.
[8:56] >> so now a person must remain
[8:57] in sight of the animal so you
[8:59] can't leave your dog tied out
[9:00] unattended for an extended
[9:00] period of time.
[9:03] You must maintain line of sight
[9:04] or some kind of control or
[9:07] visual of that animal.
[9:07] We expand the tethering
[9:08] ordinance from dogs to all
[9:11] animals not an issue that we
[9:11] have seen here in new smyrna
[9:12] beach but it has been an issue
[9:15] in animal welfare.
[9:15] We've seen people tethering
[9:16] cats and other weird critters
[9:19] so to blanket cover that we're
[9:19] going to say all animals
[9:23] clarification restrictions
[9:23] of public and private property
[9:24] right away as easements in
[9:27] neighboring properties that
[9:28] would probably be something to
[9:28] shake and give you guys more
[9:29] of an answer on but that
[9:32] governs you know, how far can
[9:33] the tether extend?
[9:33] Can it reach out to a sidewalk
[9:35] and it could be an easement
[9:35] between the properties and then
[9:36] not allowing the dog to go into
[9:39] your neighboring property.
[9:40] >> new we're going to add
[9:42] operative swivels to each ends
[9:43] of the tether so each end
[9:44] of the tether will be required
[9:46] to have a swivel on it and that
[9:46] will prevent any form
[9:47] of choking or entanglements
[9:47] of the tether.
[9:49] It would be required to swivel
[9:50] on both sides.
[9:50] >> multiple dogs will be
[9:54] required to be on their own
[9:54] individual tether right now
[9:55] they're not to my knowledge is
[9:57] anything in the ordinance that
[9:58] says that you can't clip four
[10:00] dogs to one tether so now we'll
[10:01] have it.
[10:02] >> so each dog must have its
[10:03] own tether.
[10:04] >> the tether must not extend
[10:05] over an object or an edge that
[10:07] could result in strangulation,
[10:07] entanglement, injury or death.
[10:12] So if you have a dock in your
[10:12] backyard maybe you live over on
[10:13] riverside, you have a dock in
[10:15] your backyard, you can't have
[10:15] it so that your dog could hang
[10:19] off of that dock.
[10:22] >> the nuisance guys are on the
[10:23] tethering in the back of a
[10:25] truck bed.
[10:26] I'm not I'm not clear on how
[10:29] that is addressed here.
[10:30] >> yeah so we have a separate
[10:31] ordinance currently that any
[10:33] dog that rides in the open bed
[10:34] of pickup truck must be
[10:34] restrained.
[10:35] It's a separate ordinance
[10:37] that's already in effect that
[10:38] we are not changing or removing
[10:39] that in any shape or form.
[10:41] Okay because I do remember that
[10:41] order.
[10:42] >> thank you.
[10:42] Yep.
[10:43] So currently the nuisance
[10:45] animal ordinance states that
[10:45] any animal must create a noise
[10:46] in excess of ten minutes.
[10:49] >> the new proposals will
[10:49] change that ordinance to 2
[10:50] minutes.
[10:51] However, it's going to create a
[10:53] section that states that it can
[10:54] cause any annoyance discomfort,
[10:56] disturbance of the peace
[10:56] of sleeper or a reasonable
[10:57] person.
[10:57] >> why I believe that's
[11:00] important for our residents is
[11:00] just because if the dog is
[11:03] barking at 2:00 in the
[11:03] afternoon makes a big
[11:04] difference if the dogs barking
[11:05] at 2:00 in the morning.
[11:07] So if it's disturbing the sleep
[11:08] of a reasonable person, that
[11:09] would be something that we
[11:11] could now move forward with
[11:12] issuing citations for where
[11:12] previously it would have to
[11:14] meet that ten minute
[11:15] requirement.
[11:15] >> so hopefully that gives our
[11:16] residents who are having issues
[11:18] with dogs at night a bit of a
[11:22] peace of mind, a new law.
[11:22] >> this one again one of my
[11:23] favorite ones I'm very excited
[11:26] to bring to you guys the owner
[11:26] operator of her motor vehicle
[11:29] shall not place or confine an
[11:29] animal nor allow an animal to
[11:30] be placed or confined in any
[11:32] unattended motor vehicle
[11:33] without sufficient ventilation
[11:34] or under conditions which MAY
[11:37] endanger the health well-being
[11:37] of the animal due to heat, lack
[11:40] of water or other circumstances
[11:41] which MAY cause suffering
[11:42] disability or death.
[11:42] So currently there is no
[11:45] ordinance in the city that says
[11:46] that you can't leave your dog
[11:47] in an unattended motor vehicle.
[11:49] >> the only time that that
[11:50] would become a crime is when it
[11:50] becomes to a cruelty point.
[11:53] So when we can articulate that
[11:54] this dog is in distress or
[11:56] we're reaching the levels
[11:57] of animal cruelty and going
[11:57] forward with an arrest, the
[12:00] goal behind this ordinance is
[12:01] to be able to have some kind
[12:02] of preemptive way to speak to
[12:04] people to give some education
[12:05] and to give some enforcement
[12:08] prior to getting to that point
[12:08] .
[12:08] >> again, we don't want
[12:09] everybody to be leaving their
[12:12] dogs in the car in the heat.
[12:13] >> we also don't want everybody
[12:14] to go to jail for it.
[12:16] So this gives us an in-between
[12:17] point so we can have an
[12:17] educational comment
[12:18] conversation.
[12:20] That way it doesn't go from,
[12:21] you know, running into the
[12:23] store for five minutes to grab
[12:24] something to next time they run
[12:25] in the store for an hour and
[12:27] now we have a dog who's been in
[12:27] a car for an hour.
[12:28] >> so this gives us some form
[12:29] of accountability there.
[12:31] Did you say there was not
[12:31] previously an ordinance
[12:32] addressing this the city
[12:34] of deltona and unincorporated
[12:35] lucia county both have this
[12:37] exact ordinance but we do not.
[12:41] Don't forget what?
[12:42] >> so this is if I'm reading
[12:45] this correctly it's saying that
[12:45] an animal can be left in an
[12:49] unattended vehicle as long as
[12:50] there's sufficient ventilation.
[12:50] >> yeah.
[12:51] Correct.
[12:51] Yeah.
[12:52] So if you have like one of the
[12:53] ev's that you can leave the car
[12:54] on and it runs the air
[12:56] conditioning or it has like a
[12:57] dog mode or a kid mode or
[12:58] something like that that would
[13:00] be fine even if somebody left
[13:00] their vehicle running as long
[13:02] as there were sufficient
[13:03] ventilation for the dog that
[13:07] would be okay.
[13:10] Oh, MISS Mccurdy, if we're not
[13:10] when I read that that's
[13:16] sufficient is a very vague term
[13:17] .
[13:17] My understanding at this at
[13:20] this point I don't know if it's
[13:21] just in the county or not but
[13:22] one of the proposed ordinances
[13:24] previously for the city animals
[13:25] are not allowed to be left in a
[13:28] car any unattended at any time
[13:29] and even if all the windows are
[13:32] down or whatever because even
[13:35] this time of year constant
[13:36] reminder of how hot these
[13:39] vehicles can get in my did I
[13:40] misread that or was that.
[13:43] >> I have never seen that in
[13:44] our ordinance nor ever seen it
[13:46] in another ordinance because we
[13:47] have to really balance the fact
[13:48] that the florida statute
[13:51] dictates a lot of this.
[13:52] So we can't be almost too
[13:55] strict compared to what florida
[13:55] statute is permitting people to
[13:58] do which florida statute does
[13:59] permit people to leave their
[14:00] animals in the vehicle as long
[14:02] as they're not under duress.
[14:03] What we're trying to do is say
[14:06] you have to provide like you
[14:06] could leave an animal in a
[14:09] vehicle with the windows up for
[14:10] probably maybe two minutes
[14:11] before it becomes under duress
[14:14] and now we have to wait for
[14:15] that animal to get under duress
[14:16] to break the window to do so x,
[14:17] y and z.
[14:18] What he is trying to articulate
[14:19] is that hey, if you leave the
[14:21] animal in the car with the
[14:22] windows up and walk away, I can
[14:25] instantaneously stop you right
[14:26] there and say this is not
[14:26] sufficient.
[14:29] If we need to change the word
[14:30] sufficient because you're not
[14:30] comfortable with it we can
[14:33] potentially define it further
[14:34] in there and that's kind
[14:34] of what this conversation is
[14:35] about is defining maybe some
[14:37] terms that we need to clarify
[14:38] if you think sufficient needs
[14:41] to be defined or we need to
[14:41] find a different terminology to
[14:42] help with that.
[14:44] But to my knowledge right now
[14:45] we do not have anything that
[14:48] would go against florida
[14:48] statute.
[14:49] >> I do think that needs to
[14:52] have a little more teeth in it
[14:55] because I think now we've got a
[14:56] pretty educated general public
[14:59] out there and I can tell you
[15:00] and I don't know if you get
[15:00] that many calls or not but
[15:03] anybody that's at a shopping
[15:03] center or a public place where
[15:04] they see a dog or hear a dog
[15:07] barking in a vehicle and
[15:07] they're unattended, they're
[15:08] calling to report it.
[15:10] Yeah, absolutely.
[15:11] >> and that's correct.
[15:11] And we we get plenty of those
[15:12] calls.
[15:14] I think I've had three within
[15:15] the last month alone.
[15:15] >> yeah.
[15:16] And like I said, until we get
[15:18] to the point that I can
[15:18] articulate based on my training
[15:19] and experience that this dog is
[15:21] in distress, there's nothing I
[15:22] can do other than give them
[15:25] education.
[15:26] So now this gives us a step in
[15:27] between so there are some
[15:29] accountability and some
[15:29] ramifications of that.
[15:30] They'll think about this before
[15:31] the next time they do it again
[15:33] and it does result in a dog
[15:33] being in distress.
[15:36] >> well, I would never want to
[15:37] do anything that would dilute
[15:38] this with your intentions, you
[15:40] know, because they're
[15:40] excellent.
[15:41] That's what we want.
[15:42] I want to make sure you got
[15:46] something to fall back on the
[15:47] ground sufficient.
[15:47] Not crack the window or you
[15:48] know, one window was down
[15:49] completely or whatever.
[15:52] >> I think it's it needs to it
[15:53] needs to say a little more
[15:55] understood.
[15:56] I think that would help you out
[15:56] immensely because I think I
[15:59] know what's going to happen.
[16:03] It's potential that it says I
[16:03] don't would be placed or
[16:04] confined in an unintended motor
[16:07] vehicle without ventilation and
[16:08] just take sufficient out of it
[16:10] and that would mean the windows
[16:11] have to be cracked at some
[16:14] point.
[16:15] The question becomes by saying
[16:18] without ventilation is this
[16:19] enough ventilation?
[16:20] i still would say that's not
[16:22] ventilation and maybe if we
[16:23] define ventilation as air being
[16:26] able to move freely throughout
[16:27] the vehicle that a set
[16:30] of defined sufficient defined
[16:31] ventilation as you know freely
[16:34] moving air that can transmit
[16:35] back and forth throughout the
[16:38] vehicle allowing for fresh air
[16:39] to enter the vehicle at any
[16:39] given point in time because
[16:43] this is not going to allow for
[16:43] air but like a window
[16:44] completely down or halfway down
[16:46] on both sides is going to allow
[16:47] free air movement throughout
[16:47] the vehicle.
[16:49] >> but we'll look at this
[16:50] section to try to strengthen
[16:50] that definition so we can
[16:54] articulate to the public
[16:55] exactly what we're trying to
[16:56] get to and I don't know if it's
[16:56] possible.
[16:57] >> one other thing to consider
[16:58] in this is this happens when
[17:01] people are having you're in
[17:02] animals transported on a
[17:05] commercial aircraft.
[17:05] There are certain levels
[17:09] of ambient temperature on which
[17:10] and you cannot send your
[17:12] animals on the airplane even
[17:13] though climate controlled
[17:14] conditions occur in the
[17:16] aircraft and cargo compartment
[17:17] when they are taken out and
[17:20] left on a runway or taken a
[17:21] place for baggage and handling
[17:22] where the temperature MAY not
[17:24] be controlled, there's been
[17:25] some loss of life there.
[17:29] So I don't know where and where
[17:32] temperature could be put in
[17:33] here if there could be some
[17:33] restrictions on that.
[17:36] But let me just face it when we
[17:37] do have temperatures in the 40s
[17:39] and 50s outside, it's much
[17:40] different than than what we're
[17:43] having right now.
[17:44] And again, I just like I know
[17:47] that I know what comes up.
[17:47] I know these things happen and
[17:50] I'm just trying to give just
[17:51] some input so you can tweak
[17:55] this a little bit so we can be
[17:55] covered.
[17:55] >> yeah, yeah.
[17:58] I think the biggest problem we
[17:58] have with ordinances in general
[18:02] and I'm running into this is
[18:03] many of us specifically law
[18:04] enforcement and I think officer
[18:06] wilkin probably attest to this
[18:09] is putting parameters like a
[18:10] temperature in there isn't bad
[18:13] except for he is not able to
[18:14] enforce that so he's not really
[18:14] going to know the inside of the
[18:16] temperature of that vehicle
[18:17] until he gets inside that
[18:18] vehicle which he has to have a
[18:21] reason to get inside that
[18:22] vehicle which is typically the
[18:22] dog is in distress and you can
[18:26] tell so you know, we run into
[18:27] this a lot where it's like oh,
[18:30] we'd love to, you know, prevent
[18:31] bicycle ebikes on roads who are
[18:33] going 20mph.
[18:33] Okay.
[18:34] Well that's really hard to
[18:34] enforce because our radar
[18:37] doesn't pick it up correctly
[18:38] and stuff like that.
[18:39] So we try to look at writing
[18:40] this the best way so that
[18:41] enforcement can happen through
[18:44] his eyes and be arguable to the
[18:48] magistrates or the judges in
[18:48] charge.
[18:49] >> but I agree with you we can
[18:52] define this better so it's a
[18:53] lot better and we can put some
[18:53] other kind of parameters to
[18:56] indicate you know maybe we want
[18:57] windows to be at least three
[18:59] fourths of the way down and on
[19:00] all four of a normal standard
[19:03] vehicle or something like that
[19:03] .
[19:04] But you know I appreciate you
[19:05] for pointed out because you
[19:07] know it's something that, you
[19:08] know overlooks us and then
[19:09] that's why we bring it to you
[19:09] guys so that we can kind
[19:12] of flesh it out some more.
[19:13] >> okay.
[19:13] Perfect procedure.
[19:15] That's exactly what we're here
[19:16] for.
[19:16] I guess that's what this is
[19:17] for.
[19:17] That's the good stuff.
[19:19] Any further questions that we
[19:20] can move on?
[19:20] >> all right.
[19:23] Read this is another one I'm
[19:23] very excited to bring you guys.
[19:24] >> this is their pre
[19:26] prohibition of the retail sale
[19:27] of dogs and cats.
[19:30] So no commercial establishment
[19:31] or flea market for the purposes
[19:32] of resale or retail can display
[19:34] sell deliver, offer for sale,
[19:35] barter auction or otherwise
[19:37] transfer dispose of dogs and
[19:38] cats.
[19:38] This section is highlighted
[19:42] here because obviously a lot a
[19:43] lot of us know the florida
[19:44] point of rescue worked very
[19:47] closely in hand with the pet
[19:47] supermarket up there on
[19:48] saturdays they go up and do
[19:50] adoption events this does not
[19:50] include that.
[19:51] So any humane society or
[19:54] nonprofit organization can go
[19:54] to a retail establishment and
[19:58] offer some form of adoption
[19:58] program things like that.
[19:59] >> the goal is to stop people
[20:02] from retail sailing dogs or
[20:03] cats so companies like petland
[20:06] who are famous in orlando that
[20:06] were retailing retail selling
[20:07] dogs or cats and then same
[20:10] thing with flea markets the
[20:11] daytona flea market had a big
[20:11] issue with this before we
[20:12] passed an ordinance and boucher
[20:14] county that disbanded so we be
[20:15] no retail sale of dogs and cats
[20:18] so again if a humane society or
[20:19] nonprofit wanted to come out
[20:22] and wanted to do an event with
[20:22] tractor supply or pet
[20:23] supermarket or any of our other
[20:25] local businesses by all means
[20:26] obviously that's what we want,
[20:26] right?
[20:28] >> we want to increase adoption
[20:32] rates and not retail rates and
[20:33] those are all the major changes
[20:34] I have for you guys.
[20:35] >> and then again obviously
[20:36] there's a lot of verbiage, a
[20:37] lot of words inside of the main
[20:39] ordinances.
[20:40] >> if you guys have any further
[20:41] questions with them please let
[20:44] me know again the goal like the
[20:45] doctor said that the goal is to
[20:45] strengthen animal welfare and
[20:47] to make it as good as possible
[20:48] to make new smyrna beach the
[20:50] safest place to have a pet.
[20:51] >> and the goal is for you guys
[20:52] to be able to review them and
[20:53] give me feedback of things that
[20:54] you'd like to see changed or
[20:55] added or different.
[20:58] Any questions I can answer for
[20:58] the board?
[20:58] >> yes.
[20:59] I'd like to go back to the
[21:02] civil penalty we first spoke
[21:04] about with a third offense
[21:05] previously requiring a
[21:08] mandatory court appearance,
[21:08] correct.
[21:09] >> well, what was the reason
[21:13] for eliminating the court
[21:14] appearance and I'm sure I know
[21:14] there's a good reason but yeah,
[21:17] the resources of the court so
[21:18] you know, having somebody go
[21:21] out and appearing in front of a
[21:21] court for them to be issued the
[21:22] same fine that is the maximum
[21:25] we can issue them takes a toll
[21:25] on the court.
[21:26] You know they they have traffic
[21:28] court, they have citations
[21:29] they're going through when we
[21:29] can issue them the maximum
[21:30] amount that's the same thing
[21:32] that the court would be able to
[21:32] do.
[21:33] So rather than putting those
[21:35] stresses and strains on the
[21:36] court system, we'll go ahead
[21:37] and address that here in house.
[21:39] >> so basically when they went
[21:40] to court their option was to
[21:42] pay the fine and nothing else
[21:43] happened.
[21:44] >> so basically they can still
[21:46] go to court and appeal it but
[21:47] if they'd rather just pay the
[21:50] fine right now there's no
[21:51] reason to send it to the court,
[21:51] pay the court processing fees
[21:52] and do all that because they're
[21:54] not getting anything more than
[21:55] the mandatory fine.
[21:58] >> and my reason for
[21:59] questioning that and especially
[21:59] with the new animal cruelty
[22:02] laws statewide that have been
[22:05] in place I didn't know if this
[22:06] I mean a third offense to me is
[22:09] pretty serious and I didn't
[22:10] know where that would fall.
[22:13] And in the jurisdiction of the
[22:17] state for someone that has a
[22:18] third offense for the same
[22:22] thing and they're ability or
[22:22] their their say their ability
[22:26] necessary I would say the
[22:26] privilege of of owning animals
[22:30] comes into question so by the
[22:31] courts yeah and this is to
[22:33] address city ordinances this is
[22:34] to address things such as dog
[22:37] being off leash spay and neuter
[22:38] tethering ordinance violations,
[22:39] things like that.
[22:41] This wouldn't address any
[22:42] of those animal cruelty.
[22:43] So animal cruelty we handle
[22:46] entirely differently anything
[22:47] that comes with the jail
[22:47] offense.
[22:48] So any time we petition the
[22:49] court for custody michelle and
[22:50] I always request that the court
[22:50] enjoin the owner from ever
[22:53] having contact or owning
[22:54] animals.
[22:54] >> this is more to address your
[22:57] local city ordinance
[22:57] violations.
[22:58] >> okay.
[22:59] And this wouldn't apply to your
[23:01] dangerous dog ordinance either
[23:01] .
[23:01] So that would be completely
[23:05] separate that would have a
[23:06] different I think it even
[23:08] outlines the different civil
[23:09] penalty and we can write that
[23:09] in there.
[23:12] But like he said, this is for
[23:13] your I don't wanna call them
[23:14] minor offenses but your more
[23:16] minor offenses in a city
[23:17] ordinance element then you're a
[23:20] serious florida statute things
[23:21] that will call into question
[23:24] the care of the dog and I think
[23:25] if we get to the point let's
[23:28] say for example we do have an
[23:29] animal that is left in a
[23:32] vehicle and it doesn't have
[23:35] sufficient ventilation but the
[23:36] is not at distress that
[23:39] dillon's going to articulate
[23:40] that and I think on a second
[23:40] offense is probably going to
[23:42] move to have the court remove
[23:43] the animal from the care
[23:44] custody and we'll go through a
[23:47] civil process for removing the
[23:47] animal based on a neglect but
[23:50] we'll be able to articulate
[23:51] that hey, we've had this
[23:51] previous case now we have
[23:54] another case.
[23:55] It seems like this person is
[23:55] not taking adequate care and
[23:57] then the court through the
[23:58] civil process will be able to
[23:59] determine whether they believe
[24:00] that they cannot handle the pet
[24:04] at that point in time.
[24:08] And there were some other parts
[24:08] of the ordinance that proposed
[24:12] the same of dealing with the
[24:13] meetings of this board.
[24:16] Yes.
[24:16] And said the board shall meet
[24:21] when necessary versus at least
[24:21] quarterly.
[24:24] Yes.
[24:28] Who decides when it's
[24:29] necessary?
[24:30] >> the city staff would decide
[24:32] so obviously any dangerous dog
[24:32] would come.
[24:35] We would meet at that point in
[24:36] time and then that makes
[24:36] perfect sense.
[24:37] >> yeah.
[24:39] Any ordinance change like we're
[24:40] doing now?
[24:40] My fear is sometimes with some
[24:43] of our other boards is that
[24:44] we're meeting just to meet and
[24:47] we have nothing to talk about
[24:48] and I would hate to bring
[24:49] everybody in here and say okay
[24:51] great we're here.
[24:52] >> we really have nothing to
[24:53] tell you and then go from
[24:53] there.
[24:55] You're more than welcome to
[24:56] communicate with city staff and
[24:59] MISS Evans as to like hey, I'd
[25:00] love to have a meeting because
[25:01] I'd like to discuss the
[25:03] following things and then the
[25:04] staff can look at it and go yup
[25:07] let's have a meeting to discuss
[25:07] these concerns.
[25:08] >> so yeah that's fine with me.
[25:08] Okay.
[25:10] Yeah that's good.
[25:14] >> on the on page four under
[25:16] the appeals.
[25:20] Okay.
[25:24] I don't I don't think we've
[25:24] ever had this come up before.
[25:28] The board shall hear and
[25:29] determine appeals by any person
[25:32] aggrieved by their dog being
[25:35] deemed dangerous that that's
[25:39] not an appeal of the decision
[25:40] of this board.
[25:40] >> certainly that's that's an
[25:44] appeal of the of the animal
[25:48] control officers designation.
[25:48] >> right.
[25:48] Okay.
[25:51] He gets to determine that
[25:52] they're dangerous.
[25:52] That person can either accept
[25:56] his determining or appeal it to
[25:56] this board.
[25:57] Then you all make your
[25:59] determination if they would
[25:59] like to appeal your
[26:00] determination it goes to the
[26:06] circuit court.
[26:10] So all these other things that
[26:10] have been stricken in this
[26:17] proposed ordinance then you
[26:17] guys have just gone through
[26:21] this is what he what he talked
[26:22] about here today.
[26:23] There's a lot of other stuff in
[26:24] here that's being changed for
[26:25] correct.
[26:26] >> a lot of it is
[26:26] reorganization.
[26:29] I felt that this chapter was
[26:29] very disorganized.
[26:33] We had a lot of reserved area
[26:33] and the numbers didn't flow
[26:34] appropriately and I thought
[26:37] things were put in weird spots.
[26:38] >> so a lot of it remains but
[26:41] is being reorganized in
[26:42] different areas and then some
[26:45] of it has just been cleaned up
[26:45] in general with some additives
[26:49] of what officer wolfe has
[26:49] indicated.
[26:50] >> I will say that there is
[26:53] another section that I am
[26:56] considering adding which deals
[26:59] with our roosters on flagler
[27:00] avenue and just my next point.
[27:03] >> okay.
[27:04] Which would allow us to
[27:07] something I've kicked around is
[27:08] to allow us to address
[27:08] aggressive roosters, define
[27:11] what aggressive means, define
[27:12] that we have two verified
[27:15] reports of roosters attacking
[27:19] people or damaging property and
[27:22] based on that the city of new
[27:23] smyrna beach can execute how we
[27:26] deem fit to remove said
[27:26] aggressive roosters.
[27:27] >> right now we don't have that
[27:28] in the ordinance so that's
[27:30] something I forgot to put in
[27:31] there.
[27:31] It came back up.
[27:32] I think I'm going to add it
[27:34] I'll probably look at key west
[27:35] to see exactly how they're
[27:36] bridges because I think they
[27:38] have something similar but we
[27:38] do want to address our
[27:41] aggressive rooster issue the
[27:46] urban chicken program know we
[27:48] have an urban chicken program
[27:49] his his do we have that in
[27:50] place now?
[27:50] Anything like it?
[27:53] I would we have it in place I
[27:54] just don't know that we have a
[27:56] lot of people who do it.
[27:57] >> that same ordinance is in
[27:57] place.
[27:58] I don't believe we made any
[28:00] changes to that ordinance other
[28:01] than the number two.
[28:01] Again, that was just to
[28:04] rearrange order and flow.
[28:05] >> yes, I rearranged it into it
[28:07] like the exotic animal models
[28:08] and eggs and urban chickens but
[28:09] the requirements and permit
[28:11] remain the same.
[28:11] Yeah.
[28:15] Do you can you get me a copy
[28:16] of the ordinance that you're
[28:16] referring to?
[28:19] >> sure, sure.
[28:20] Because I don't I didn't I've
[28:23] got what I thought was the
[28:24] current one I had the one that
[28:24] megan wilks put together.
[28:26] We previously discussed it
[28:30] never took effect in what I
[28:31] have there is nothing about the
[28:34] chickens at that time so I
[28:34] didn't realize that that had
[28:35] ever been passed.
[28:39] >> yes it ha yes it's it's in
[28:40] the ordinance now.
[28:42] >> well no it I can tell you
[28:43] this it didn't come before this
[28:46] board okay I don't know thank
[28:46] GOD this is before me and I
[28:49] would want to get too involved
[28:56] in this thing but
[28:56] if you had a
[28:59] lot of complaints about people
[29:00] having chickens in the
[29:03] neighborhoods a minimal amount
[29:04] I'd say we receive a couple
[29:07] of year mostly regarding people
[29:08] having roosters because
[29:10] obviously they're waking up
[29:11] super early in the morning and
[29:11] creating a disturbance to the
[29:14] neighborhood which the current
[29:15] ordinance does not allow you to
[29:18] have a pet rooster.
[29:19] So we will go through and we
[29:19] address those.
[29:20] It's just one of those things
[29:22] that we address on a case by
[29:23] case basis and I would not say
[29:24] it's a problem we get a lot
[29:26] of yeah, I wouldn't be anxious
[29:27] to go in and if you have
[29:30] chickens that you're getting
[29:30] eggs and stuff they have to be
[29:33] have a coop and yeah there are
[29:34] certain requirements as far as
[29:35] the sheltering, the housing,
[29:38] the sanitation the ordinance is
[29:38] very specific into what they
[29:39] have to have.
[29:41] Yeah but you're allowed to have
[29:42] up to five hens as long as
[29:43] you've obtained the permit from
[29:45] the city.
[29:45] Our complaints about people
[29:49] having chickens and their
[29:49] neighborhood or is this a
[29:50] complaint generated
[29:53] investigation on your part or
[29:54] is it code enforcement who it
[29:57] would go through?
[29:58] So sometimes they go through
[29:58] code enforcement.
[29:59] Sometimes they call into the
[30:01] non-emergency dispatch center
[30:02] or sometimes it MAY be
[30:03] something they call and to the
[30:05] city directly but it's yeah,
[30:05] it's made so it's a complaint
[30:08] that I'm responding to if that
[30:09] makes sense.
[30:09] >> well, the one thing I did
[30:12] want to talk about was the
[30:13] roosters and the chickens in
[30:16] general on flagler is nobody
[30:20] really asked the question where
[30:20] did they come from?
[30:21] >> oh yeah and I think yeah
[30:24] when we we've asked the
[30:24] question you know the question
[30:25] is where did they come from
[30:27] because they have came from
[30:28] somewhere much like ybor city
[30:31] and tampa and key west you know
[30:32] they did originate from
[30:32] somewhere and it's a it's a
[30:35] polarized divide amongst the
[30:36] city of what the perspective is
[30:39] with the roosters amongst our
[30:39] residents because when you go
[30:43] out to tractor supply and you
[30:43] get those cute little chickens
[30:47] to bring home, you're often
[30:47] surprised that you don't have
[30:48] hens.
[30:50] yeah, you've got a rooster in
[30:50] there.
[30:51] So flagler has gotten to be a
[30:55] dumping ground for unwanted
[30:58] roosters and yeah I, I think we
[31:01] had put out a post maybe two
[31:02] years ago at some point that
[31:04] banning an animal is considered
[31:05] a crime.
[31:06] The biggest thing is catching
[31:10] them and so we've been unable
[31:11] to really catch anyone to be in
[31:12] in an animal but yes they are
[31:13] definitely coming from
[31:16] somewhere.
[31:17] >> yeah that's where they're
[31:17] coming from.
[31:17] Yeah.
[31:18] Currently there is a city
[31:20] ordinance that you can't
[31:21] abandon an animal anywhere
[31:21] within the limits of the city
[31:24] which would carry a $50 fine.
[31:24] Again, one of the reasons that
[31:28] we're trying to up that there's
[31:28] a state law that also addresses
[31:29] that which makes it a
[31:30] misdemeanor to abandon an
[31:32] animal in any public place or
[31:32] street.
[31:33] But again the resource becomes
[31:35] of how do we prove it?
[31:36] I know the police department
[31:37] has made efforts into trying to
[31:39] figure out where the roosters
[31:40] have came from but as just came
[31:42] to no avail crime and I thought
[31:43] I remember hearing when I moved
[31:46] here that somebody thought it
[31:47] would be cool because to be
[31:51] like he was and had dumped some
[31:51] off but like going again they
[31:52] had to start it from somewhere
[31:54] so that that could have been
[31:54] the philosophy they just keep
[31:55] multiplying.
[32:01] >> yeah chickens do the sachs
[32:05] month age on animals beings
[32:06] spayed or neutered and we've
[32:09] talked about this I think at
[32:10] least once before there has
[32:13] been a lot of research and a
[32:14] lot of veterinarians are
[32:17] changing their policy on the
[32:20] age because especially in large
[32:21] breed male dogs there were some
[32:28] much higher incidence
[32:28] of osteosarcoma bone cancer
[32:32] right long bone cancer in
[32:33] labradors, golden retrievers a
[32:36] lot of the popular large breed
[32:37] dogs and retrospective studies
[32:37] just found out that there was
[32:41] definitely a connection between
[32:41] that and now and their
[32:44] recommendation is between 12
[32:45] and 24 months.
[32:49] Now I don't know that needs to
[32:50] be put in the ordinance this is
[32:52] MAY be for your yeah so
[32:53] something that we did after we
[32:53] had spoken about that last time
[32:56] so I obviously you know took
[32:57] your words and move forward
[32:57] with that there is a medical
[32:59] exemption in there so if any
[33:00] veterinarian makes any
[33:01] statement saying that for any
[33:03] medical purpose this dog cannot
[33:03] or shall not be spayed or
[33:06] neutered until this age that
[33:07] medical exemption would apply.
[33:08] So if you yourself as a
[33:08] veterinarian said, you know,
[33:11] this is a male great dane, I
[33:11] don't believe he should be
[33:14] neutered until two years and
[33:14] you wrote us a letter you'd be
[33:15] exempt and we would not be
[33:16] enforcing any spay neuter upon
[33:22] that person
[33:23] .
[33:28] That's that's about all I got.
[33:28] Any other questions?
[33:31] Input.
[33:32] I don't have my notes at home.
[33:37] No, no, it was a dog.
[33:38] >> eat up.
[33:40] Just get a play with the arrow
[33:40] dog.
[33:41] they were all how little typos
[33:43] do you want do you want to hear
[33:43] about those later?
[33:44] Like can I type them up and
[33:45] send them to you?
[33:47] Yeah you can that's for sure.
[33:47] >> yeah well I mean this will
[33:48] go through just so that you
[33:51] know we'll probably go back
[33:51] through it.
[33:54] We've noticed some mistakes
[33:54] ourselves.
[33:55] >> it's honestly writing an
[33:58] ordinances a very complicated
[33:59] it's not complicated it's
[34:02] tedious where you delete and
[34:03] underline and cross and when
[34:04] you're doing that it doesn't
[34:04] always catch everything which
[34:07] leads to the typos and the
[34:07] spacing issue and stuff like
[34:08] that.
[34:10] >> but from here we'll go back
[34:11] over it, try to get it cleaned
[34:14] up with some of the notes that
[34:15] you've given us.
[34:15] We'll talk to the chief
[34:16] of police who will talk to the
[34:19] city manager and then they will
[34:19] decide when to bring it forward
[34:22] to commission and maybe if they
[34:23] would like to have a public
[34:25] workshop with other citizens
[34:26] maybe coming in, being
[34:26] involved, that's always a
[34:29] possibility.
[34:30] I suspect this will take a 6 to
[34:33] 8 months time frame to get
[34:33] fully through commission.
[34:36] >> it is two readings.
[34:37] We've got a few things that are
[34:40] pressing on the commission
[34:40] right now.
[34:41] We also have holidays coming up
[34:44] and like I said this is a
[34:48] rewrite of a whole chapter so
[34:48] this is chapter 18 being
[34:49] completely kind of gutted and
[34:52] rewritten and reformatted.
[34:53] So that takes a little bit
[34:53] longer.
[34:56] That's why I always love to
[34:57] give 6 to 8 months and if I get
[34:59] it done in four I have
[35:00] delivered so well I think I can
[35:03] I certainly feel better.
[35:04] >> excuse me MAY please ask you
[35:07] to speak into your microphone.
[35:07] You're not coming a three okay.
[35:10] I think if I could have that
[35:14] copy of that old ordinance I
[35:15] think I could do a much more
[35:17] complete job.
[35:18] You know, from a veterinarian
[35:21] standpoint of evaluating these
[35:22] these additions and or changes
[35:26] so I think we need it unless I
[35:29] come I'll go through it all and
[35:30] I don't come up with anything
[35:30] new.
[35:32] I would think we need to at
[35:33] least have one more meeting.
[35:34] >> that's fine.
[35:36] That's fine.
[35:37] So what I'll do is I'll have
[35:41] either MISS Evans send it to
[35:44] your MR. Taylor hardy and send
[35:44] it to you a copy of chapter 18
[35:48] as written and then that's the
[35:48] current that's the current or
[35:51] okay downloaded from muni
[35:52] code directly sent to you and
[35:55] then we'll send you the copy
[35:56] that we have again which is the
[36:00] change one which you will see
[36:00] the strike thrus and the cross
[36:02] out.
[36:03] I would disregard all the other
[36:06] copies you have at this point
[36:07] and just look at those two.
[36:09] So the one from chapter 18 is
[36:10] currently in the books and
[36:12] passed and codified the one and
[36:13] that's what we work off
[36:16] of what's been codified and
[36:17] then we'll go from there and we
[36:18] can plan to have another
[36:21] meeting maybe in DECEMBER if we
[36:25] can convene it sooner will
[36:25] email you guys and see if we
[36:26] can get you here sooner so that
[36:28] we can get the ball rolling but
[36:29] we can shoot for DECEMBER to
[36:30] bring it back.
[36:30] >> okay, good.
[36:32] Thank you.
[36:33] >> and I want to thank you for
[36:36] going I think above and beyond
[36:37] I know I do this at the state
[36:39] level.
[36:40] I'm CHAIRMAN Of the state board
[36:41] of veterinary medicine and they
[36:44] have just recently done a lot
[36:47] of changes and in our chapter
[36:47] 474 I know how difficult it is
[36:51] to write rules and regulations.
[36:51] >> yeah.
[36:53] I mean prior to the to the
[36:54] sachs months that it will now
[36:55] take to move forward from this
[36:56] I've been working on this for
[36:58] probably 7 or 8 months alone
[36:59] and that includes reaching out
[37:02] to some of the the pinnacle
[37:02] animal welfare agencies in
[37:03] florida.
[37:03] >> you know brevard county
[37:06] animal services, lee county
[37:06] animal services looking at
[37:07] agencies like that and seeing
[37:10] the strides and the directions
[37:11] that they're taking and then
[37:11] kind of building what fits for
[37:14] our city based off of that.
[37:14] >> so I very much appreciate
[37:17] that they do so much and I know
[37:18] it's a little bit sometimes a
[37:21] little bit frustrating when you
[37:22] get things oh I got this just
[37:22] right.
[37:23] >> this is exactly what I
[37:25] wanted to say and somebody
[37:25] comes up with a little
[37:26] something that kind of throws
[37:29] it off the rail a little bit.
[37:30] I know how how that can be a
[37:32] little discouraging and I never
[37:33] want to be that person but I
[37:33] certainly think I do have
[37:36] something to contribute on some
[37:37] of these and I can see from my
[37:40] experience the wording
[37:40] of something is going to cause
[37:41] trouble down the road.
[37:44] I certainly bring it up just
[37:44] for that reason.
[37:45] Just just want to try and get
[37:48] it right first time.
[37:48] >> yeah totally.
[37:49] Not sure that as much as we can
[37:52] the mission of the mission
[37:53] of my mission and your guys is
[37:53] mission is the same thing,
[37:54] right?
[37:55] >> we want that just for the
[37:56] animals inside the city of new
[37:56] smyrna beach.
[37:59] So your feedback anything that
[38:00] you guys give me I don't take
[38:00] it personally.
[38:01] >> you know, like you said, it
[38:02] is something I've worked on
[38:03] passionately and dedicatedly
[38:04] for the last several months.
[38:07] >> but whatever we can do as a
[38:08] group to move forward to make
[38:09] sure we have the best of the
[38:11] best is what I want.
[38:11] Good deal.
[38:12] All right.
[38:15] So very good.
[38:15] I think we're done.
[38:18] Any other staff reports?
[38:19] >> nothing from the city
[38:20] attorney's office.
[38:22] Okay.
[38:23] >> any board members?
[38:23] Any comments?
[38:23] Questions?
[38:25] No.
[38:26] No.
[38:26] Okay.
[38:29] Oh, this is SEPTEMBER.
[38:30] >> okay.
[38:33] So we could meet once in
[38:37] DECEMBER if not DECEMBER.
[38:38] >> JANUARY perhaps?
[38:38] Absolutely.
[38:38] Okay.
[38:40] Can be a problem at all.
[38:44] okay.
[38:45] We have no public so we have no
[38:48] public comments.
[38:48] Okay.
[38:52] The move to adjourn you have a
[38:53] motion to adjourn.
[38:54] >> do we have a second?
[38:55] >> second.
[38:55] All those in favor
[38:56] of adjournment say hi.
[38:58] Hi.
[38:59] >> and you oppose motion
[38:59] carries.
[39:00] We're adjourned.
[39:00] Thank you guys.
[39:01] Thank you.