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HomeMy WebLinkAbout10-24-11 Regular Meeting of La Porte City CouncilLOUIS RIGBY Mayor JOHN ZEMANEK Councilmember at Large A DOTTIE KAMINSKI Councilmember at Large B MIKE MOSTEIT Councilmember District 1 CHUCK ENGELKEN Mayor Pro -Tem, Councilmember District 2 CITY COUNCIL MEETING AGENDA DARYL LEONARD Councilmember District 3 TOMMY MOSER Councilmember District 4 JAY MARTIN Councilmember District 5 MIKE CLAUSEN Councilmember District 6 Notice is hereby given of a Regular Meeting of the La Porte City Council to be held October 24, 2011, beginning at 6:00 p.m. in the Council Chambers of City Hall, 604 West Fairmont Parkway, La Porte, Texas, for the purpose of considering the following agenda items. All agenda items are subject to action. The City Council reserves the right to meet in a closed session on any agenda item should the need arise and if applicable pursuant to authorization by Title 5, Chapter 551, of the Texas Government Code. 1. CALL TO ORDER 2. INVOCATION — The invocation will be given by Dee Spears - Fairmont Park Church. 3. PLEDGE OF ALLEGIANCE — The Pledge of Allegiance will be led by Councilmember Jay Martin. 4. PRESENTATIONS, PROCLAMATIONS and RECOGNITIONS Recognition — "Employee of the (Third) Quarter" — Walter Lee, Finance Utility Billing. 5. PUBLIC COMMENTS (Limited to five minutes per person.) 6. CONSENT AGENDA (a) Consider approval or other action of the minutes of the joint meeting of the La Porte Development Corporation Board and City Council held on October 3, 2011, and the minutes of the regular meeting of City Council held on October 10, 2011 — P. Fogarty (b) Consider approval or other action regarding an ordinance approving a contract with Perdue, Brandon, Fielder, Collins, & Mott for collection of mowing and demolition fees — M. Dolby (c) Consider approval or other action authorizing the purchase of Hart Voting System election equipment, and authorizing the Mayor to sign and enter into a Master Agreement and a Warranty, Support and License Agreement with Hart InterCivic on behalf of the City of La Porte — P. Fogarty (d) Consider approval or other action regarding an ordinance amending Chapter 38 of the Code of Ordinances by establishing fees for Fire Department responses to areas located within the Battleground and Bayport Industrial Districts — D. Ladd (e) Consider approval or other action authorizing the Planning Director to execute a pipeline permit to Enterprise Crude Pipeline, LLC for installation of an 18" crude oil pipeline from Exxon's Bayport to Baytown Corridor to the Enterprise Products Operation facility in Morgan's Point — T. Tietjens (f) Consider approval or other action awarding RFP # 08512 for Janitorial Services — S. Cream (g) Consider approval or other action awarding a bid for the purchase of 27,500 rolls of 1.5 mil, 30- gallon plastic garbage bags — D. Mick (h) Consider receiving and authorizing the Mayor to sign the audit /asset forfeiture report as required by Chapter 59 of the Texas Code of Criminal Procedure — K. Adcox 7. PUBLIC HEARING AND ASSOCIATED ORDINANCES (a) Public Hearing regarding the annexation of an approximately 29 -acre tract of land in the Battleground Industrial District located within the City of La Porte's extraterritorial jurisdiction — T. Tietjens 8. DISCUSSION OR OTHER ACTION (a) Discussion or other action regarding the Comprehensive Plan Update from Kendig Keast Collaborative — M. Malik (b) Discussion or other action regarding procedures for recruitment /hiring of a city manager — Mayor Rigby (c) Discussion or other action regarding the approval of an ordinance amending Chapter 82 of the Code of Ordinances by adopting the 2011 Edition of the National Electrical Code — M. Huber (d) Discussion or other action regarding the employee stipend for Civil Service employees — Councilmembers Kaminski, Zemanek and Moser (e) Discussion or other action regarding the Second Water Main Feed to Bay Colony — Councilmembers Zemanek, Kaminski and Moser (f) Discussion or other action regarding future requests for infrastructure improvements that facilitate development — Councilmembers Zemanek, Kaminski and Moser (g) Discussion or other action regarding confinement of animals /chaining of dogs — Councilmembers Zemanek, Kaminski and Moser 9. COMMITTEE REPORTS (a) Receive Report of Fiscal Affairs Committee — Councilmember Engelken 10. STAFF REPORTS (a) Receive Drainage Report — J. Garza 11. ADMINISTRATIVE REPORTS (a) November 7, 2011 — La Porte Development Corporation Board Meeting — 5:00 p.m. (b) November 14, 2011 — City Council Meeting — 6:00 p.m. 12. COUNCIL COMMENTS regarding matters appearing on the agenda; recognition of community members, city employees, and upcoming events; inquiry of staff regarding specific factual information or existing policies — Councilmembers Martin, Moser, Kaminski, Zemanek, Leonard, Engelken, Mosteit, Clausen and Mayor Rigby. 13. EXECUTIVE SESSION The City Council reserves the right to meet in closed session on any agenda item should the need arise and if applicable pursuant to authorization by Title 5, Chapter 551, of the Texas Government Code, including, but not limited to, the following: Texas Government Code, Section 551.072(1) — Consultation with Attorney regarding pending or contemplated litigation /settlement offer: Update regarding annexation of an approximately 29 -acre tract of land in the Battleground Industrial District. Texas Government Code, Section 551.072(1) — Consultation with Attorney regarding pending or contemplated litigation: regarding issues on property located at 603 N. Broadway, La Porte, Texas. Texas Government Code, Section 551.074 — employment, evaluation, reassignment and/ Appointment/hiring of interim city manager. For the purpose of deliberating the appointment, it duties of a public officer or employee: 14. RECONVENE into regular session and consider action, if any, on items discussed in executive session. 15. ADJOURN In compliance with the Americans with Disabilities Act, the City of La Porte will provide for reasonable accommodations for persons attending public meetings. To better serve attendees, requests should be received 24 hours prior to the meeting. Please contact Patrice Fogarty, City Secretary, at 281.470.5019. CERTIFICATION I certify that a copy of the October 24, 2011, agenda of items to be considered by the City Council was posted on the City Hall bulletin board on October 18, 2011. PatriNO ogarty, City Secreta ry I certify that the attached notice and agenda of items to be considered by the City Council was removed by me from the City Hall bulletin board on the day of 1 2011. Signature of person removing from bulletin board Council Agenda Item October 24, 2011 CALL TO ORDER 2. INVOCATION — The invocation will be given by Dee Spears - Fairmont Park Church. 3. PLEDGE OF ALLEGIANCE — The Pledge of Allegiance will be led by Councilmember Jay Martin. 4. PRESENTATIONS, PROCLAMATIONS and RECOGNITIONS Recognition — "Employee of the (Third) Quarter' — Walter Lee, Finance Utility Billing. 5. PUBLIC COMMENTS (Limited to five minutes per person.) **************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** EMPLOYEE OF THE THIRD QUARTER 2011: WALTER LEE During November 2010, Walter was promoted to the position of Meter Reader Supervisor. Walt's duties include providing water utility customer services, re- reading meters, discontinuing meter service, connecting meters for new service, performing maintenance and repair on water meters, installing locks on meters for non - payment, as well as assigning and prioritizing work orders /service requests, training staff and responding to customer complaints. At the time that Walter assumed the supervisor position, meter re -reads were taking a week or more to complete, work orders were two weeks behind, and morale was very low. Walter did not hesitate to jump in and begin a systematic approach to work orders and service requests within the division. He began exchanging worn parts on t he automated meters, and implementing more efficient, time - saving procedures that allows more productivity and increased revenue. During his short tenure as supervisor, over 400 meters have been replaced. Currently, almost one -half of the non - working meters have been eliminated, work orders are up -to -date, service requests are handled in a t imely manner and r e -reads are completed within two to three days. Walter has taken time to properly train staff on repair of water leaks, location of meters that have not been read in years, how to quickly assess a customer complaint and quick and efficient resolution of issues. Walt has a t eam oriented philosophy, which promotes cooperation among his employees, as well as other divisions. He has done a phenomenal job in upgrading the meter reader division's reputation and bridging communication barriers with other departments. Walter is not only respected by co- workers, but his hard work and cheerful attitude is recognized by customers, as well. In the past two months, citizens have been so impressed with his customer service that they took the time and effort to contact the City to praise his work ethic and courteous manner. It is my pleasure and honor to nominate Walter for Employee of the Quarter. MINUTES OF JOINT MEETING OF THE CITY COUNCIL OF THE CITY OF LA PORTE AND THE LA PORTE DEVELOPMENT CORPORATION BOARD HELD ON OCTOBER 3, 2011 The City of La Porte Development Corporation Board met on Monday, October 3, 2011, at the City Hall Council Chambers, 604 West Fairmont Parkway, La Porte, Texas, at 6:00 p.m. to consider the following items of business: Call to Order Mayor Pro -Tem Engelken called the meeting to order at 6:05 p.m. Members of Council present: Councilmembers Zemanek, Kaminski, Clausen, Mosteit and Martin. Absent: Mayor Rigby, and Councilmembers Leonard and Moser. Members of the La Porte Development Corporation Board present: Vice President Pizzitola; Board members Woodard and Ojeda; Councilmembers /Board members Zemanek, Engelken and Clausen. Members of the La P orte Development Corporation Board absent: President Richard Warren. Staff Present Ron Bottoms, Patrice Fogarty, and Assistant City Attorney Clark Askins. 2. Discuss future goals and focus of the La Porte Development Corporation — R. Woodard La Porte City Council and the La Porte Development Corporation Board discussed future goals and main focus of the La Porte Development Corporation. Board member Woodard commented he did not have a concern with funding quality of life issues because these types of projects are what have typically been funded in the past. He requested, however, that City Council provide clarification on the direction of the La Porte Development Corporation Board in terms of focusing on economic development. Councilmember Clausen commented funds are available for economic development AND quality of life projects. Councilmember Clausen also suggested dedicating funds for job creation. Vice President Pizzitola discussed the possibility of allocating funds for both Type A and Type B projects. Councilmember Clausen advised he did not see a need for two separate corporations if City Council and the La Porte Development Corporation Board agreed there is a need for economic development and quality of life projects. Board member Ojeda suggested Board members be allowed to choose projects, contractors and determine funding amounts. Mayor Pro -Tem Engelken commented and advised laws have changed; the La Porte Development Corporation has been in the city for many years and the city has benefited from many projects. Mayor Pro -Tem Engelken informed Boards members that City Council has full authority of funding over the budget. The Mayor Pro -Tem also advised Board members have the freedom to create jobs and work on economic development projects within the annual budget and should not place restrictions on the budget. Mayor Pro -Tem Engelken also added jobs created would benefit the Board, city and the community as a whole. Board member Ojeda agreed with Mayor Pro -Tem Engelken and added Page 1 of 2 October 3, 2011, Joint La Porte City Council and La Porte Development Corporation Board Minutes economic development should be a goal for the City. Councilmember Mosteit added he was against giving full authority of the budget to the Board and referred to the City Charter and City Council's responsibilities as the governing body. Councilmember Martin requested Board members provide suggestions to City Council on how both Board members and City Council can work and support each other on projects and the creation of jobs. Board member Ojeda mentioned to Economic Development Coordinator Stacey Osborne the possibility of a grant program for workforce training. Councilmember Kaminski added the Chamber of Commerce and La Porte High School have a workforce training program in place. Mayor Pro -Tem Engelken suggested City Manager Ron Bottoms and Ms. Osborne provide updates at future La P orte Development Corporation Board meetings on jobs created and results of projects. Councilmember Zemanek requested an update of projects and jobs created at Invista and DuPont. Ms. Osborne responded she would provide updates. City Council and Board members continued to discuss the objective of the La Porte Development Corporation Board and the approval process of previous projects. 3. There were no addi tional comments by City Council Members and La P orte Development Corporation Board Member regarding matters appearing on a genda; recognition of community members, city employees, and upc oming events; inquiry of staff regarding specific factual information or existing policies. 4. Adjournment There being no further business, Councilmember Clausen moved to adjourn the meeting. Councilmember Mosteit seconded. The meeting was adjourned at 6:57p.m. Respectfully submitted, Patrice Fogarty, City Secretary Passed and approved on this 24 day of October, 2011. Mayor Louis R. Rigby Passed and approved on this 7 th day of November, 2011. President Richard Warren Page 2 of 2 October 3, 2011, Joint La Porte City Council and La Porte Development Corporation Board Minutes LOUIS RIGBY Mayor JOHN ZEMANEK Councilmember at Large A DOTTIE KAMINSKI Councilmember at Large B MIKE MOSTEIT Councilmember District 1 CHUCK ENGELKEN Mayor Pro Tem Councilmember District 2 DARYL LEONARD Councilmember District 3 TOMMY MOSER Councilmember District 4 JAY MARTIN Councilmember District 5 MIKE CLAUSEN Councilmember District 6 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF LA PORTE OCTOBER 10, 2011 The City Council of the City of La Porte met in a regular meeting on Monday, October 10, 2011, at the City Hall Council Chambers, 604 West Fairmont Parkway, La Porte, Texas, at 6:00 p.m. to consider the following items of business: 1. CALL TO ORDER Mayor Rigby called the meeting to order at 6:00 p.m. All members of Council were present. Also present were City Secretary Patrice Fogarty, City Manager Ron Bottoms, and City Attorney Knox Askins. 2. INVOCATION - The invocation was given by Michael Thannisch of Congregation Benim Avraham. 3. PLEDGE OF ALLEGIANCE - The Pledge of Allegiance was led by Councilmember Mike Clausen. 4. PRESENTATIONS, PROCLAMATIONS AND RECOGNITIONS — There were none. 5. PUBLIC COMMENTS (Limited to five minutes per person.) Delbert Landry, 316 S. 11 Street, La Porte, addressed City Council with concerns regarding the retention pond (F216 Project), the elimination of trees, and the effects in his community. Jeff Brown, 9422 Rustic Gate, La Porte, also addressed City Council with concerns of the retention pond (F216 Project), the location of the pond near his parents' home, safety factors, mosquitoes, and the elimination of trees. Mr. Brown also commented he understand the need and does want flooding issues under control. Chuck Rosa, 812 S. Virginia, La Porte, addressed City Council in opposition to the removal of donation collection bins. Brenda Davis, 3109 Hughes, Rd., Dickinson, addressed City Council with concerns of a dog being restrained with a chain on Broadway. Ms. Davis requested City Council consider passing an ordinance preventing inhumane treatment to animals. Regina Reiley, 523 N 4 La Porte, also addressed City Council with concerns of dogs being restrained with chains and requested City Council consider passing an ordinance preventing inhumane treatment to animals. Matt Novosad, President of the La Porte Police Officers' Association, addressed City Council regarding the one -time stipend for City employees and hi s understanding of the stipend being approved for all employees. Page 1 of 7 October 10, 2011, City Council Meeting Minutes 6. CONSENT AGENDA — Consent agenda items are considered routine by the City Council and will be enacted by one motion. A Councilmember may remove any item for discussion and /or separate action. (a) Consider approval or other action of the minutes of the regular meeting of the La Porte City Council held on September 26, 2011 — P. Fogarty (b) Consider approval or other action to approve city council meeting dates for the months of November and December 2011 as recommended by staff — R. Bottoms /P. Fogarty (c) Consider approval or other action regarding an ordinance authorizing the City Manager to execute approved form of Agreement Letter with companies located within the Battleground Industrial District for the City of La Porte EMS — R. Nolen (d) Consider approval or other action regarding an ordinance authorizing the City Manager to execute a contract with Dr. Oscar Boultinghouse, M.D., for medical services — R. Nolen (e) Consider approval or other action awarding Bid #12003 for Medical Supplies — S. Cream (f) Consider approval or other action authorizing the City Manager to approve a lease agreement with Dell Computers to replace laptop and desktop computers — J. Suggs City Attorney Knox Askins read the caption of Ordinance 3381, AN ORDINANCE APPROVING AND AUTHORIZING A CONTRACT BETWEEN THE CITY OF LA PORTE AND DR. OSCAR BOULTINGHOUSE, M.D., TO SERVE AS MEDICAL DIRECTOR OF THE DEPARTMENT OF EMERGENCY MEDICAL SERVICES OF THE CITY OF LA PORTE, MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE SUBJECT, FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW, AND PROVIDING AN EFFECTIVE DATE HEREOF. City Attorney Knox Askins read the caption of Ordinance 3382, AN ORDINANCE APPROVING AND AUTHORIZING AGREEMENT LETTERS BETWEEN THE CITY OF LA PORTE AND COMPANIES LOCATED WITHIN THE BATTLEGROUND INDUSTRIAL DISTRICT, FOR EMERGENCY MEDICAL SERVICES, , MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE SUBJECT, FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW, AND PROVIDING AN EFFECTIVE DATE HEREOF. Regarding Item A, Councilmember Zemanek advised to amend the dollar amounts on proposed September 26 Minutes under Consent Item B. Councilmember Engelken moved to approve the consent agenda as presented with amendment to the September 26 Minutes as suggested. Councilmember Clausen seconded. MOTION PASSED. Ayes: Mayor Rigby, Councilmembers Leonard, Clausen, Zemanek, Mosteit, Engelken, Moser, Kaminski and Martin Nays: None 7. PUBLIC HEARINGS AND ASSOCIATED ORDINANCES (a) Public Hearing to receive comments regarding the taxation of tangible personal property in transit — M. Dolby City Council opened the public hearing at 6:28 p.m. regarding the taxation of tangible personal property in transit — M. Dolby Finance Director Michael Dolby presented a summary. Page 2 of 7 October 10, 2011, City Council Meeting Minutes Councilmember Engelken questioned how the City taxes "goods in transit." Tax Manager Kathy Powell advised modifications were being made to include inventory in the warehouses. Councilmember Leonard questioned if the City can tax "goods in transit" over 180 days. Tax Manager Kathy Powell advised yes. There was no public input. The public hearing closed at 6:32 p.m. regarding the taxation of tangible personal property in transit. (b) Consider approval or other action regarding an ordinance authorizing the City of La Porte to continue to tax "goods in transit," as allowed by Tex. Tax Code §11.2530 -1) — M. Dolby City Attorney Knox Askins read the caption of Ordinance 3383 AN ORDINANCE OF THE CITY OF LA PORTE TO TAX TANGIBLE PERSON PROPERTY IN TRANSIT WHICH WOULD OTHERWISE BE EXEMPT PURSUANT TO TEXAS TAX CODE, SECTION 11.253. Councilmember Engelken moved to approve Ordinance No. 3383 as presented. Councilmember Zemanek seconded. MOTION PASSED. Ayes: Mayor Rigby, Councilmembers Leonard, Clausen, Zemanek, Mosteit, Engelken, Moser, Kaminski and Martin Nays: None (c) Public Hearing to receive comments regarding condemnation of the substandard building at 1307 E. Main Street (this item has remained in public hearing status since the City Council meeting held on September 26, 2011) — D. Wilmore City Council continued the public hearing at 6:33 p.m. regarding condemnation of the substandard building at 1307 E. Main Street. Chief Building Official Debbie Wilmore presented a summary. Greg Lewis, Representative for the family, addressed City Council and informed them the probate has been completed and potential buyers are Mark Vasquez and his brother. (d) Consider approval or other action of an ordinance condemning the building at 1307 E. Main Street — D. Wilmore Councilmember Clausen moved to continue the public hearing to November 14, 2011. Councilmember Leonard seconded. MOTION PASSED. Ayes: Mayor Rigby, Councilmembers Leonard, Clausen, Zemanek, Mosteit, Engelken, Moser, Kaminski and Martin Nays: None (e) Public Hearing to receive public input on the Proposed 2010 La P orte Redistricting Plan and Ordinance — T. Tietjens City Council opened the public hearing at 6:38 p.m. regarding public input on the Proposed 2010 La Porte Redistricting Plan and Ordinance. Planning Director Tim Tietjens presented a summary. There was no public input. The public hearing closed at 6:39 p.m. Page 3 of 7 October 10, 2011, City Council Meeting Minutes (f) Consider approval or other action regarding an ordinance adopting the Proposed 2010 La Porte Redistricting Plan as recommended by the 2010 La Porte Redistricting Committee — T. Tietjens City Attorney Knox Askins read the caption of Ordinance 3384 AN ORDINANCE DETERMINING THE POPULATION OF THE CITY OF LA PORTE AS ESTABLISHED BY THE 2010 U.S. CENSUS; FINDING THAT THE DISTRIBUTION OF POPULATION AMONG THE VARIOUS COUNCIL DISTRICTS IS MATERIALLY UNBALANCED; ESTABLISHING NEW DISTRICT BOUNDARIES FOR THE RESIDENCE AND ELECTION OF DISTRICTS COUNCILPERSONS; CONFIRMING EXISTING POLLING PLACES; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; PROVIDING AN EFFECTIVE DATE HEREOF. Councilmember Engelken moved to approve Ordinance 3384 as presented. Councilmember Moser seconded. MOTION PASSED. Ayes: Mayor Rigby, Councilmembers Leonard, Clausen, Zemanek, Mosteit, Engelken, Moser, Kaminski and Martin Nays: None (g) Public Hearing regarding the annexation of an approximately 29 -acre tract of land in the Battleground Industrial District and located within the City of La Porte's extraterritorial jurisdiction — T. Tietjens City Council opened t he first public hearing at 6:41 p.m. regarding the annexation of an approximately 29 -acre tract of land in the Battleground Industrial District and located within the City of La Porte's extraterritorial jurisdiction. Planning Director Tim Tietjens presented a summary. Richard Weaver, Legal Counsel for Ted Booher, addressed City Council and requested a 6 -foot chain link fence with slats. Mr. Weaver also informed City Council of the proposal to beautify the area in lieu of this opposed annexation. The first public hearing closed at 6:47 p.m. regarding the annexation of an approximately 29 -acre tract of land in the Battleground Industrial District and located within the City of La Porte's extraterritorial jurisdiction. There was no action taken at this first public hearing. 8. ORDINANCES (a) Consider approval or other action of an ordinance declaring donation collection bins a public nuisance and prohibiting same within the city limits — D. Wilmore Chief Building Official Debbie Wilmore presented a summary. City Attorney Knox Askins read the caption of the Ordinance AN ORDINANCE AMENDING CHAPTER 34 "ENVIRONMENT ", OF THE CODE OF ORDINANCES OF THE CITY OF LA PORTE, TEXAS BY ADDING NEW ARTICLE VII "DONATION COLLECTION BINS "; PROVIDING A REPEALING CLAUSE; CONTAINING A SEVERABILITY CLAUSE; FINDING COMPLIANCE WITH OPEN MEETINGS LAW; PROVIDING THAT ANY PERSON VIOLATING THE TERMS OF THIS ORDINANCE SHALL BE DEEMED GUILTY OF A MISDEMEANOR AND UPON CONVICTION SHALL BE FINED IN A SUM NOT TO EXCEED FIVE HUNDRED DOLLARS; Page 4of7 October 10, 2011, City Council Meeting Minutes PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF; AND PROVIDING AN EFFECTIVE DATE HEREOF. Councilmember Clausen moved to approve the ordinance as presented. Councilmember Mosteit seconded. MOTION FAILED. Ayes: Mayor Rigby, Councilmembers Clausen and Mosteit. Nays: Councilmembers Martin, Zemanek, Kaminski, Moser, Leonard and Engelken. (b) Consider approval or other action of an ordinance adopting the revised hotel tax ordinance — M. Dolby Finance Director Michael Dolby presented a summary. City Attorney Knox Askins read the caption of Ordinance 3385 AN ORDINANCE AMENDING ARTICLE IV "HOTEL OCCUPANCY TAX" OF CHAPTER 66 OF THE CODE OF ORDINANCES OF THE CITY OF LA PORTE, REGARDING COLLECTION OF HOTEL AND MOTEL OCCUPANCY TAX; CONTAINING A REPEALING CLAUSE, CONTAINING A SEVERABILITY CLAUSE, FINDING COMPLIANCE WITH THE OPEN MEETING LAW; PROVIDING THAT ANY PERSON VIOLATING THE TERMS OF THIS ORDINANCE SHALL BE DEEMED GUILTY OF A MISDEMEANOR AND UPON CONVICTION SHALL BE FINED IN A SUM NOT TO EXCEED FIVE HUNDRED DOLLARS; PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF; AND PROVIDING AN EFFECTIVE DATE HEREOF. Councilmember Engelken moved to approve Ordinance 3385 as presented. Councilmember Leonard seconded. MOTION PASSED. Ayes: Mayor Rigby, Councilmembers Leonard, Clausen, Zemanek, Mosteit, Engelken, Moser, Kaminski and Martin Nays: None 9. RESOLUTIONS (a) Consider approval or other action of a resolution authorizing the sale of Lots 1, 2, & 3, Block 400, Town of La Porte — K. Powell Tax Manager Kathy Powell presented a summary. Assistant City Attorney Clark Askins read the caption of Resolution 2011 -12 RESOLUTION AUTHORIZING THE RESALE OF CERTAIN PROPERTY. Councilmember Moser moved to approve Resolution 2011 -12 as presented. Councilmember Engelken seconded. MOTION PASSED. Ayes: Mayor Rigby, Councilmembers Leonard, Clausen, Zemanek, Mosteit, Engelken, Moser, Kaminski and Martin Nays: None 10. DISCUSSION OR OTHER ACTION (a) Discussion or other action regarding the phasing and funding of the Concrete Street Program and provide staff with direction — J. Garza City Engineer Julian Garza presented a summary. Page 5 of 7 October 10, 2011, City Council Meeting Minutes Councilmember Martin questioned the number of phases of the project. City Engineer Julian Garza informed there are up to twenty phases of the project. Councilmember Martin questioned if drainage objectives would be accomplished if only Phases one, three and four were completed. City Engineer Julian Garza responded many benefits would be achieved by completing Phases one, three and four. Councilmember Moser questioned if there was a possibility for funding of the project. City Engineer Julian Garza informed funding could be expected by January or February 2012. Councilmember Moser commented if funding becomes available, he would like to see staff move forward with Phases one, three and four. Mayor Rigby inquired which individuals had i nput with Phases one through ten. City Engineer Julian Garza informed there was a committee consisting of Cobb Fendley and Associates, Dave Mick, Don Pennell, Rodney Cox, in the Public Works Department, Tim Tietjens, Rodney Slaton and himself. Councilmember Moser moved to direct staff to move forward with the phasing and funding of Phases one, three, and four of the Concrete Street Program. Councilmember Leonard seconded. MOTION PASSED. Ayes: Mayor Rigby, Councilmembers Leonard, Clausen, Zemanek, Mosteit, Engelken, Moser, Kaminski and Martin Nays: None 11. STAFF REPORTS (a) Receive Drainage Report — J. Garza City Engineer Julian Garza provided a Drainage Report. 12. ADMINISTRATIVE REPORTS (a) October 24, 2011 — City Council Meeting — 6:00 p.m. There were no additional administrative reports. 13. COUNCIL COMMENTS regarding matters appearing on the agenda; recognition of community members, city employees, and upc oming events; inquiry of staff regarding specific factual information or existing policies — Councilmembers Clausen, Martin, Moser, Kaminski, Zemanek, Leonard, Engelken, Mosteit and Mayor Rigby. Councilmember Moser requested staff to follow up and assist Mr. Delbert Landry with the issues he addressed to City Council. Councilmember Leonard congratulated participants in the "Bike Around the Bay" event. 14. EXECUTIVE SESSION The City Council reserves the right to meet in closed session on any agenda item should the need arise and if applicable pursuant to authorization by Title 5, Chapter 551, of the Texas Government Code, including, but not limited to, the following: Texas Government Code, Section 551.072(1) — Deliberation regarding real property: Discussion of the sale of property located at 908 and 912 W. Main Street. Texas Government Code, Section 551.072(1) — Consultation with Attorney regarding pending or contemplated litigation /settlement offer: Update regarding annexation of an approximately 29 -acre tract of land in the Battleground Industrial District. Page 6 of 7 October 10, 2011, City Council Meeting Minutes Texas Government Code, Section 551.074 — Deliberation concerning the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of a publ is officer or employee: Ron Bottoms, City Manager. City Council recessed the regular meeting to convene an executive session at 7:13 p.m. 15. RECONVENE into regular session and consider action, if any, on items discussed in executive session. The regular meeting reconvened at 8:53 p.m. Council directed Main Properties to continue with the bid process for the sale of 912 W. Main, directed the City Attorney's Office to continue with the annexation process, and advised of the acceptance of the resignation of City Manager Ron Bottoms effective immediately. 16. ADJOURN There being no further business, Councilmember Engelken moved to adjourn the meeting at 8:55 p.m. Respectfully submitted, Patrice Fogarty, City Secretary Passed and approved on the 24 of October, 2011. Mayor Louis R. Rigby Page 7 of 7 October 10, 2011, City Council Meeting Minutes REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: 10 -24 -2011 Requested By Michael G. Dolbv, CPA Department: Finance Report: _Resolution: Ordinance: X Exhibits: Contract Exhibits: Ordinance Appropriation Source of Funds: General Fund Account Number: 001 - 6146 - 515 -50 -06 Amount Budgeted: N/A Amount Requested: 0 Budgeted Item: (YES) NO SUMMARY & RECOMMENDATION The City Council previously requested staff to review the collection process for mowing and demolition fees. Staff did an RIP for the collection of these fees in 2008. In this process one proposal was received from Perdue, Brandon, Fielder, Collins & Mott, who is the firm that currently collects the city's delinquent taxes. Staff recommends continuing this contract for an additional three years with a two year renewable option to coordinate with the current contract with Perdue for collection of delinquent taxes. Use of the city's delinquent tax attorney for collection of delinquent mowing and demolition accounts enables the attorney to include the delinquent mowing and demolition accounts with the delinquent tax lawsuits. Action Required by Council: Recommend approval or other action of an ordinance authorizing an agreement with Perdue, Brandon, Fielder, Collins & Mott for collection of mowing and demolition fees. Approved for City Council Agenda Traci E. Leach, Assistant City Manager Date This contract is entered into between the CITY OF LA PORTE (hereinafter "City "), a political subdivision of the State of Texas, acting by and through its governing body, and the firm of Perdue, Brandon, Fielder, Collins and Mott, L.L.P., (hereinafter "Firm" or "The Firm "), acting by their duly authorized representative. The City desires to have its delinquent mowing, demolition, paving liens and/or assessments collected by a private law firm, and the Firm desires to collect such mowing, demolition, paving liens and/or assessments on behalf of City. Accordingly, the parties entered into the following contract and are subject to the following conditions. Firm agrees to provide the following services to City: a. To use such reasonable and necessary legal steps to effect collections of mowing, demolition and paving liens and/or assessments due to City. b. To conduct such necessary address and title research to locate the proper owners and verify ownership of properties subject to mowing, demolition, paving liens and/or assessments, and to report any newly discovered information to City. c. To handle all necessary litigation, whether at the trial level or the appellate level. d. To take any and all such appropriate actions to protect mowing, demolition, paving liens and/or assessments claims due City in the United States Bankruptcy Courts; to pursue collections of such claims in the bankruptcy court; and to review bankruptcy court records to determine the effect of bankruptcy proceedings on the viability of any City mowing, demolition, paving liens and/or assessments against persons whose estates have been in bankruptcy. e. To initiate sheriffs sale or writs of execution, when approved by City, through the sheriff and the county where the property subject to execution is physically located. f. To provide legal opinions to City concerning uncollectible accounts, and to provide sufficient documentation to City's Finance Department and/or independent auditors in order to support deletion of appropriate accounts. g. To provide City with such collection and litigation reports as may be desired by City. The Firm also agrees to provide City with copy of litigation and pleadings filed to the extent desired by City. Except as provided herein and the section under remuneration, Firm agrees to provide all such services to City at no charge (recognizing that the costs of collection are to be paid by the property owner /obligor, and that City agrees to pay court costs). Parties agree that the following regular reports will be made: (1) A quarterly report shall be submitted to the Director of Finance and the City Attorney containing the following information: (a) The names of all accounts referred for collection during the quarter; (b) The amount of money collected during the quarter listed by account and in total; (c) The number of letters mailed; (d) The number of suits filed; (e) The number of court proceedings involved in the collection effort during the quarter and (f) An estimate of court costs which will be needed during the next quarter. (2) Every six (6) months the Firm shall present a report to the City Council containing the following information: (a) The number of account worked during the last six (6) months; (b) The amount of money received; (c) A listing of all accounts deemed to be uncollectible, the reason the Firm believes the account to be uncollectible, and a recommendation of whether the account should be written off or held open; (d) The report shall contain any recommendations submitted by the Firm for settlement of any account in an amount less than payment in full; (e) The report shall list any accounts in which a recommendation is made to delay collection efforts indefinitely or for more than six (6) months; and (f) The report should list any properties on which the Firm believes execution of judgment should be requested in order to collect the assessment. (g) To recover court costs and any other fees prepaid by City in suits previously filed by City. 2 (h) To provide to City any such other and further services that might be required to carry out the terms and conditions of this contract, and generally perform the legal services related to collection of delinquent mowing, demolition, paving liens and/or assessments due City of LA PORTE. (i) Whenever the Firm enters into an agreement with a debtor for installment payments, the City shall collect all installments. The City shall account to the Firm each month for money received under installment agreements and shall pay the Firm the Firms' share. (j) The Firm agrees to follow the City's instruction with regard to installment payment plans in hardship cases and homestead cases. No settlement agreement of any claim, suit, or proceeding shall be entered into without the approval of the Director of Finance. The City authorizes and directs the Firm to take all actions the Firm deems advisable to perform the services required under this Contract. This includes all necessary court appearances, research, investigation, correspondence, preparation and drafting of pleadings and other legal documents, trial preparation and related work necessary to property represent the City's interest in these matters. (k) The Firm agrees to obtain permission from the City Council or its designated official before executing any judgment through foreclosure and the sale of any property. (1) The Firm shall perform its services under this contract as an independent contractor and maintain a file for each referred claim which shall be available to the City at all times for inspection. Such file shall contain all data pertinent to the claim to support its disposition. All documents, papers, or records pertaining to a file shall be retained after conclusion of all legal proceeding for disposition as determined by the Director of Finance. AGREES 2. CITY . THIS CONTRACT: a. To make all accounts that the Finance Director designates as ready for collection available to Firm in order to carry out the terms of the conditions of this contract. This includes the initial referral of accounts, and any subsequent referral of accounts. b. To provide a history of payments (whether ongoing through partial payment plans, or lump sum to City) in order to allow Firm to update balances owing to City. c. To designate a party to sign appropriate affidavits or claims in order to support claims filed in Court. The Director of Finance is designated as the person authorized to sign all mowing certificates, releases or affidavits concerning any matter affecting the mowing, demolition, paving liens and/or assessments within his knowledge. d. To advise Firm of any prepaid court costs and/or expenses so that Firm may seek recovery of said prepayments. e. To advance necessary court cost, filing fees, and any publication fees (for notices of sale, etc.) relating to litigation. a. Existing Judgments. The collection of accounts where a judgment has already been entered would be compensated to the Firm at the rate of twenty percent (20 %) of any moneys received (20% commission), provided that the City would be reimbursed 100% for any prepaid litigation expenses (court costs, publication expenses etc.). However, the Firm recognizes that the City Attorney may have been awarded attorney fees as a part of the judgments obtained and the Firm is willing to accept an assignment of these attorney fees rather than receive a commission of collections. The Firm further agrees to treat such attorney fees awarded through the judgment as full satisfaction of any amounts owning and no additional fee income would be due once the Court ordered attorney fees has been paid. b. Pre Judgment Accounts. For collection of accounts where a judgment has not been entered, the fee is twenty percent (20 %) of any moneys received (20% commission). � ' , , This Contract shall commence on NOVEAME121, 2011 and continue in force and effect until OCTOBER 31, 2014 provided, however, that City shall have the right to terminate this agreement by giving the Firm thirty (30) days written notice of their desire and intention to terminate this agreement; and further provided that the Firm shall have an additional six (6) months to collect or reduce to judgment all tax suits and/or claims filed prior to the date this agreement becomes terminated. On Ocotober 31, 2014 this contract, and all of the terms and conditions, shall automatically renew for an additional two (2) year term unless terminated pursuant to this provision by the City in writing delivered to the Firm not less than 60 days prior to the expiration date of the intitial 3 year term. After the renewal this contract, and all of its terms and conditions, shall automatically renew and be effective on a month to month basis until terminated by the other parties hereunder. City and Firm acknowledge and agree that Firm shall have six (6) months to receive compensation on collections resulting from litigation or bankruptcy proceedings initiated prior to written notice of intent to terminate this contract; such six (6) month extension begins at the effective date of the termination of the contract. 0 5. RECITALS This contract is performable in Harris County, State of Texas, and in signing this contract, each of the signatories listed below warrant that they arc authorized to sign this contract on behalf of the respected parry to said contract. Every provision of this Agreement is intended to be severable. If any term or provision hereof is hereafter deemed by a Court to be illegal, invalid, void or unenforceable, for any reason or to any extent whatsoever, such illegality, invalidity, or unenforceability shall not affect the validity of the remainder of this Agreement, it being intended that such remaining provisions shall be construed in a manner most closely approximating the intention of the Parties with respect to the illegal, invalid, void or unenforceable provision or part thereof. This contract may be executed in duplicate originals, each of which shall be deemed valid. SIGNED the day of , 2011, pursuant to City Council approval on , 2011. ATTEST CITY CLERK APPROVED: CITY OF LA PORTE 604 West Fairmont Parkway LaPorte, Texas 77571 City Manager CITY ATTORNEY PERDUE, BRANDON, FIELDER, COLLINS & MOTT, L.L.P. Jason Baile SBN: 0079 253 1235 North Loop West, Suit 600 5 Houston, Texas 77008 (713) 862 -1860 (713) 862 -1429 Fax C ORDINANCE NO. 2011- AN ORDINANCE APPROVING AND AUTHORIZING AN AGREEMENT BETWEEN THE CITY OF LA PORTE AND PERDUE,BRANDON, FIELDER, COLLINS & MOTT, LLP, FOR CITY MOWING AND DEMOLITION LIEN COLLECTION SERVICES, MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE SUBJECT, FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW, AND PROVIDING AN EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. The City Council hereby approves and authorizes the contract, agreement, or other undertaking described in the title of this ordinance, a copy of which is on file in the office of the City Secretary. The City Manager is hereby authorized to execute such document and all related documents on behalf of the City of La Porte. The City Secretary is hereby authorized to attest to all such signatures and to affix the seal of the City to all such documents. Section 2. The City Council officially finds, determines, recites, and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City council was posted at a place convenient to the public at the City Hall of the City for the time required by law preceding this meeting, as required by the Open Meetings Law, Chapter 551, Texas Government Code; and that this meeting has been open to the public as required by law at all times during which this ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. Section 3. This Ordinance shall be effective from and after its passage and approval, and it is so ordered. PASSED AND APPROVED, this day of , 2011. By: ATTEST: Patrice Fogarty City Secretary APPROVED: f Clark T. Askins Assistant City Attorney CITY OF LA PORTE Louis R. Rigby, Mayor 2 REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested October 24, 2011 Requested By Patrice Fogarty Department: Cite Secretary Report: X Resolution: Ordinance: Exhibits: Quoted Pricing from Hart InterCivic, Inc. Appropriation Budgeted Item: Exhibits: Proprietary/Sole Source Letter from Hart InterC Inc. Exhibits: Hart Voting Svstem Master Agreement Exhibits: Warranty Support and License Agreement SUMMARY & RECOMMENDATION Due to the passage of SB 100, (which changed the primary runoff date to the fourth Tuesday in May in even numbered years), Harris County will still be using its equipment for early voting during the time period the City of La Porte needs equipment to conduct the May general election. Harris County does not have extra equipment for La Porte or many other governmental entities to which the County typically leases equipment. There are several options for cities, and the two most practical are to either move the May election date to November or keep the May date and purchase election equipment. At the August 8, 2011, council meeting, City Council chose to keep the May uniform election date and purchase election equipment for the City and other entities which may, from time to time, be in a joint election with the City. Funds were allocated in the 2012 Budget in order to purchase the equipment; and Council decided to purchase the same type of equipment La Porte has been leasing from Harris County for many years — the Hart Voting System, which is commonly referred to as the eSlate system. This system software and equipment is certified by the Texas Secretary of State for use in elections conducted in the State of Texas. Attached is the quoted pricing from Hart InterCivic, Inc., the only company that supplies the eSlate system, together with the proprietary /sole source letter from Hart InterCivic, Inc., regarding the Hart Voting System. This agenda item also requests authorization for the Mayor to sign a Master Agreement and a Warranty, Support and License Agreement on behalf of the City of La Porte regarding the purchase of the Hart Voting System election equipment. The City Attorney has reviewed said documents with no issues, questions, or requests for revision. Action Required by Council: Consider approval of the purchase of the Hart Voting System election equipment and authorize the Mayor to sign and enter into a Master Agreement and a Warranty, Support and License Agreement with Hart InterCivic on behalf of the City of La Porte. Approved for City Council A6enda Traci E. Leach, Assistant City Manager Date HART in terciv i c" Municipal Election Program - Price Quote Date October 4, 2011 Customer City of La Porte, Texas Additional Notes Election Event Date May 2012 item Description Quantity Unit Price Total Remarks 1 Municipal Election Base Services Package 1 $ 5,000.00 $ 5,000.00 • Ballot Programming (English /Spanish - up to 10 contests) • One on -site trip by Professional Services Team to include: * Logic & Accuracy Testing (on -site) * Poll Worker Training (on -site) • Phone Support for Early Voting • Onsite Support at main election office on Election Day • Perform final Tally and backup election data 2 eSlate, DAU, New 6 $ 3,960.00 $ 23,760.00 Disabled Access Unit (ADA HAVA - compliant) and booth 3 eSlate, New 9 $ 3,300.00 $ 29,700.00 Standard Voting Machine and booth 4 JBC, New 7 $ 3,300.00 $ 23,100.00 Judges Booth Controller (1 per Poll Location) 5 Annual License and Support Fees 1 $ 1,760.00 $ 1,760.00 Total License and Support costs for all hardware 6 Mobile Ballot Boxes (MBB) 39 $ 66.00 $ 2,574.00 Stores Cast Vote Records and used for Tally 7 MBB Storage Box - Medium 1 $ 97.90 $ 97.90 Holds up to 200 MBBs 8 Jelly Switches for DAU 3 $ 183.70 $ 551.10 Tactile input switches (ADA Compliant) for DAU machine 9 eSlate Storage Caddy III 2 $ 605.00 $ 1,210.00 Metal Rack - houses up to 8 eSlates /DAUs 10 Casters for Caddy III 2 $ 110.00 $ 220.00 Set of 4 11 JBC Storage and Transport Box 7 $ 55.00 $ 385.00 Reinforced, padded box for storage and stacking 12 Paper Ballots 150 $ 1.00 $ 150.00 Minimum 50 Ballots, includes ground transportation Subtotal I $ 88,508.00 Shipping and Handlingl $ 400.00 <----- - - - - -- Estimated Minimum Cost Total 1 $ 88,908.00 Billing Address and Phone Patrice Fogarty, City Secretary 604 West Fairmont Parkway La Porte, Texas 77571 281.470.5019 Billing Instructions Payment Terms are Net 30 Terms and Conditions: Prices are effective for 30 days from date of quote and subject to inventory availability. Shipping Address and Phone Patrice Fogarty, City Secretary 604 West Fairmont Parkway La Porte, Texas 77571 281.470.5019 Shipping Instructions Ground Transportation Hart Contact (Name): Brian McRae Title: Market Development Representative Hart Approval (signature): �YM `Pa� — Date: 10/4/2011 Customer Contact (Name): Title: Customer Approval (signature): Date: To activate your agreement, please sign and fax to 512.252.6921 or email bmcrae @hartic.com HART f R t e r c i v( c, September 20, 2011 Patrice Fogarty, TRMC, MMC City Secretary City of La Porte 604 W. Fairmont Parkway LaPorte, Texas 77571 Dear Ms. Fogarty, This letter is regarding Hart InterCivic's Hart Voting System (HVS) and its associated Hart software and Hart hardware. In the State of Texas the HVS and /or its individual components, software, and support may only be purchased or licensed from Hart InterCivic, Inc. The license to use the software may only be issued by Hart. Maintenance for the Hart software and Hart hardware is only provided by Hart. The Hart Voting System (HVS) hardware, software and utility applications, including the Hart card reader, are a proprietary group of products necessary for an authorized Hart customer to accomplish ballot creation, election management, tabulation and maintenance of the HVS equipment. The software and voting equipment will enable the customer to comply with the Help America Vote Act (HAVA) of 2002. The HVS software and equipment is certified by the Texas Secretary of State for use in elections conducted in the State of Texas. Hart InterCivic, Inc. is the only vendor in Texas capable of and authorized to provide support for Hart's HVS system and products under the HVS Warranty, Support, and License Agreement between Hart and a customer. If you have questions regarding any aspect of these Hart products and their authorized use, please do not hesitate to contact me. Regards, Phillip W. Braithwaite CEO Hart InterCivic, Inc. • PO Box 80649 • Austin, Tx 78708 -0649 • 800.223.HART • Fax 800.831.148 info'dhartic.com • www.hartintercivic.com R inter civic HART VOTING SYSTEM MASTER AGREEMENT (SIGNATURE PAGE) This Hart Voting System Master Agreement ( "Agreement ") is entered into by and between Hart InterCivic, Inc., a Texas corporation ( "Hart "), and County or City, ISD, Municipality, ESD, or other government entity ( "Client "), a governmental subdivision of the State of . This Agreement sets forth the terms under which Client will purchase from Hart the Hart Voting System ( "HVS "). Defined terms used in this Agreement will have the meanings specified in Section 9, Definitions or as otheiv6se set forth herein. The following Schedules and Exhibits are attached to this Agreement and made a part hereof: Schedule A Hardware and Pricing and /or Customer Signed Quote Schedule B Hart Proprietaiv Software Schedule C Non -Hart Software Exhibit A Hart Voting System Warranty, License, and Support Agreement Exhibit B Client's Request for Proposal 4 Exhibit C Hart's Proposal This Agreement is entered into as the result of negotiations between Client and Hart with respect to Client's Request for Proposal, a copy of which is attached as Exhibit B, and Hart's Proposal, a copy of which is attached as Exhibit C. Client's Request for Proposal and Hart's Proposal are incorporated herein by reference. If a conflict occurs between the terms of this Agreement (including the Schedules and Exhibit A), Client's Request for Proposal and Hart's Proposal, (a) the terms of this Agreement (including the Schedules and Exhibit A) will control over Client's Request for Proposal and Hart's Proposal and (b) the terms of Hart's Proposal will control over Client's Request for Proposal. Client acknowledges it has read and understands this Agreement (including all Schedules and Exhibits) and is entering into this Agreement only on the basis of the terms set forth in this Agreement. There are no oral agreements, representations, or warranties. The Effective Date of this Agreement is 2011. Agreed and Accepted: Client Name: Address: Primaiv Phone: Facsimile: E -mail: Executed Bv: Name: Title: Hart Hart InterCivic, Inc. 15500 Wells Port Drive Austin, Texas 78728 Attn.: Phillip W. Braithwaite CEO 800 -223 -4278 800 - 831 -1485 pbraithwaite:'crhartic. com Phillip W. Braithwaite CEO This Agreement is not effective until executed by both parties. Page 1 of 15 HVS Agreement— Revised 09 -2011 In consideration for the agreements set forth herein, the parties agree as follows: 1. Purchase of HVS Hardware and Equipment; License of Software: 1.1 Sale Hart agrees to sell and Client agrees to purchase the HVS Hardware, subject to the terms and conditions set forth in this Agreement. 1.2 Licenses and Sublicenses Simultaneously upon entering into this Agreement, Hart and Client will enter into the Hart Voting System Warranty, License, and Support Agreement ( "HVS License Agreement ") in the form of Exhibit A, the terms of which are incorporated herein by reference. The License Agreement sets forth additional terms applicable to Client's ownership and use of the HVS Hardware and license of Hart Proprietaiv Software, including warranty, support of software and hardware, license of software, and other terms. 1.3 Delivei v and Installation. Hart will cause the HVS Hardware with Software to be delivered to Client's premises on a date mutually agreed to by Hart and Client. A Hart representative may install the HVS Hardware containing the HVS Software at the Client's site on a mutually agreed upon date during Hart normal working hours, within ten (10) business days or as soon as is practicable for both Parties. Billing will occur on the date the HVS Hardware is shipped to the Client's site. If additional labor and rigging or Client - specified customization is required for installation due to Client's special site requirements, Client will pay those costs including costs to meet union or local law requirements. (a) Hart may provide onsite and offsite project management, operational training, and Election Day support for the first election in which the Equipment and Software are used. Project management may include equipment administration, ballot programming, and support for logic and accuracy testing. Training may include administrative staff training on HVS Software and Equipment, and training for polling place officials. Professional Service days cannot be exchanged for HVS or third party equipment, software, License & Support or Maintenance fees. If the Professional Services offered under the terms of this contract are not used prior to 60 days after the date of the Client's first election in which any portion of the Equipment and Software are used, the Professional Services shall expire. (b) Any additional training and/or professional services which may be identified and mutually agreed upon will be documented in a Service Order, including details regarding the type and location of the training and /or services and the cost for the additional training and /or services requested by the client. If agreed to and signed off in writing by Hart and Client, charges for the additional training and /or services will be invoiced to Client at Hart's then - current rates, plus travel, communication and other expenses. 1.4 Training and Documentation Hart will provide to Client one (1) electronic copy of the standard user -level documentation for the Software and standard operational training for the HVS System installed at the Client's location before the first election for which the Software will be used. Hart will provide Client operational training and on -site support at the first election in which the Equipment and Software are used. Charges for additional training or support services will be invoiced to Client at Hart's then - current hourly rates, plus travel, communication, and other expenses. Any additional training or support services will be mutually agreed to by Hart and Client and documented in an amendment to this Agreement. 1.5 User Documentation; Environmental Specifications Hart will provide to Client one (1) electronic copy of the applicable then - current user documentation and operator's manuals for the HVS Hardware and Software and, where applicable, environmental specifications for the Hardware. Client Page 2 of 15 HVS Agreement — Revised 09 -2011 shall not remove any trademark, copyright, or other proprietaiv or restrictive notices contained on any Hart user documentation, operator's manuals, and environmental specifications, and all copies will contain such notices as are on the original electronic media. 1.6 Support Support will be provided as set forth in the HVS License Agreement. 2. Charges; Payments: 2.1 Total Purchase Price The Total Purchase Price is set forth in Schedule A and includes the purchase price for the Hardware, the Initial Annual Fee under the HVS License Agreement, state and local taxes (if applicable), and deliveiv and installation charges. 2.2 Pavments Client shall pay Hart the Purchase Price according to the following schedule: 1. Hart Hardware and Extended Hardware Warranty (if any) as per Schedule A — Billed Upon Shipment. 2. 3r Party Hardware, HVS Software and I" Year License /Support Fees (if any) - Billed Upon Shipment. 3. Professional Services — Billed Upon one or more of the following: first Election in which the Professional Services are used; receipt of Final Services Acceptance or the end of the first calendar year after receipt of Hart or 3r Party Hardware or Software (but not later than sixty (60) days after the date of the Client's first election in which any portion of the Equipment and Software are used). All payments are to be made to Hart at its principal office in Austin, Texas, as set forth on the Signature Page or to such other location as may be designated by Hart in a notice to Client. 2.3 Late Charges If the Total Purchase Price is not paid in full within thirty (30) days after deliveiv of the Hardware and Software, Hart may charge Client interest on the unpaid balance until paid, at the lesser of (a) 1% per month or (b) the maximum rate allowed by law. 2.4 Additional Charges Additional charges may apply to services rendered outside contracted hours or beyond normal coverage at Client's request, e.g., travel expenses, and premium and minimum charges. There will be an additional charge at Hart's current technician's rate per hour for any technical work required as a result of other than Hart- recommended equipment purchased by the Client for use with the HVS. Any other additional charges must be mutually agreed to by Hart and Client and documented in an amendment to this Agreement. 2.5 Payment Disputes If any dispute exists between the parties concerning the amount due or due date of any payment, Client shall promptly pay the undisputed portion. Such payment will not constitute a waiver by Client or Hart of any of their respective legal rights and remedies against each other. 2.6 Taxes If Client is tax - exempt, Client will provide Hart with proof of its tax- exempt status. If Client is not tax- exempt, (a) Client will pay any tax Hart becomes obligated to pay in connection with this Agreement, exclusive of taxes based on the net income of Hart and (b) Client will pay all personal property and similar taxes assessed after shipment. If Client challenges the applicability of any such tax, Client shall pay the tax and may thereafter seek a refund. 2.7 Suspension of Performance If any payment due to Hart under this Agreement is past due more than thirty (30) days, Hart may suspend performance under this Agreement until all amounts due are current. Page 3 of 15 HVS Agreement — Revised 09 -2011 3. Client Responsibilities: 3.1 Independent Determination Client acknowledges it has independently determined that the Hart Voting System purchased under this Agreement meets its requirements. 3.2 Cooperation Client agrees to cooperate with Hart and promptly perform Client's responsibilities under this Agreement and the HVS License Agreement. 4. Title; Risk of Loss: 4.1 Hardware Subject to Section 43, title to Hardware will pass to Client upon deliver* of the Equipment to Client. Risk of loss of, or damage to, Hardware will pass to Client upon deliver* to Client. 4.2 Confidential and Proprietaiv Information Title to Hart's Confidential and Proprietary Information will remain in Hart. Title to Confidential and Proprietary Information of Hart's suppliers and licensors will remain in the relevant suppliers and licensors. 4.3 Proprietaiv Rights Client acknowledges and agrees that the design of the HVS, design of the HVS Hardware, Hart Proprietaiv Software, and any and all related patents, copyrights, trademarks, service marks, trade names, documents, logos, software, microcode, information, and material are the property of Hart. Client agrees that the sale of the HVS Hardware and license of Hart Proprietaiv Software and other accompanying items under this Agreement does not grant to or vest in Client any right, title, or interest in such proprietaiv property. All patents, trademarks, copyrights, trade secrets, and other intellectual property rights, whether now owned or acquired by Hart with respect to the HVS, HVS Hardware, and Hart Proprietaiv Software, are the sole and absolute property of Hart and no interest therein is being vested in Client by the execution of this Agreement or the sale of the HVS Hardware or license of the Hart Proprietaiv Software to Client. Client shall not, under any circumstances, cause or permit the adaptation, conversion, reverse engineering, disassembly, or de- compilation of any Software or Equipment. Client will have no authority or right to copy, reproduce, modifi-, sell, license, or otheitivise transfer any rights in any proprietaiv property of Hart. The provisions of this Section 43 will survive the termination or cancellation of this Agreement and the HVS License Agreement. 5. Warranty Terms: THE WARRANTY TERMS APPLICABLE TO THE HART VOTING SYSTEM ARE SET FORTH IN THE HART VOTING SYSTEM WARRANTY, LICENSE, AND SUPPORT AGREEMENT. EXCEPT FOR THE EXPRESS LIMITED WARRANTIES IN THE LICENSE AGREEMENT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, (A) THERE ARE NO WARRANTIES, EXPRESS OR IMPLIED, BY OPERATION OF LAW OR OTHERWISE UNDER THIS AGREEMENT AND THE LICENSE AGREEMENT, AND (B) HART DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, TITLE AND NONINFRINGEMENT FOR ALL HARDWARE, SOFTWARE, AND SERVICES. THE EXPRESS WARRANTIES EXTEND SOLELY TO CLIENT. SOME STATES (OR JURISDICTIONS) DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THE ABOVE LIMITATION MAY NOT APPLY TO CLIENT. 6. Limitation of Damages: Page 4 of 15 HVS Agreement — Revised 09 -2011 6.1 EXCLUSIVE REMEDY HART DOES NOT ACCEPT ANY LIABILITY FOR WARRANTIES BEYOND THE REMEDIES SET FORTH IN SECTION 1 OF THE LICENSE AGREEMENT. HART'S ENTIRE LIABILITY AND CLIENT'S EXCLUSIVE REMEDY FOR ANY CLAIM CONCERNING THIS AGREEMENT AND THE HARDWARE, SOFTWARE, AND SERVICES PROVIDED UNDER THIS AGREEMENT ARE SET FORTH IN THIS SECTION. 6.2 DISCLAIMER CLIENT IS RESPONSIBLE FOR ASSURING AND MAINTAINING THE BACKUP OF ALL CLIENT DATA. UNDER NO CIRCUMSTANCES WILL HART BE LIABLE TO CLIENT OR ANY THIRD PARTY FOR THE LOSS OF OR DAMAGE TO CLIENT DATA. 6.3 LIMITATION NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, HART, HART'S LICENSORS, AND ANY PARTY INVOLVED IN THE CREATION, MANUFACTURE, OR DISTRIBUTION OF THE HARDWARE AND SOFTWARE AND THE PERFORMANCE OF SERVICES UNDER THIS AGREEMENT WILL NOT BE LIABLE TO CLIENT FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS) OR FOR LOST DATA SUSTAINED OR INCURRED IN CONNECTION WITH THE HARDWARE, SOFTWARE, SERVICES, OR THIS AGREEMENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, REGARDLESS OF THE FORM OF ACTION AND WHETHER OR NOT SUCH DAMAGES ARE FORESEEABLE. IN ADDITION, HART'S TOTAL LIABILITY TO CLIENT FOR DIRECT DAMAGES ARISING OUT OF OR RELATING TO THE HARDWARE, SOFTWARE, SERVICES, AND THIS AGREEMENT WILL IN NO EVENT EXCEED THE TOTAL AMOUNT ACTUALLY PAID BY CLIENT TO HART UNDER THIS AGREEMENT. HART IS NOT LIABLE FOR DAMAGES CAUSED IN ANY PART BY CLIENT'S NEGLIGENCE OR INTENTIONAL ACTS OR FOR ANY CLAIM AGAINST CLIENT OR ANYONE ELSE BY ANY THIRD PARTY. SOME STATES (OR JURISDICTIONS) DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSION OR LIMITATION MAY NOT APPLY TO CLIENT. 6.4 Referrals Hart may* direct Client to third parties having products or services that may be of interest to Client for use in conjunction with the Hardware and Software. Notwithstanding any Hart recommendation, referral, or introduction, Client will independently* investigate and test non -Hart products and services and will have sole responsibility* for determining suitability* for use of non -Hart products and services. Hart has no liability* with respect to claims relating to or arising from use of non - Hart products and services, including, without limitation, claims arising from failure of non -Hart products to provide proper time and date functionality*. 7. Dispute Resolution: 7.1 Disputes and Demands The parties will attempt to resolve any claim or controversy* related to or arising out of this Agreement, whether in contract or in tort ( "Dispute "), on a confidential basis according to the following process, which either party* may start by delivering to the other party* a written notice describing the dispute and the amount involved ( "Demand "). 7.2 Negotiation and Mediation After receipt of a Demand, authorized representatives of the parties will meet at a mutually* agreed upon time and place to by to resolve the Dispute by negotiation. If the Dispute remains unresolved after this meeting, either party* may start mandator* nonbinding mediation under the commercial mediation rules of the American Arbitration Association ( "AAA ") or such other mediation process as is mutually* acceptable to the parties. Page 5 of 15 HVS Agreement — Revised 09 -2011 7.3 Injunctive Relief Notwithstanding the other provisions of this Section 7, if either party* seeks injunctive relief, such relief may be sought in a court of competent jurisdiction without complying with the negotiation and mediation provisions of this Section 7. 7.4 Time Limit Neither mediation under this section nor any legal action, regardless of its form, related to or arising out of this Agreement may be brought more than two (2) years after the cause of action first accrued. 8. General Provisions: 8.1 Entire Agreement This Agreement and the attachments, schedules, and exhibits hereto are the entire agreement and supersede all prior negotiations and oral agreements. Hart has made no representations or warranties with respect to this Agreement or the HVS and its components that are not included herein. This Agreement may not be amended or waived except in writing signed by an officer of the party* to be bound thereby*. 8.2 Preprinted Forms The use of preprinted forms, such as purchase orders or acknowledgments, in connection with this Agreement is for convenience only and all preprinted terms and conditions stated thereon are void and of no effect. If any conflict exists between this Agreement and any* terms and conditions on a purchase order, acknowledgment, or other preprinted form, the terms and conditions of this Agreement will govern and the conflicting terms and conditions in the preprinted form will be void and of no effect. The terms and conditions of this Agreement, including, but not limited to, this Section 8.2, cannot be amended, modified, or altered by any conflicting preprinted terms or conditions in a preprinted form. 8.3 Interpretation This Agreement will be construed according to its fair meaning and not for or against either party*. Headings are for reference purposes only and are not to be used in construing the Agreement. All words and phrases in this Agreement are to be construed to include the singular or plural number and the masculine, feminine, or neuter gender as the context requires. 8.4 GOVERNING LAW THIS AGREEMENT WILL BE GOVERNED BY THE LAWS OF THE STATE OF TEXAS, WITHOUT REGARD TO ITS CONFLICT OF LAW PROVISIONS, UNLESS CLIENT IS A GOVERNMENTAL SUBDIVISION OF ANOTHER STATE, IN WHICH CASE THE LAWS OF THE STATE IN WHICH CLIENT IS A GOVERNMENTAL SUBDIVISION WILL CONTROL. 8.5 Severabilitv Whenever possible, each provision of this Agreement will be interpreted to be effective and valid under applicable law; but if any provision is found to be invalid, illegal, or unenforceable, then such provision or portion thereof will be modified to the extent necessaiv to render it legal, valid, and enforceable and have the intent and economic effect as close as possible to the invalid, illegal, or unenforceable provision. If it is not possible to modifi- the provision to render it legal, valid, and enforceable, then the provision will be severed from the rest of the Agreement and ignored. The invalidity*, illegality*, or unenforceabilityT of any provision will not affect the validity*, legality*, or enforceability* of any other provision of this Agreement, which will remain valid and binding. 8.6 Delays Hart is not responsible for failure to fulfill its obligations when due to causes beyond its reasonable control, including the failure of third parties to timely* provide Software, Hardware, materials, or labor contemplated herein. Hart will notify* Client in writing of any such delay*, and the time for Hart's performance will be extended for a period corresponding to the delay*. Hart and Client will determine alternative procedures to minimize delays. Page 6 of 15 HVS Agreement — Revised 09 -2011 8.7 Force Majeure "Force Majeure" means a delay encountered by a party in the performance of its obligations under this Agreement that is caused by an event beyond the reasonable control of the party, but does not include any delays in the payment of monies due by either party. Without limiting the generality of the foregoing, "Force Majeure" will include, but is not restricted to, the following types of events: acts of God or public enemy; acts of governmental or regulator* authorities (other than, with respect to Client's performance, the Client, and its governing entities); fires, floods, epidemics, or serious accidents; unusually severe weather conditions; and strikes, lockouts, or other labor disputes. If any event constituting Force Majeure occurs, the affected party shall notify the other party in writing, disclosing the estimated length of the delay and the cause of the delay. If a Force Majeure occurs, the affected party will not be deemed to have violated its obligations under this Agreement, and time for performance of any obligations of that party will be extended by a period of time necessaiv to overcome the effects of the Force Majeure. 8.8 Compliance with Laws HVS Hardware and Software will meet the certification requirements in place on the effective date of the HVS Master Agreement. Client and Hart shall comply with all federal, state, and local laws in the performance of this Agreement, including those governing use of the Hardware and Software. Hardware and Software provided under this Agreement may be subject to U.S. and other government export control regulations. Client shall not export or re -export any Hardware or Software. 8.9 Assignments Hart may assign this Agreement or its interest in any Hardware or Software, or may assign the right to receive payments, without Client's consent. Any such assignment, however, will not change the obligations of Hart to Client that are outstanding at the time of assignment. Client will be notified in writing if Hart makes an assignment of this Agreement. Client shall not assign this Agreement without the express written consent of Hart, such consent not to be unreasonably withheld. In the event of any permitted assignment of this Agreement, the assignee shall assume the liabilities and responsibilities of the assignor, in writing. 8.10 Independent Contractors Client and Hart are independent contractors and are not agents or partners of each other. Hart's employees, agents, and subcontractors will not be entitled to any privileges or benefits of Client employment. Client's employees, agents, and contractors will not be entitled to any privileges or benefits of Hart employment. 8.11 Notices Any notice required or permitted to be given under this Agreement by one party to the other must be in writing and shall be given and deemed to have been given immediately if delivered in person to the address set forth on the Signature Page for the party to whom the notice is given, or on the fifth (5 "') business day following mailing if placed in the United States Mail, postage prepaid, by registered or certified mail with return receipt requested, addressed to the party at the party's address set forth on the Signature Page. Each party may change its address for notice by giving written notice of the change to the other party. 8.12 Trademarks eScanTM, eSlateJ, Judge's Booth ControllerTM, JBCTM, Disabled Access UnitTM, DAUTM, Mobile Ballot BoxTM, Ballot Origination Software SystemTM, BOSSTM, TallyTM RallyTM, FUSIONTM, and Ballot NowTM are trademarks of Hart. 9. Definitions: "Acceptance Testing" means testing in accordance with Hart's standard Acceptance Testing Procedure. Page 7 of 15 HVS Agreement — Revised 09 -2011 ` Agreement" has the meaning set forth in the Signature Page. "Annual Fee" means the combined annual license, sublicense, and support fees payable by Client to Hart under the HVS Warranty, License, and Support Agreement. "Client" has the meaning set forth in the Signature Page. "Confidential and Proprietary Information" means Software, firmware, diagnostics, documentation (including operating manuals, user documentation, and environmental specifications), designs and configurations of Hardware, Software, and firmware, trade secrets and related documentation, and any other information confidential to Hart or its suppliers or licensors. " DAU means the Disabled Access Unit (DAUTM) created by Hart as an add -on component to an eSlate R, that facilitates the performance of voting activities by disabled voters, for example, by providing an audio ballot presentation and/or accepting inputs from specialized switch mechanisms, such as head switches, breath switches, and panel switches that facilitate interaction with disabled voters, as needed. "Effective Date" has the meaning set forth in the Signature Page and indicates the date this Agreement becomes effective. "Equipment" means the HVS Hardware and Non -Hart Hardware listed on Schedule A. "eScanTM" means the eScanTM device created by Hart, consisting of a precinct digital ballot imaging device single -feed scanner that transports and scans both sides of a ballot simultaneously, and a base that provides for secure ballot storage and transport. "eMate,'V' means the eSlate:R created by Hart and consisting of hardware including an electronically configurable, network- capable voting station that permits a voter to cast votes by direct interaction, which voting station in its present configuration created by Hart comprises an electronically configurable liquid civstal display (LCD) panel for use in displaying ballot images, a rotaiv input device for use in ballot navigation, and various buttons that facilitate voter options for selecting ballot choices and casting a ballot. A. "eMate�R) Hardware" means the eSlateO�, JBCTM, and DAUTM in the quantities listed on Schedule "Firmware" means the Hart Proprietary Software embedded in eSlato( voting devices that allows execution of the software functions, but does not allow access to or modification of the software by an end user. "Force Majeure" has the meaning set forth in Section 8.7. "Hart" means Hart InterCivic, Inc., a Texas corporation. "Hart Proprietary ,Software" means the run -time executable code and associated support files of the Ballot Origination Software System (BOSSTM) Software, TallyTM Software, RallyTM Software, Ballot NowTM Software, computer code and software resident in the HVS Hardware, and other support software utilities as specified on Schedule B, consisting of computer programs and computer code owned by Hart that are licensed to Client pursuant to the Hart Voting System Warranty, License, and Support Agreement, and all updates, upgrades, versions, new releases, derivatives, revisions, corrections, Page 8 of 15 HVS Agreement — Revised 09 -2011 improvements, rewrites, bug fixes, enhancements, and other modifications, including any custom modifications, to such computer programs and code that are provided to Client, and all copies of the foregoing. Hart Proprietaiv Software also includes all documentation provided by Hart to Client with respect to these computer programs and code, and all copies of the foregoing (electronic and hard copy). "Hart Voting,System (HVS)" means the HVS Hardware and the Software. "Hart Voting ,System Warranty, License, and ,Support Agreement" means the Hart Voting System Warranty, License, and Support Agreement in the form of Exhibit A to be entered into by Hart and Client simultaneously upon entering into this Agreement. This Warranty covers only the HVS Hardware. Third -party equipment's warranty is passed through to the Customer. "Initial Annual Fee" means the first Annual Fee payable under the Hart Voting System Warranty, License, and Support Agreement, which is included in the Total Purchase Price. "Installation Date" means, with respect to the Hart Voting System, the date Hart completes installation of the HVS with included Software. "JBC'TM" means the Judge's Booth Controller (JBCTM) created by Hart that is a local area network controller capable of interacting with one or more eSlateJ devices or DAU devices by transmitting and receiving signals that manage or control an election, e.g., by opening and closing the polls, providing or recording an audit trail of system events during an election, storing cast ballot data, and applying data security and integrity algorithms. "Non -Hart Hardware" means the hardware listed on Schedule A that is not Hart's HVS Hardware. "Non -Hart ,Software" means the run -time executable code and associated support files of computer programs owned by third parties that are identified on Schedule C and sublicensed by Hart to Client pursuant to the Hart Voting System Warranty, License, and Support Agreement or licensed directly by the third -party licensor to Client, and all updates, upgrades, versions, new releases, derivatives, revisions, corrections, improvements, rewrites, bug fixes, enhancements, and other modifications to such computer programs and code that are provided to Client, and all copies of the foregoing. Non -Hart Software also includes all documentation provided to Client with respect to these computer programs, and all copies of the foregoing. ",Software" means the Hart Proprietaiv Software and Firmware and Non -Hart Software. ",sublicensed ,Software" means Non -Hart Software and Firmware that is identified on Schedule C as being sublicensed by Hart to Client pursuant to the Hart Voting System Warranty, License, and Support Agreement. "VBOTM" means the Verifiable Ballot Option unit used in conjunction with the eSlateJ for a Voter Verifiable Paper Audit Trail. "Total Purchase Price" is defined in Section 2.1. (The rest of this page is intentionally left blank.) Page 9 of 15 HVS Agreement — Revised 09 -2011 SCHEDULE A HARDWARE AND PRICING Note: This Schedule A specifically lists all hardware, software and services to be provided by Hart to the Customer under this Agreement. No other hardware, software, or services are included in this sale. Tactile input switches are not included with the Disabled Access Unit. Tactile switches must be purchased as a separate item. Wheels are not included with the eSlate R) Caddy. Wheels must be purchased as a separate item. There will be an additional charge at Hart's current technician's rate per hour for any technical work required as a result of other than Hart - recommended hardware purchased by the Client for use with the Hart Voting System. The HVS System will be compliant with all certification requirements currently in place at the time the HVS System is purchased (the "Effective Date "). Software and Firmware will be upgraded as required for those Client's up -to -date on their Annual Fees. Required HVS Hardware changes mandated by rules, certification, or statutory changes will be assessed by Hart, the Client will be notified of the costs for those changes, and the Client will be required to pay for those HVS Hardware changes if they choose to have the changes completed. Hart's training and project management obligations under this Agreement will end no later than sixty (60) days after the date of the Client's first election in which any portion of the Equipment and Software are used. (The rest of this page has been intentionally left blank.) Page 10 of 15 HVS Agreement — Revised 09 -2011 SCHEDULE B HART PROPRIETARY SOFTWARE (if applicable) QUANTITY MODEL DESCRIPTION UNIT PRICE NUMBER OF INITIAL LICENSES LICENSE FEE Licensed Location: NOTE: Hart and Client will update this Schedule as appropriate if Hart releases new Hart Proprietaiv Software that is made available to Client under the HVS Warranty, License, and Support Agreement. (The rest of this page has been intentionally left blank.) Page 11 of 15 HVS Agreement — Revised 09 -2011 SCHEDULE C NON -HART SOFTWARE (if applicable) Non -Hart Software Sublicensed to Client: QUANTITY MODEL DESCRIPTION UNIT PRICE NUMBER OF TOTAL PRICE LICENSES Four (4). Sybase Database Engine. No Charge. Four (4). No Charge. Embedded Runtime Program. Licensed Location: NOTE: Hart and Client will update this Schedule as appropriate if Hart provides new or different Non - Hart Sof vare to Client under the HVS Warranty, License, and Support Agreement. (The rest of this page has been intentionally left blank.) Page 12 of 15 HVS Agreement — Revised 09 -2011 EXHIBIT A Hart Voting System Warranty, License, and Support Agreement (See Attached Agreement) Page 13 of 15 HVS Agreement — Revised 09 -2011 EXHIBIT B Client's Request for Proposal (if applicable) (,See Attached Document Page 14 of 15 HVS Agreement — Revised 09 -2011 EXHIBIT C Hart's Proposal (if applicable) (See Attached Document) Page 15 of 15 HVS Agreement — Revised 09 -2011 R inter civic HART VOTING SYSTEM WARRANTY, SUPPORT AND LICENSE AGREEMENT (SIGNATURE PAGE) This Hart Voting System (HVS) Warranty, Support, and License Agreement ( "Agreement ") is entered into by and between Hart InterCivic, Inc., a Texas corporation ( "Hart "), and ( "Client "), a governmental subdivision of the State of This Agreement is entered into in connection with a Hart Voting System Master Agreement dated , 2011, between Hart and Client under which Client has purchased HVS Hardware. This Agreement sets forth terms between Hart and Client applicable to Client's ownership and use of the HVS Hardware and license from Hart of Hart Proprietaiv Software (including Firmware), including warranty, support, license, and other terms. Defined terms used in this Agreement will have the meanings specified in Section 13, Definitions or as otheiivise set forth herein. The following Schedules are attached to this Agreement and made a part hereof: Schedule A Support Contact Information Schedule B Hart Proprietaiv Software Schedule C Non -Hart Software Schedule D Initial Annual Fee Client acknowledges it has read and understands this Agreement (including all Schedules) and is entering into this Agreement only on the basis of the terms expressly set forth in this Agreement. There are no oral agreements, representations, or warranties. The Effective Date of this Agreement is 2011. Agreed and Accepted: Name: Address: Primaiv Phone: Facsimile: E -mail: Executed BV: Name: Title: Client Hart Hart InterCivic, Inc. 15500 Wells Port Drive Austin, Texas 78728 Attn.: Phillip W. Braithwaite CEO 800 -223 -4278 800 - 831 -1485 pbraithwaite:'crhartic. com Phillip W. Braithwaite CEO This Agreement is not effective until executed by both parties. Page 1 of 21 HVS License Agreement — Rev. 09 -2011 In consideration for the agreements set forth herein, the parties agree as follows: 1. WARRANTY TERMS 1.1 HVS Hardware Limited Warranty Hart warrants that during the warranty period the HVS Hardware purchased by Client will be free from defects in materials and workmanship and will substantially conform to the performance specifications stated in the Hart Voting System Operator's Manuals for the HVS Hardware applicable at the time of the installation of the Hardware. The new hardware warranty period is three (3) years, other than the new VBO unit(s) and /or new eScanTM unit(s), which is one (1) year, beginning ten (10) days after the shipping date of the new HVS Hardware. The used and/or refurbished hardware warranty period is ninety (90) days, beginning ten (10) days after the shipping date of the used and /or refurbished HVS Hardware. Hart will, at Hart's sole discretion, replace or repair any HVS Hardware that does not comply with this warranty, at no additional charge to Client. To request warranty service, Client must contact Hart in writing within the warranty period. Hart may elect to conduct any repairs at Client's site, Hart's facility, or any other location specified by Hart. Any replacement HVS Hardware provided to Client under this warranty may be new or reconditioned. Hart may use new and reconditioned parts in performing warranty repairs and building replacement products. If Hart repairs or replaces HVS Hardware, its warranty period is not extended and will terminate upon the end of the warranty period of the replaced or repaired HVS Hardware. Hart owns all replaced HVS Hardware and all parts removed from repaired products. Client acknowledges and agrees that this warranty is contingent upon and subject to Client's proper use of the Hart Voting System and the Exclusions from Warranty and Support Coverage set forth in Section 1.3. This warranty does not cover any HVS Hardware that has had the original identification marks and /or numbers removed or altered in any manner. The remedies set forth in this Section are the full extent of Client's remedies and Hart's obligations regarding this warranty. If the HVS Hardware is required to be reconfigured, modified, or othei changed after its sale to and installation at the Client's location due to the Client's or a local, state, or federal government certification change(s) or due to any statutoiv changes or new requirements, Hart will determine the feasibility and cost of the required changes and advise the Client of the total amount due for those HVS Hardware changes. Upon written approval to move foixvard with the changes and receipt from the Client of the stated fees, Hart will complete the required HVS Hardware changes to the Client's HVS Hardware. 1.2 Hart Proprietary Software Limited Warranty* Hart warrants that beginning ten (10) days after the shipping of the HVS Software and for rest of the term of this Agreement, the Hart Proprietary Software will perform substantially according to the then - current functional specifications described in the applicable software Operators' Manuals accompanying such Hart Proprietary Software. To request warranty service, Client must contact Hart in writing within the warranty period. Failure to conform to the warranty must be reported in writing and be accompanied with sufficient detail to enable Hart to reproduce the error and provide a remedy or suitable corrective action (a solution that will allow the software to function appropriately as certified). Hart will make commercially reasonable efforts to remedy or provide a suitable workaround for defects, errors, or malfunctions covered by this warranty that have a significant adverse affect upon operation of the Hart Proprietary Software. Because not all errors or defects can or need to be corrected, Hart does not warrant that all errors or defects will be corrected. Client acknowledges and agrees that this warranty is contingent upon and subject to Client's proper use of the Hart Voting System and the Exclusions from Warranty and Support Coverage set forth in Section 1.3. The remedies set forth in this Section 1.2 are the full extent of Client's remedies and Hart's obligations regarding this warranty. 1.3 Exclusions from Warranty and Support Coverage The warranties under this Section 1 and Software Support under Section 2 do not cover defects, errors, or malfunctions that are caused by Page 2 of 21 HVS License Agreement — Rev. 09 -2011 any external causes, including, but not limited to, any of the following: (a) Client's failure to follow operational, support, or storage instructions as set forth in applicable documentation; (b) the use of noncompatible media, supplies, parts, or components; (c) modification or alteration of the HVS, or its components, by Client or third parties not authorized by Hart; (d) use of equipment or software not supplied or authorized by Hart; (e) external factors (including, without limitation, power failure, surges or electrical damage, fire or water damage, air conditioning failure, humidity control failure, or corrosive atmosphere harmful to electronic circuitiv), (f) failure to maintain proper site specifications and environmental conditions; (g) negligence, accidents, abuse, neglect, misuse, or tampering, (h) improper or abnormal use or use under abnormal conditions; (i) use in a manner not authorized by this Agreement or use inconsistent with Hart's specifications and instructions; 0) use of software on Equipment that is not in good operating condition; (k) acts of Client, its agents, servants, employees, or any third party; (1) servicing or support not authorized by Hart; or (m) Force Majeure. Hart reserves the right to charge for repairs on a time -and- materials basis at Hart's then - prevailing rates, plus expenses, and for replacements at Hart's list prices caused by these exclusions from warranty and support coverage. 1.4 Non -Hart Equipment and Non -Hart Software Excluded HART MAKES NO REPRESENTATIONS OR WARRANTIES AS TO NON -HART EQUIPMENT AND NON -HART SOFTWARE, IF ANY, PROVIDED BY HART TO CLIENT, ALL OF WHICH IS SOLD, LICENSED, OR SUBLICENSED TO CLIENT "AS IS." HART HAS NO RESPONSIBILITY OR LIABILITY FOR NON -HART EQUIPMENT AND NON -HART SOFTWARE, IF ANY, PROVIDED BY HART'S DISTRIBUTORS OR OTHER THIRD PARTIES TO CLIENT. If Hart sells, licenses, or sublicenses any Non -Hart Equipment or Non -Hart Software to Client, Hart will pass through to Client, on a nonexclusive basis and without recourse to Hart, any third -party manufacturer's warranties covering the equipment or software, but only to the extent, if any, permitted by the third -party manufacturer. Client agrees to look solely to the warranties and remedies, if any, provided by the manufacturer or third -party licensor. 1.5 Disclaimer THE WARRANTIES IN THIS WARRANTY TERMS SECTION GIVE CLIENT SPECIFIC LEGAL RIGHTS, AND CLIENT MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE (OR JURISDICTION TO JURISDICTION). HART'S RESPONSIBILITY FOR MALFUNCTIONS AND DEFECTS IN HVS HARDWARE AND HART PROPRIETARY SOFTWARE IS LIMITED TO REPAIR AND REPLACEMENT AS SET FORTH IN THIS WARRANTY TERMS SECTION. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EXCEPT FOR THE EXPRESS LIMITED WARRANTIES IN SECTION 1 OF THIS AGREEMENT, (A) THERE ARE NO WARRANTIES, EXPRESS OR IMPLIED, BY OPERATION OF LAW OR OTHERWISE UNDER THIS AGREEMENT OR IN CONNECTION WITH THE SALE OF HVS HARDWARE AND LICENSE OF HART PROPRIETARY SOFTWARE, AND (B) HART DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, TITLE, AND NONINFRINGEMENT FOR ALL HARDWARE, SOFTWARE, AND SERVICES. THE EXPRESS WARRANTIES EXTEND SOLELY TO CLIENT. SOME STATES (OR JURISDICTIONS) DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THE ABOVE LIMITATION MAY NOT APPLY TO CLIENT. 2. SOFTWARE SUPPORT SERVICES 2.1 Description of Software Support Services Subject to the terms and conditions of this Agreement, Hart will provide Client the Software Support Services described below. Support Services under this Section 2 do not cover any of the exclusions from warranty and support coverage as described under Section 13. If Hart, in its discretion, provides Support Services in addition to the services Page 3 of 21 HVS License Agreement — Rev. 09 -2011 described under this Section 2, Client will pay Hart for such services on a time - and - materials basis at Hart's then - prevailing rates, plus expenses, and for replacements at Hart's list prices, unless otherwise agreed in writing by Hart and Client. 2.1.1 General Software Support General ,Software ,Support will consist of assisting the Client in the design and production of elections, including pre- election and post - election testing and general operation of the HVS. 2.1.2 Software Support Services Software Support Services will consist of periodic updates and any software "bug" corrections to Hart software. A software "bug" is any malfunction that prevents the Hart software from performing substantially as described in the then - current operator's manual for such software. Because not all errors or defects can or need to be corrected, Hart does not warrant that all errors or defects will be corrected. Hart reserves the right to determine whether any reported, claimed software malfunction is in fact a "bug." Software "bugs" must be reported in writing and be accompanied with sufficient detail to enable Hart staff to reproduce the error and provide a remedy or suitable corrective action. The exclusions from warranty coverage under Section 13 also are exclusions from Software Support Services under this Section 2.1.2. 2.1.3 Engineering Services In anv case where Hart software interfaces with a third party software system, including but not limited to, the Client's voter registration system, non -Hart election management system, early voting validation system, non -Hart election systems, absentee envelope management systems, or other like systems; Hart will not be responsible for proper operation of any Hart software that interfaces with the third party software should such third party software be upgraded, replaced, modified, or altered in any way. Hart will also not be responsible for the proper operation of any Hart software running on Client's computer equipment, should Client install a new computer operating system on said equipment without advising Hart of such changes and receiving Hart's written approval. Engineering services and associated costs may be required in those situations where the Client requests Hart's review and approval of any system changes outside the original system specifications at the time of the original acceptance date of this Agreement and the Hart Voting System Master Agreement. Hart will not be responsible for the proper operation of any Hart software that interfaces with third party software should such third party software be configured or operated in any manner contraiv than that described in a Statement of Work ( to be attached as a mutually agreed upon Schedule to this Agreement if engineering services are requested by the Client). 2.1.4 Client Suggestions and Recommendations Client may propose, suggest, or recommend changes to the Software at any time in writing to Hart. Such proposals, suggestions, or recommendations will become Hart's property. Hart may include any such proposals, suggestions, or recommendations, solely at Hart's option, in subsequent periodic Software updates, without restriction or obligation, and any implementation thereof shall become Hart's property. Hart is under no obligation to change, alter, or otherwise revise the Software according to Client's proposals, suggestions, or recommendations. 2.2 Software Support Services Contact Information Support contact information is set forth in Schedule A, Support Contact Information. 3. SOFTWARE LICENSES AND SUBLICENSES 3.1 Licenses and Sublicenses Subject to the terms and conditions of this Agreement and for so long as Client has a current Warranty, License and Support agreement in effect with Hart with respect Page 4 of 21 HVS License Agreement — Rev. 09 -2011 to the HVS Hardware and the HVS Software, Hart grants to Client a personal, nonexclusive, nontransferable, and limited license to use the Hart Proprietaiv Software and a personal, nonexclusive, nontransferable, and limited sublicense to use the Sublicensed Software. Hart will provide Client, and Client will be permitted to use, only the run -time executable code and associated support files of the Software for Client's internal data processing requirements as part of the HVS Voting System. The Software may be used only in the United States at the Licensed Location specified on Schedule B on the hardware or other computer systems authorized by Hart in writing. Client may temporarily transfer the Software to a backup computer system at an alternative location within Client's county of operation if the Equipment or other authorized computer system is inoperative or the Licensed Location is temporarily unavailable, provided Client must promptly give Hart written notice of such temporaiv transfer, including a description of the backup computer system and the alternative location. Client's use of the Software will be limited to the number of licenses specified in Schedules B and C. Only Client and its authorized employees, agents or contractors may use or access the Software. Voters are also authorized to interact with the Software, in a manner consistent with user instructions, for the sole purpose of producing a Cast Vote Record during the course of an election. Client agrees that Hart, the licensors of Sublicensed Software, and their representatives may periodically inspect, conduct, and/or direct an independent accounting firm to conduct an audit, at mutually agreed -upon times during normal business hours, of the computer site, computer systems, HVS Hardware, and appropriate records of Client to verify Client's compliance with the terms of the licenses and sublicenses granted to Client. 3.2 Deliver* and Installation Hart may deliver the Software at the Client's site on a mutually agreed -upon date during Hart's normal working hours. (a) Hart may provide onsite and offsite project management, operational training, and Election Day support for the first election in which the Equipment and Software are used unless otherwise specified in writing and mutually agreed upon by Hart and Client. Project management may include equipment administration, ballot programming, and support for logic and accuracy testing. Training may include administrative staff training on HVS Software and Equipment, and training for polling place officials. Professional Service days cannot be exchanged for HVS or third party equipment, software, License & Support or Maintenance fees. If the Professional Services offered under the terms of this contract are not used prior to 60 days after the date of the Client's first election in which any portion of the Equipment and Software are used, the Professional Services shall expire. (b) Any additional training and /or professional services which may be identified and mutually agreed upon will be documented in a Service Order, including details regarding the type and location of the training and /or services and the cost for the additional training and /or services requested by the client. If agreed to and signed off in writing by Hart and Client, charges for the additional training and /or services will be invoiced to Client at Hart's then - current rates, plus travel, communication and other expenses. 3.3 Training and Documentation Hart will provide standard user -level documentation in electronic form for the Software and standard operational training before the first election for which the Software will be used. Hart will provide Client operational training and on -site support at the first election in which the Hardware and Software are used unless otherwise specified in writing and mutually agreed upon by Hart and Client. Charges for additional training or support services will be invoiced to Client at Hart's then - current hourly rates, plus travel, communication, and other expenses. Any additional training or support services will be mutually agreed to by Hart and Client and documented in writing. Hart's training and documentation obligation under this HVS Agreement ends no later than sixty (60) days after the date of the Client's first election in which any portion of the Equipment and Page 5 of 21 HVS License Agreement — Rev. 09 -2011 Software are used. 3.4 Protection of Software (a) The HVS Hardware and Hart Proprietaiv Software are designed to be used only with each other and the agreed -upon Non -Hart Software and Non -Hart Equipment. To protect the integrity and security of the HVS, without the express written consent of Hart, (i) Client shall use the Software and Hardware only in connection with the HVS; (ii) Client shall not install or use other software on or with the Hardware or Software or network the Hardware or Software with anv other hardware, software, equipment, or computer systems; and (iii) Client shall not modifi- the Hardware or Software. If Client does not comply with any provisions of the preceding sentence, then (i) the Limited Warranties under Section 1 will automatically terminate; (ii) Hart may terminate its obligation to provide Support Services under Section 2; (iii) Hart will have no further installation obligations under Section 3.2 (Deliver* and Installation), and (iv) Hart will have no further obligations under Section 33 (Training and Documentation). Furthermore, if Client uses the Software and Hardware in combination with other software and equipment (other software or equipment being those not provided by Hart or its designees), and the combination infringes Hart proprietaiv patent claims outside the scope of the software license granted to Client under Section 3, Hart reserves its rights to enforce its patents with respect to those claims. (b) Client shall not, under any circumstances, cause or permit the adaptation, conversion, reverse engineering, disassembly, or decompilation of any Software. Client shall not use any Software for application development, modification, or customization purposes, except through Hart. (c) Client shall not assign, transfer, sublicense, time - share, or rent the Software or use it for facility management or as a service bureau. This restriction does not preclude or restrict Client from contracting for election services for other local governments located within Client's jurisdictional boundaries. Client shall not modifi-, copy, or duplicate the Software; provided, during the term of the Software licenses and sublicenses. All copies of the Software, in whole or in part, must contain all of Hart's or the third -party licensor's titles, trademarks, copyright notices, and other restrictive and proprietaiv notices and legends (including government - restricted rights) as they appear on the copies of the Software provided to Client. Client shall notifi- Hart of the following: (i) the location of all Software and all copies thereof and (ii) any circumstances known to Client regarding any unauthorized possession or use of the Software. (d) Upon termination of Client's license or sublicense of Software, Client shall immediately discontinue all use of the Software and return to Hart or destroy, at Hart's option, the Software (and all related documentation (electronic and hard copy) and Confidential and Proprietaiv Information) and all archival, backup, and other copies thereof, and provide certification to Hart of such return or destruction. (e) Client shall not publish any results of benchmark tests run on any Software. (f) Although the Hart Proprietaiv Software and Sublicensed Software are protected by copyright and /or patents, they may be unpublished, and constitute Confidential and Proprietaiv Information of Hart and the third -pair licensor, respectively. Client shall maintain the Software in confidence and comply with the terms of Section 6, Protection of Confidential and Proprietaiv Information, with respect to the Software. (g) This Section 3.4 will survive the termination or cancellation of this Agreement. Page 6 of 21 HVS License Agreement — Rev. 09 -2011 3.5 No Transfer of Title This Agreement does not transfer to Client title to any Software, intellectual property contained in any Software, or Confidential and Proprietaiv Information. Title to Hart Proprietaiv Software and all copies thereof, and all associated intellectual property rights therein, will remain in Hart. Title to Non -Hart Software and all copies thereof, and all associated intellectual property rights therein, will remain in the applicable third -party licensor. 3.6 Inherently Dangerous Applications The Software is not developed or licensed for use in any nuclear, aviation, mass transit, or medical application or in any other inherently dangerous applications. Client shall not use the Software in any inherently dangerous application and agrees that Hart and any third - party licensor will not be liable for any claims or damages arising from such use. 4. ANNUAL FEE 4.1 Amount of Annual Fee The Annual Fee is a combined licensing, sublicensing, and support fee. Client will pay Hart an Annual Fee upon execution of this Agreement and annually thereafter before each Anniversaiv Date. The amount of the Initial Annual Fee, payable upon execution of this Agreement, is the amount specified as the "Initial Annual Fee" on Schedule D, Initial Annual Fee. Subsequent Annual Fees are due annually before each Anniversaiv Date of this Agreement. Hart may adjust the amount of the Annual Fee payable on each Anniversaiv Date by notifiTing Client of any price changes with the invoice in which the adjustment is made. Unless adjusted by Hart, each Annual Fee will be the same as the immediately preceding Annual Fee. 4.2 Invoices Hart will invoice Client annually ninety (90) calendar days before the due date of the Annual Fee. 4.3 Pay- inents Client must pay each invoiced Annual Fee before the Anniversaiv Date immediately following the date of invoice. If Client elects not to or fails to timely pay an Annual Fee, this Agreement and the licenses, sublicenses, and software support services will automatically terminate on such Anniversaiv Date. All payments are to be made to Hart at its principal office in Austin, Texas, as set forth on the Signature Page or to such other location as may be designated by Hart in a notice to Client. 4.4 Additional Charges Additional charges may apply to services rendered outside contracted hours or beyond normal coverage at Client's request, e.g., travel expenses, and premium and minimum charges. There will be an additional charge at Hart's current technician's rate per hour for any technical work required as a result of other than Hart- recommended equipment purchased by the Client for use with the HVS. Any other additional charges must be mutually agreed to by Hart and Client and documented in an amendment to this Agreement. 4.5 Payment Disputes If any dispute exists between the parties concerning the amount due or due date of any payment, Client shall promptly pay the undisputed portion. Such payment will not constitute a waiver by Client or Hart of any of their respective legal rights and remedies against each other. 4.6 Taxes If Client is tax - exempt, Client will provide Hart with proof of its tax - exempt status. If Client is not tax - exempt, (a) Client will pay any tax Hart becomes obligated to pay in connection with this Agreement, exclusive of taxes based on the net income of Hart and (b) Client will pay all personal property and similar taxes assessed after shipment. If Client challenges the applicability of any such tax, Client shall pay the tax and may thereafter seek a refund. Client is responsible for all Page 7 of 21 HVS License Agreement — Rev. 09 -2011 applicable taxation. 4.7 Suspension of Performance If any payment due to Hart under this Agreement is past due more than thirty (30) days, Hart may suspend performance under this Agreement until all amounts due are current. 5. CLIENT RESPONSIBILITIES 5.1 Independent Determination Client acknowledges it has independently determined that the HVS meets its requirements. 5.2 Cooperation Client agrees to cooperate with Hart and promptly perform Client's responsibilities under this Agreement. Client will (a) provide adequate working and storage space for use by Hart personnel near Equipment; (b) provide Hart full access to the Equipment and Software and sufficient computer time, subject to Client's security rules; (c) follow Hart's procedures for placing hardware warranty or software support service requests and determining if warranty remedial service is required; (d) follow Hart's instructions for obtaining hardware and software support and warranty services; (e) provide a memoiv dump and additional data in machine - readable form if requested; (f) reproduce suspected errors or malfunctions in Software; (g) provide timely access to key Client personnel and timely respond to Hart's questions; and (h) otherwise cooperate with Hart in its performance under this Agreement. 5.3 Site Preparation Client shall prepare and maintain the installation site in accordance with instructions provided by Hart. Client is responsible for environmental requirements, electrical interconnections, and modifications to facilities for proper installation, in accordance with Hart's specifications. Any delays in preparation of the installation site will correspondingly extend Hart's deliveiv and installation deadlines. 5.4 Site Maintenance; Proper Storage Client shall maintain the appropriate operating environment, in accordance with Hart's specifications, for the Equipment and Software and all communications equipment, telephone lines, electric lines, cabling, modems, air conditioning, and all other equipment and utilities necessaiv for the Equipment and Software to operate properly. Client shall properly store the Equipment and Software when not in use. 5.5 Use. Client is exclusively responsible for supervising, managing, and controlling its use of the HVS, including, but not limited to, establishing operating procedures and audit controls, supervising its employees, making daily backups, inputting data, ensuring the accuracy and security of data input and data output, monitoring the accuracy of information obtained, and managing the use of information and data obtained. Client will ensure that its personnel are, at all times, educated and trained in the proper use and operation of the HVS and that the Equipment and Software are used in accordance with applicable manuals, instructions, and specifications. Client shall comply with all applicable laws, rules, and regulations with respect to its use of the HVS. 5.6 Backups Client will maintain backup data necessaiv to replace critical Client data in the event of loss or damage to data from any cause. 6. PROTECTION OF CONFIDENTIAL AND PROPRIETARY INFORMATION Page 8 of 21 HVS License Agreement — Rev. 09 -2011 6.1 Confidentialitv Client will keep in confidence and protect Confidential and Proprietary Information (electronic or hard copy*) from disclosure to third parties and restrict its use to uses expressly permitted under this Agreement. Client shall take all reasonable steps to ensure that the trade secrets and proprietaiv data contained in the Hardware and Software and the other Confidential and Proprietary Information are not disclosed, copied, duplicated, misappropriated, or used in any manner not expressly permitted by the terms of this Agreement. Client shall keep the Software and all tapes, diskettes, CDs, and other physical embodiments of them, and all copies thereof, at a secure location and limit access to those employees who must have access to enable Client to use the Software. Client acknowledges that unauthorized disclosure of Confidential and Proprietary Information may* cause substantial economic loss to Hart or its suppliers and licensors. Each permitted copy* of Confidential and Proprietary Information, including its storage media, will be marked by Client to include all notices that appear on the original. Title, copyright, and all other proprietaiv rights in and to the Software at all times remains vested exclusively in Hart or, as applicable, third - party* licensors. 6.2 Return of Confidential and Proprietary Information Upon termination or cancellation of this Agreement or, if earlier, upon termination of Client's permitted access to or possession of Confidential and Proprietary Information, Client shall return to Hart all copies of the Confidential and Proprietary Information in Client's possession (including Confidential and Proprietary Information incorporated in sofrivare or writings, electronic and hard copies). 6.3 Intellectual Properties All ideas, concepts, know -how, data processing techniques, documentation, diagrams, schematics, firmware, equipment architecture, software, improvements, bug fixes, upgrades, and trade secrets developed by Hart personnel (alone or jointly with others, including Client) in connection with Confidential and Proprietary Information, HVS R Hardware, and Hart Proprietary Sofrivare will be the exclusive property of Hart. 6.4 Support Materials Client acknowledges that all support materials related to the HVS are the property of Hart and include Confidential and Proprietary Information of Hart. Client agrees that it will not permit anyone other than Hart installation and support personnel and authorized County employees, agents and contractors to use such materials. 6.5 Client Employees, Agents and Contractors Client will inform its employees and other agents and contractors of their obligations under this Section 6 and shall be fully responsible for any breach thereof by such personnel. 6.6 License Back If Client possesses or comes to possess a licensable or sublicensable interest in any issued patent with claims that read upon the HVS, its method of operation, or any component thereof, Client hereby grants and promises to grant a perpetual, irrevocable, royalty -free, paid -up license, with right to sublicense, of such interest to Hart permitting Hart to make, have made, use, and sell materials or services within the scope of the patent claims. 6.7 Survival This Section 6 will survive termination or cancellation of this Agreement. 7. TITLE; RISK OF LOSS 7.1 Software (a) Hart Proprietary ,Software: Title to Hart Proprietary Sofrivare, all copies thereof, and all associated intellectual proprietaiv rights therein will remain in Hart including, but not Page 9 of 21 HVS License Agreement — Rev. 09 -2011 limited to, all patents, copyrights, trade secrets, trademarks, and other proprietaiv rights. (b) Non -Hart ,Software: Title to Non -Hart Software, all copies thereof, and all associated intellectual proprietaiv rights therein will remain in the applicable third -party* licensor including, but not limited to, all patents, copyrights, trade secrets, trademarks, and other proprietaiv rights. (c) Risk of Loss: Risk of loss to Software will pass to Client upon deliver*. 7.2 Confidential and Proprietary Information Title to Hart's Confidential and Proprietary Information will remain in Hart. Title to Confidential and Proprietary Information of Hart's suppliers and licensors will remain in the relevant suppliers and licensors. 7.3 Proprietary Rights Client acknowledges and agrees that the design of the Hart Voting System, design of the HVS Hardware, Hart Proprietary Software, and any and all related patents, copyrights, trademarks, service marks, trade names, documents, logos, software, microcode, information, and material, are the property* of Hart. Client agrees that the sale of HVS Hardware and license of Hart Proprietary Software to Client does not grant to or vest in Client any right, title, or interest in such proprietaiv property*. All patents, trademarks, copyrights, trade secrets, and other intellectual property* rights, whether now owned or acquired by Hart with respect to the HVS, HVS Hardware, and Hart Proprietary Software, are the sole and absolute property* of Hart and no interest therein is being vested in Client by the execution of this Agreement or the sale of the HVS Hardware or license of the Hart Proprietary Software to Client. Client shall not, under any circumstances, cause or permit the adaptation, conversion, reverse engineering, disassembly*, or decompilation of any Software or Hardware. Client will have no authority* or right to copy*, reproduce, modifi-, sell, license, or othei transfer any rights in any proprietaiv property* of Hart. The provisions of this Section 73 will survive the termination or cancellation of this Agreement. 8. TERM OF AGREEMENT; TERMINATION 8.1 Term The initial term of this Agreement and the licenses granted herein is one (1) year commencing on the Effective Date and expiring on the first Anniversaiv Date. 8.2 Renewal Terms Except as othei provided in this Agreement, Client may* renew this Agreement before its expiration or termination by paying the Annual Fee invoiced by Hart, as provided in Section 4.2, before the Anniversaiv Date immediately* following the date of invoice, as provided in Section 43. Each renewal term will be a one -year (1 -year) term, commencing on the expiration of the prior term and expiring on the immediately* following Anniversaiv Date. 8.3 Defaults The following events will be deemed to be defaults: (a) A party* committing a material breach of any* term of this Agreement or the HVS Agreement if such breach has not been cured within thirty* (30) days after written notice of such breach has been given by the nondefaulting party* to the defaulting party*; (b) A party* filing bankruptcy, becoming insolvent, or having its business placed in the hands of a receiver, assignee, or trustee, whether by voluntaiv act or otherwise; or (c) A party* failing to comply* in any material respect with any federal, state, or local Page 10 of 21 HVS License Agreement — Rev. 09 -2011 laws applicable to a party's performance under this Agreement or the HVS Master Agreement. 8.4 Termination (a) This Agreement will automatically terminate at the end of its then - current term if Client has elected not to or has failed to timely make full payment to Hart of the invoiced Annual Fee required to renew the term, as provided in Sections 43 and 8.2. (b) Hart may terminate Software Support Services under Section 2 on thirty (30) days prior written notice to Client if Hart determines that any alterations, attachments, or modifications not made by Hart or the failure to install a software or hardware release will interfere with the provision of support. (c) A party may terminate this Agreement before expiration of its term for default by the other party. If default occurs, the parties will have all remedies provided in this Agreement and other vise available by statute, law, or equity. 8.5 Survival Section 1.1 will survive the termination or expiration of this Agreement until the end of the warranty period stated therein. Sections 3.4(b), 3.4(c), 3.4(d), 3.4(e), 3.4(f), 6, 73, 8.5, 9, 11, and 12 will survive the termination or expiration of this Agreement. Section 3.1 shall survive for so long as Client has a current Warranty, License, and Support agreement in effect with Hart with respect to the HVS Hardware and the HVS Software. Notwithstanding any language to the contraiv in this Agreement or another agreement, all licenses to the Software shall terminate when Client ceases to have a current Warranty, License, and Support agreement in effect with Hart with respect to the HVS Hardware and the HVS Software. 9. LIMITATION OF DAMAGES 9.1 EXCLUSIVE REMEDY HART DOES NOT ACCEPT ANY LIABILITY FOR WARRANTIES BEYOND THE REMEDIES SET FORTH IN SECTION 1. HART'S ENTIRE LIABILITY AND CLIENT'S EXCLUSIVE REMEDY FOR ANY AND ALL CLAIMS CONCERNING THE HVS HARDWARE PROVIDED TO CLIENT BY HART OR ITS DISTRIBUTORS, THIS AGREEMENT, AND SOFTWARE AND SERVICES PROVIDED UNDER THIS AGREEMENT ARE SET FORTH IN THIS SECTION. 9.2 DISCLAIMER CLIENT IS RESPONSIBLE FOR ASSURING AND MAINTAINING THE BACKUP OF ALL CLIENT DATA. UNDER NO CIRCUMSTANCES WILL HART BE LIABLE TO CLIENT OR ANY THIRD PARTY FOR THE LOSS OF OR DAMAGE TO CLIENT DATA. 9.3 LIMITATION NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, HART, HART'S LICENSORS, AND ANY PARTY INVOLVED IN THE CREATION, MANUFACTURE, OR DISTRIBUTION OF THE HARDWARE, SOFTWARE, AND PERFORMANCE OF SERVICES UNDER THIS AGREEMENT WILL NOT BE LIABLE TO CLIENT FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS) OR FOR LOST DATA SUSTAINED OR INCURRED IN CONNECTION WITH THE HARDWARE, SOFTWARE, SERVICES, OR THIS AGREEMENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, REGARDLESS OF THE FORM OF ACTION AND WHETHER OR NOT SUCH Page 11 of 21 HVS License Agreement — Rev. 09 -2011 DAMAGES ARE FORESEEABLE. IN ADDITION, HART'S TOTAL LIABILITY TO CLIENT FOR DIRECT DAMAGES ARISING OUT OF OR RELATING TO THE HARDWARE, SOFTWARE, SERVICES, AND THIS AGREEMENT WILL IN NO EVENT EXCEED THE TOTAL AMOUNT ACTUALLY PAID BY CLIENT TO HART UNDER THIS AGREEMENT. HART IS NOT LIABLE FOR DAMAGES CAUSED IN ANY PART BY CLIENT'S NEGLIGENCE OR INTENTIONAL ACTS OR FOR ANY CLAIM AGAINST CLIENT OR ANYONE ELSE BY ANY THIRD PARTY. SOME STATES (OR JURISDICTIONS) DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSION OR LIMITATION MAY NOT APPLY TO CLIENT. 9.4 Referrals Hart may direct Client to third parties having products or services that may be of interest to Client for use in conjunction with the Equipment and Software. Notwithstanding any Hart recommendation, referral, or introduction, Client will independently investigate and test non -Hart products and services and will have sole responsibility for determining suitability for use of non -Hart products and services. Hart has no liability with respect to claims relating to or arising from use of non - Hart products and services, including, without limitation, claims arising from failure of non -Hart products to provide proper time and date functionality. 10. INFRINGEMENT INDEMNITY 10.1 Indemnitv Hart, at its own expense, will defend and indemnifi- Client against claims that the HVS Hardware or Hart Proprietaiv Software infringe a United States patent, copyright, or misappropriate trade secrets protected under United States law, provided Client (a) gives Hart prompt written notice of such claims, (b) permits Hart to control the defense and settlement of the claims, and (c) provides all reasonable assistance to Hart in defending or settling the claims. 10.2 Remedies As to HVS Hardware or Hart Proprietaiv Software that is subject to a claim of infringement or misappropriation, Hart may (a) obtain the right of continued use of the HVS Hardware or Hart Proprietaiv Software for Client or (b) replace or modifi- the HVS Hardware or Hart Proprietaiv Software to avoid the claim. If neither alternative is available on commercially reasonable terms, then, at the request of Hart, any applicable Software license and its charges will end, Client will cease using the applicable HVS Hardware and Hart Proprietaiv Software, Client will return to Hart all applicable HVS Hardware and return or destroy all copies of the applicable Hart Proprietaiv Software, and Client will certify in writing to Hart that such return or destruction has been completed. Upon return or Hart's receipt of certification of destruction, Hart will give Client a credit for the price paid to Hart for the returned or destroyed HVS Hardware and Hart Proprietaiv Software, less a reasonable offset for use and obsolescence. 10.3 Exclusions Hart will not defend or indemnifi- Client if any claim of infringement or misappropriation (a) is asserted by an affiliate of Client; (b) results from Client's design or alteration of any HVS Hardware or Hart Proprietaiv Software; (c) results from use of any HVS Hardware or Hart Proprietaiv Software in combination with any non -Hart product, except to the extent, if any, that such use in combination is restricted to the HVS designed by Hart, (d) relates to Non -Hart Software or Non -Hart Equipment alone, or (e) arises from Client - specified customization work undertaken by Hart or its designees in response to changes in Hart Proprietaiv Software or Non -Hart Software that are made in response to Client specifications. 10.4 EXCLUSIVE REMEDIES THIS SECTION 10 STATES THE ENTIRE LIABILITY Page 12 of 21 HVS License Agreement — Rev. 09 -2011 OF HART AND CLIENT'S SOLE AND EXCLUSIVE REMEDIES FOR INFRINGEMENT AND TRADE SECRET MISAPPROPRIATION. 11. DISPUTE RESOLUTION 11.1 Disputes and Demands The parties will attempt to resolve any claim or controversy* related to or arising out of this Agreement, whether in contract or in tort ( "Dispute "), on a confidential basis according to the following process, which either party* may start by delivering to the other party* a written notice describing the dispute and the amount involved ( "Demand "). 11.2 Negotiation and Mediation After receipt of a Demand, authorized representatives of the parties will meet at a mutually* agreed -upon time and place to h y to resolve the Dispute by negotiation. If the Dispute remains unresolved after this meeting, either party* may start mandator* nonbinding mediation under the commercial mediation rules of the American Arbitration Association ( "AAA ") or such other mediation process as is mutually* acceptable to the parties. 11.3 Injunctive Relief Notwithstanding the other provisions of this Section 11, if either party* seeks injunctive relief, such relief may be sought in a court of competent jurisdiction without complying with the negotiation and mediation provisions of this Section 11. 11.4 Time Limit Neither mediation under this section nor any legal action, regardless of its form, related to or arising out of this Agreement may be brought more than two (2) years after the cause of action first accrued. 12. GENERAL PROVISIONS 12.1 Entire Agreement This Agreement and the attachments, schedules, and exhibits hereto are the entire agreement and supersede all prior negotiations and oral agreements. Hart has made no representations or warranties with respect to this Agreement or the HVS and its components that are not included herein. Client acknowledges and agrees that Hart has no responsibility* or liability* under the HVS Master Agreement except to the extent, if any*, that Hart is a party* to the HVS Master Agreement. This Agreement may not be amended or waived except in writing signed by an officer of the party* to be bound thereby. 12.2 Preprinted Forms The use of preprinted forms, such as purchase orders or acknowledgments, in connection with this Agreement is for convenience only and all preprinted terms and conditions stated thereon are void and of no effect. If any* conflict exists between this Agreement and any* terms and conditions on a purchase order, acknowledgment, or other preprinted form, the terms and conditions of this Agreement will govern and the conflicting terms and conditions in the preprinted form will be void and of no effect. The terms and conditions of this Agreement, including, but not limited to, this Section 12.2, cannot be amended, modified, or altered by any conflicting preprinted terms or conditions in a preprinted form. 12.3 Interpretation This Agreement will be construed according to its fair meaning and not for or against either party*. Headings are for reference purposes only and are not to be used in construing the Agreement. All words and phrases in this Agreement are to be construed to include the singular or plural number and the masculine, feminine, or neuter gender as the context requires. 12.4 GOVERNING LAW THIS AGREEMENT WILL BE GOVERNED BY THE LAWS Page 13 of 21 HVS License Agreement — Rev. 09 -2011 OF THE STATE OF TEXAS, WITHOUT REGARD TO ITS CONFLICT OF LAWS PROVISIONS, UNLESS CLIENT IS A GOVERNMENTAL SUBDIVISION OF ANOTHER STATE, IN WHICH CASE THE LAWS OF THE STATE IN WHICH CLIENT IS A GOVERNMENTAL SUBDIVISION WILL CONTROL. 12.5 Severability Whenever possible, each provision of this Agreement will be interpreted to be effective and valid under applicable law; but if any provision is found to be invalid, illegal, or unenforceable, then such provision or portion thereof will be modified to the extent necessaiv to render it legal, valid, and enforceable and have the intent and economic effect as close as possible to the invalid, illegal, or unenforceable provision. If it is not possible to modifi- the provision to render it legal, valid, and enforceable, then the provision will be severed from the rest of the Agreement and ignored. The invalidity, illegality, or unenforceability of any provision will not affect the validity, legality, or enforceability of any other provision of this Agreement, which will remain valid and binding. 12.6 Delays Hart is not responsible for failure to fulfill its obligations when due to causes beyond its reasonable control, including the failure of third parties to timely provide Software, Equipment, materials, or labor contemplated herein. Hart will notify Client in writing of any such delay, and the time for Hart's performance will be extended for a period corresponding to the delay. Hart and Client will determine alternative procedures to minimize delays. 12.7 Force Majeure "Force Majeure" means a delay encountered by a party in the performance of its obligations under this Agreement that is caused by an event beyond the reasonable control of the party, but does not include any delays in the payment of monies due by either party. Without limiting the generality of the foregoing, "Force Majeure" will include, but is not restricted to, the following types of events: acts of God or public enemy; acts of governmental or regulatonv authorities (other than, with respect to Client's performance, the Client, and its governing entities); fires, floods, epidemics, or serious accidents; unusually severe weather conditions; and strikes, lockouts, or other labor disputes. If any event constituting Force Majeure occurs, the affected party shall notifi- the other party in writing, disclosing the estimated length of the delay and the cause of the delay. If a Force Majeure occurs, the affected party will not be deemed to have violated its obligations under this Agreement, and time for performance of any obligations of that party will be extended by a period of time necessaiv to overcome the effects of the Force Majeure. 12.8 Compliance with Laws HVS Hardware and Software will meet the certification requirements in place on the effective date of the HVS Master Agreement. Client and Hart shall comply with all federal, state, and local laws in the performance of this Agreement, including those governing use of the Hardware and Software. Hardware and Software provided under this Agreement may be subject to U.S. and other government export control regulations. Client shall not export or re -export any Hardware or Software. 12.9 Assignments Hart may assign this Agreement or its interest in any Hardware or Software, or may assign the right to receive payments, without Client's consent. Any such assignment, however, will not change the obligations of Hart to Client that are outstanding at the time of assignment. Client will be notified in writing if Hart makes an assignment of this Agreement. Client shall not assign this HVS Agreement without the express written consent of Hart, such consent not to be unreasonably withheld. In the event of any permitted assignment of this Agreement, the assignee shall assume the liabilities and responsibilities of the assignor, in writing. 12.10 Independent Contractors Client and Hart are independent contractors and are not agents Page 14 of 21 HVS License Agreement — Rev. 09 -2011 or partners of each other. Hart's employees, agents, and subcontractors will not be entitled to any privileges or benefits of Client employment. Client's employees, agents, and contractors will not be entitled to any privileges or benefits of Hart employment. 12.11 Notices Any notice required or permitted to be given under this Agreement by one party to the other must be in writing and shall be given and deemed to have been given immediately if delivered in person to the address set forth on the Signature Page for the party to whom the notice is given, or on the fifth business day following mailing if placed in the United States Mail, postage prepaid, by registered or certified mail with return receipt requested, addressed to the party at their address set forth on the Signature Page. Each party may change its address for notice by giving written notice of the change to the other party. 12.12 Trademarks eScanTM, eSlateJ, Judge's Booth ControllerTM, JBCTM, Disabled Access UnitTM, DAUTM, Mobile Ballot Box Ballot Origination Software SystemTM, BOSSTM, TallyTM RallyTM, FUSIONTM, and Ballot NowTM are trademarks of Hart. 13. DEFINITIONS Agreement" has the meaning set forth on the Signature Page. Anniversary Date" means each anniversaiv of the Effective Date. "Annual Fee" means the combined annual license, sublicense, and support fees payable by Client to Hart as described in Section 4. "Client" has the meaning set forth on the Signature Page. "Confidential and Proprietary Information" means Software, firmware, diagnostics, documentation (including operating manuals, user documentation, and environmental specifications), designs and configurations of Equipment, Software and firmware, trade secrets and related documentation, and any other information confidential to Hart or its suppliers or licensors. " DAUTM" means the Disabled Access Unit (DAUTM) created by Hart as an add -on component to an eSlate x> that facilitates the performance of voting activities by disabled voters, for example, by providing an audio ballot presentation and/or accepting inputs from specialized switch mechanisms, such as head switches, breath switches, and panel switches that facilitate interaction with disabled voters, as needed. "Effective Date" has the meaning set forth in the Signature Page and indicates the date this Agreement becomes effective. "Equipment" means the HVS Hardware and Non -Hart Equipment. "eScanTM" means the eScan device created by Hart, consisting of a precinct digital ballot imaging device single -feed scanner that transports and scans both sides of a ballot simultaneously, and a base that provides for secure ballot storage and transport. "e,Slate.V' means the eSlate:R created by Hart and consisting of hardware including an electronically configurable, network- capable voting station that permits a voter to cast votes by direct Page 15 of 21 HVS License Agreement — Rev. 09 -2011 interaction, which voting station in its present configuration created by Hart comprises an electronically configurable liquid civstal display (LCD) panel for use in displaying ballot images, a rotaiv input device for use in ballot navigation, and various buttons that facilitate voter options for selecting ballot choices and casting a ballot. "Firmware" means the Hart Proprietary Software embedded in eSlate voting devices that allows execution of the software functions, but does not allow access to or modification of the software by an end user. "Force Majeure" has the meaning set forth in Section 12.7. "Hart" means Hart InterCivic, Inc., a Texas corporation. "Hart Proprietary ,Software" means the run -time executable code and associated support files of the Ballot Origination Software System (BOSSTM) Software, TallyTM Software, RallyTM Software, Ballot NowTM Software, computer code, and software resident in the HVS Hardware and other support software utilities as specified on Schedule B, consisting of computer programs and computer code owned by Hart that are licensed to Client pursuant to this Agreement, and all updates, upgrades, versions, new releases, derivatives, revisions, corrections, improvements, rewrites, bug fixes, enhancements, and other modifications, including any custom modifications, to such computer programs and code that are provided to Client, and all copies of the foregoing. Hart Proprietary Software also includes all documentation provided by Hart to Client with respect to these computer programs and code and all copies of the foregoing. "Hart Voting ,System (HVS) " means the HVS Hardware and the Software. "Hart Voting ,System Master Agreement" means the agreement, between Client and Hart or Hart's authorized distributor of HVS Hardware, under which Client has purchased the HVS Hardware and limited HVS Software licenses. The HVS Master Agreement is identified on the Signature Page. "HVS" means the Hart Voting System. ­HVS Hardware" means the eSlate® units, JBCTM units, and DAUTM units purchased by Client pursuant to the Hart Voting System Master Agreement and any other associated written agreements. "Initial Annual Fee" means the first Annual Fee, in the amount specified as the "Initial Annual Fee" on Schedule D, which is payable upon execution of this Agreement. "Installation Date" means, with respect to the Hart Voting System, the date Hart completes installation of the HVS with included Software. "JBC'TM" means the Judge's Booth Controller (JBCTM) created by Hart that is a local area network controller capable of interacting with one or more eSlate R devices or DAU devices by transmitting and receiving signals that manage or control an election, e.g., by opening and closing the polls, providing or recording an audit trail of system events during an election, storing cast ballot data, and applying data security and integrity algorithms. "Non -Hart Equipment" means the equipment, if any, not consisting of HVS Hardware that was sold to Client by Hart or Hart's distributor for use with, and in connection with the sale of, the HVS Hardware. Page 16 of 21 HVS License Agreement — Rev. 09 -2011 "Non -Hart ,Software" means the run -time executable code and associated support files of computer programs owned by third parties that are identified on Schedule C and sublicensed by Hart to Client pursuant to this Agreement or licensed directly by the third - parts* licensor to Client, and all updates, upgrades, versions, new releases, derivatives, revisions, corrections, improvements, rewrites, bug fixes, enhancements, and other modifications to such computer programs and code that are provided to Client, and all copies of the foregoing. Non -Hart Software also includes all documentation provided to Client with respect to these computer programs, and all copies of the foregoing. ",Software" means the Hart Proprietaiv Sofhvare and Firmware, and Non -Hart Software. ",sublicensed ,Software" means Non -Hart Software that is identified on Schedule C as being sublicensed by Hart to Client pursuant to this Agreement. "VBOTM" means the Verifiable Ballot Option unit used in conjunction with the eSlateO� for a Voter Verifiable Paper Audit Trail. (The rest of this page is intentionally left blank.) Page 17 of 21 HVS License Agreement — Rev. 09 -2011 SCHEDULE A SUPPORT CONTACT INFORMATION The following contact information is to be used by Client for submitting Support requests to Hart InterClVlc, Inc.: Client Support Center: Client Support Center Fax: E -mail Address: Team Track: Hart InterCivic, Inc. Switchboard: Client Support Manager: 1- 866 - 275 -4278 (1- 866 - ASK -HART) 1 -512- 252 -6925 or 1- 800 -831 -1485 ha tsupport a hartic. com https: / /haitsuppoithaitic.com 1- 800 -223 -HART (4278) The following contact information is to be used by Hart for contacting Client on Software Support Service requests: Primary Client Contact Point ( "CCP "): First Alternate CCP: The rest of this page intentionally left blank. Page 18 of 21 HVS License Agreement — Rev. 09 -2011 SCHEDULE B HART PROPRIETARY SOFTWARE (if applicable) QUANTITY MODEL DESCRIPTION UNIT PRICE NUMBER OF LICENSES INITIAL LICENSE FEE One (1) Ta11yTM Electronic Voting $ Four (4). $ BOSSTM, Ballot Software. NowTM SERVOTM, and eCM Mana efTM Licensed Location: NOTE: Hart and Client will update this Schedule as appropriate if Hart releases new Hart Proprietaiv Software that is made available to Client under the HV S Warranty, License, and Support Agreement. (The rest of this page intentionally left blank.) Page 19 of 21 HVS License Agreement — Rev. 09 -2011 SCHEDULE C NON -HART SOFTWARE (if applicable) Non -Hart Software Sublicensed to Client: QUANTITY MODEL DESCRIPTION UNIT PRICE NUMBER OF TOTAL PRICE LICENSES Four (4). Sybase Database software. Included. Four (4). No Charge. Embedded Runtime Program Licensed Location: NOTE: Hart and Client will update this Schedule as appropriate if Hart provides new or different Non - Hart Software to Client under this HVS Warranty, License, and Support Agreement. (The rest of this page intentionally left blank.) Page 20 of 21 HVS License Agreement — Rev. 09 -2011 SCHEDULE D INITIAL ANNUAL FEE Initial Annual Fee: $ (The rest of this page intentionally left blank.) Page 21 of 21 HVS License Agreement — Rev. 09 -2011 REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: October 24, 2011 Requested By: Donald Ladd Department: Eira Report: Resolution: Ordinance X Exhibits: Ordinance Exhibits: IDA Section III -5 Exhibits: Appropriation Source of Funds: N/A Account Number: Amount Budgeted: Amount Requested Budgeted Item: YES No SUMMARY & RECOMMENDATION The Department would like to get Council's approval on the fee schedule for the areas adjacent to the City that the Fire Department responds. La Porte Fire Department responds to numerous calls in the ETJ throughout the year and the City receives no revenues for this service. Companies with IDA agreements do not receive City services and after reading section III -5 of the general IDA agreement, it is the opinion of the Fire Department that the City can charge for such services. Following the direction from the City Council at the August 22, 2011 Council meeting, the proposed Ordinance establishes fee schedules for Department response. Action Required by Council: Consider approving an Ordinance establishing fees for Fire Department response for the Extra Territorial Jurisdiction areas adjacent to the City. Approved for City Council Agenda Traci E. Leach, Assistant City Manager Date ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 38 "FIRE PREVENTION AND PROTECTION" OF THE CODE OF ORDINANCES OF THE CITY OF LA PORTE BY ESTABLISHING SERVICE CALL FEES FOR DISPATCH OF LA PORTE FIRE DEPARTMENT TO LOCATIONS IN THE BATTLEGROUND AND BAYPORT INDUSTRIAL DISTRICTS, FOR NON -CIMA MEMBERS; CONTAINING A REPEALING CLAUSE, CONTAINING A SEVERABILITY CLAUSE, FINDING COMPLIANCE WITH THE OPEN MEETING LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. Chapter 38 "Fire Prevention and Protection ", Article IL "Fire Department ", Division 1 "Generally" of the Code of Ordinances is hereby repealed in its entirety and shall hereafter read as follows, to wit: "Sec. 38 -36 - Definitions ,Station Response: Station response is defined as any La Porte Fire Department units responding to minor fire calls such as small trash fires, vehicle fires, fire alarms, or any other type of call as determined by La Porte Dispatch as a station call. Responding equipment to include but not limited to fire engine with manpower and /or Supervisor vehicle. General Alarm Response: General Alarm responses are defined as any La Porte Fire Department units responding to emergency calls other than station calls to include but not limited to structure fires, hazardous materials spills, large grass fires, or any type of call as determined by La Porte Dispatch or fire officer as a general alarm call. Responding equipment to include but not limited to multiple engines and or specialized equipment as deemed needed by the fire officer in charge. Sec. 38 -37 - Fees for service calls in Industrial Districts (a) The City of La Porte Fire Department is authorized to assess a fee for station response and general alarm response service calls requiring dispatch to areas located in the Battleground Industrial District and the Bayport Industrial District, within the city's extraterritorial jurisdiction. However, if a property owner or entity located in the Battleground Industrial District or the Bayport Industrial District requests a service call resulting in a station response or a general alarm response as a member of CIMA, the obligations of said property owner or entity shall be governed by the terms of the applicable CIMA contract with the city, in place of this article. (b)Fees authorized herein shall be for services rendered, and shall be billed on a per hour basis. In all cases requests for service involving either a station response or a general alarm response shall be billed at a minimum increment of one hour. (c)Service fees for a station response or a general alarm response shall be set in an amount established by the La Porte City Council and as listed in Appendix A — Fees of this Code." Section 2. Appendix A- Fees of the Code of Ordinances is hereby amended by adding the following article to Chapter 38 "Fire Prevention and Protection ", to wit: "Article IL Fire Department Division 1. General1v 1) Station calls, fee per hour ............. $500 2) General alarms, fee per hour ........... $2000" Section 2 : All ordinances or parts of ordinances inconsistent with the terms of this ordinance are hereby repealed; provided, however, that such repeal shall be only to the extent of such inconsistency and in all other respects this ordinance shall be cumulative of other ordinances regulating and governing the subject matter covered by this ordinance. Section 3: Should any section or part of this ordinance be held unconstitutional, illegal, or invalid, or the application to any person or circumstance for any reasons thereof ineffective or inapplicable, such unconstitutionality, illegality, invalidity, or ineffectiveness of such section or part shall in no way affect, impair or invalidate the remaining portions thereof, but as to such remaining portion or portions, the same shall be and remain in full force and effect and to this end the provisions of this ordinance are declared to be severable. Section 5. The City Council officially finds, determines, recites and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council is posted at a place convenient to the public at the City Hall of the city for the time required by law preceding this meeting, as required by Chapter 551, Tx. Gov't Code; and that this meeting has been open to the public as required by law at all times during which this ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. Section 6 . This Ordinance shall become effective on November 1, 2011 PASSED AND APPROVED, this 10 "' day of October, 2011. CITY OF LA PORTE LOCHS R. Rigby, Mayor ATTEST: Patrice Fogarty, City Secretary APPROVED: Clark T. Askins, Assistant City Attorney INDUSTRIAL DISTRICT AGREEMENT Section III 5. City and Company acknowledge circumstances might require the City to provide emergency services to Company's Property described on Exhibit "A" attached hereto. Emergency services are limited to fire, police and public works emergency services. If Company is not a member of Channel Industries Mutual Aid Association (CIMA), Company agrees to reimburse City for its costs arising out of any emergency response requested by Company to Company's property, and to which City agrees to respond. If Company is a member of CIMA, the obligations of Company and City shall be governed by the CIMA agreement, to which agreement City is a party. REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: October 24, 2011 Requested By: Tim Tietiens Department: Planning Report: X Resolution: Ordinance: _ Exhibits: 1. Pipeline Permit Application 2. Pipeline Permit # PT -11- 37000002 3. Area Map 4. Pipeline Transportation Ordinance Appropriation Source of Funds: N/A Account Number: N/A Amount Budgeted: N/A Amount Requested: N/A Budgeted Item: _YES X NO SUMMARY & RECOMMENDATION Enterprise Crude Pipeline, LLC has filed application with the City to constrict an 18" crude oil pipeline from the Exxon Bayport to Baytown Corridor to Enterprise Products' operating facility in Morgan's Point (see Exhibit 1). Right -of -Way crossings will occur at Sens Road, North 16 Street (closed), North 16 Street (proposed), State Highway 146, North 8 th Street, North 4 th Street, North 2" a Street, North "L" Street, and North Broadway (see Exhibit 3). Staff has reviewed the company's application and has identified existing water and sanitary sewer mains along the route to ensure sufficient clearances are met. Enterprise Crude Pipeline's application meets all requirements of the Pipeline Transportation Ordinance (see Exhibit 4) and the company has submitted all required documentation and fees per the ordinance. Based on its review of the application, Staff anticipates no conflicts with existing and proposed public utilities, roads or drainage ways. Conditional to this permit are the following stipulations: 1. Contact the City of La Porte Planning Department at (281) 470 -5059 no less than 48 hours prior to commencement of constriction. 2. Post copies of this Permit at all public right -of -way crossings. Per Sec. 102 -235, Item (k) of La Porte's Code of Ordinances (Ord. 2004 - 2755): "the Permittee shall, at any time in the future, where such pipeline or portion thereof crosses or is laid within, under or across any street, road or utility right -of -way, drainage way or public way existing or projected at the time the permit is issued, reposition such pipeline (which shall include lowering or raising the pipeline, as well as casing it, if required) at the Permittee's sole expense, when the City reasonably requires such action incidental to public constriction or public improvement: constriction, maintenance and improvement of streets, water lines, sanitary sewer lines, storm sewers, ditches and public utilities. The City shall give the Permittee prior written notice of the need for repositioning location, and such notice shall be mailed certified mail, return receipt requested, to the Permittee as designated in the application. The Permittee shall have six (6) months to complete such 2 repositioning. 4. Any and all construction materials utilized by the pipeline contractor for access across any and all drainage ditches, drainage paths and /or drainage channels shall be promptly removed by the contractor upon completion of construction at each crossing. 5. Any fill material resulting from construction shall be removed or be subject to a Fill Permit from the City. 6. Prior to an anticipated major rain event, contractor shall remove all constriction- related materials and /or fill from any drainage way or roadside ditch as to not impede storm water runoff. Upon Council's approval, the Director of Planning will execute a constriction permit to Enterprise Crude Pipeline, LLC in duplicate originals, one which shall be delivered to the Permittee and one which shall be retained by the City. Action Required by Council: Authorize the Planning Director to execute a Pipeline Permit to Enterprise Crude Pipeline, LLC for installation of an 18" crude oil pipeline from Exxon's Bayport to Baytown Corridor to the Enterprise Products Operation facility in Morgan's Point. Approved for City Council Agenda Traci E. Leach, Assistant City Manager Date CITY OF LA PORTE, TEXAS PIPELINE PERMIT APPLICATION ........ ............................... INFORI ATION ON OWNERAND APPLICANT .............. ............................... Company Name: Enterprise Crude Pipeline, LLC Company Address: P.O. Box 4324, Houston, Tx 7722 Phone and Fax Number: (713) 843 -8206 Office, (713) 803 -2630 Fax EM61: kwebster @eprod.com Person Submitting Application: Rick Lamb Title of Person Submitting Applicaltan: Right Of Way Project Manager Phone and Fax Number. (713) 632 -5599 Cell, (713) 803 -2630 Fax Email: r€ck,iamb@yahoo.com Acting for Owner as: Representative Principal Contact for Submittal information: Kyle Webster We of Principal Contact: Manager Land - Central Texas, Houston & Louisiana Region Phone and Fax Number. (713) 803 -8206 Office, (713) 803 -2630 Fax Email: kwebster @eprod.corn ...... ....................INFORMATION ON TWENTY•POURHOUR EmERGENGY CON TACTS............,............. Twenty -Four Hour Emergency Contact: Kyle webster T111e of Twenty -Four Hour Emergency Contact: Manager Land - Central Texas, Houston & Louisiana Region Phone and Fax Number: (7 803-8206 OffiC8, (713) 803 -2630 Ema331: kwebster @eprod,com Other Numbers for Emergency Contact (pager, cellular, etc.): (713) 857 -3356 cellular Alternate Twenty-Four Hour Emergency Contact: Ray Fltzpatrick Title of Alternale Twonty -Four Hour Emergency Contael. Area Supervisor Phone and Fax Number. (281) 239 -3331 Office Email: rgfltzpatr€ck pprod.com Other Numbers for Alternate Contact (pager, cellular, etc.): (713) 516 -5581 Cellular 1 -(800) 220 -1058 Emergency Contact Humber ................. ...... .. .............. ....... 13ASIO INFORMATION ON PIPELINE................... ............................... Size in Diameter: 18" Commodily(s): Crude all Odgin Point: Eagle Ford Shale - South Texas Destination Point: Enterprise Products Operating, LP (facit€ty @ Morgan's Paint, Texas) Normal Operating Pressure: 698 Maximum Operating Pressure: 1440 -- Maxirrttin Allowable Temperature (if appplteab q NIA �. 6114 West Fairmont Parkivay LaPorte, Texas 77571 Phone: (281) 471 — Fax: (281) 470- :5® ®:5 www.laportetx.gov Enterprise Crude Pipeline, LLC P.O. Box 4324 Houston, TX 77210 Attn.: Rick Lamb/Mustang Engineering RE: Pipeline Transportation Permit (PT -11- 37000002) Dear Mr. Lamb: Your application for a permit to construct an 18" crude ( approved by La Porte City Council at its October 24, 2011 construction within all regulations set forth in Cite of La P Please note this permit is issued with the diti 1. Contact the Citv of La Porte Planning commencement of construction. 2. Post copies of 3. Per Sec. 102 -235, any time in the fu ri f aired) at the mkt plic construction or V hT e sanitan sewer lnie; lv rittex f otice of the nee( receipt req e�ted, to the to comnlefe..tseh renositi 4. Anv and all cons' ditches, drainage completion of co a of L1`,, . te's Code of ftdinances (Ord. 2004 - 2755): "the Pennittee shall, at re tiuftpellne or port" thereof crosses or is laid within, under or across any Ufa pxfa �� 1v or p)ic way existing or projected at the time the permit apef hicli'sh mncludeiivering or raising the pipeline, as well as casing it, scae expense w 6M City reasonably requires such action incidental to is imptetnent: construction, maintenance and improvement of streets, water §tonn seers ditches and public utilities. The Cite shall give the Permittee prior nr posithon ocation, and such notice shall be mailed certified mail, return rtaitte as( d in the application. The Permittee shall have six (6) months fiats utilized by the pipeline contractor for access across any and all drainage rainage channels shall be promptly removed by the contractor upon each crossing. 5. Anv fill material resulting from construction shall be removed or be subject to a Fill Permit from the Cite. 6. Prior to an anticipated major rain event, contractor shall remove all construction- related materials and/or fill from anv drainage way or roadside ditch as to not impede storraivater runoff. Sincerely, Tim Tietjens Planning Director CC: Finance Department; PT- 11- 37000002 File October 24, 2011 CHAPTER 182, ARTICLE IV, LA PORTE CODE OF ORDINANCES "PIPELINE TRANSPORTATION" *Editor's note: Ordinance No. 2004 -2755, § 1, adopted July 12, 2004, repealed the former Art. IV, §§ 102 -231 - -102 -237, 102 -261 - -102 -265, and enacted a new Art. IV as set out herein. The former Art. IV pertained to similar subject matter and derived from Ord. No. 915, § 1(18 -A- 1)-- (18- A -12), 3 -6 -72. Cross references: Businesses, ch. 22. State law references: Transportation of gas and gas pipeline facilities, safety standards, preemption, Vernon's Ann. Civ. St. art. 6053 -1. Sec. 182 -231. Declaration of policy. The city council declares that the policy of the city in the manner of granting to any person the privilege to construct, operate and maintain any pipe or pipeline within the jurisdiction of the city for the purpose of thereby transporting oil, gas, brine or any other liquid or gaseous substance whatsoever shall be stated in this article. The provision of this article shall be administered by the director of planning or his designee. (Ord. No. 2004 -2755, § 1, 7- 12 -04) Sec. 182 -232. Definition of terms. All terms used herein shall be taken in their ordinary signification except the following: City shall mean the City of La Porte now incorporated and as hereafter expanded by annexation or consolidation. Commodity shall mean any liquid or gaseous substance or other product capable of being transported through a pipeline and which is, or may become, flammable, toxic or otherwise hazardous to human, animal or plant health and/or life. Director shall mean the director of planning or his designee. Operational boundary shall mean the prime property and location of the offices and operational facilities of a person within the city. The term is not intended to extend to rights -of- way, easements, licenses or privileges owned or utilized by a person incidental to a pipeline and which radiate or depart from such primary property, offices and operational facilities. Permittee shall mean the person to whom a permit is issued under the provisions of this ordinance. Person shall mean an individual, corporation, partnership, association or any other entity, however organized. Pipeline shall mean any pipeline or part thereof, including pipe, valves and any appurtenances thereto, which is used for the transportation of a commodity into, across, under or over the city. "Pipeline" shall include any pipe, valve, appurtenance or portion of any pipeline crossing the operational boundary of any industry operating, in whole or part, in the city. "Pipeline" shall not include any pipeline, pipe, valve or appurtenance when located entirely on, within or under a person's operational boundary. Relocation shall mean the horizontal or vertical movement of a pipeline. Reposition shall mean the movement of a pipeline when such movement is necessary for the public construction or public improvement: construction, maintenance and improvement of streets, water lines, sanitary sewer lines, storm sewers, ditches and public utilities. (Ord. No. 2004 -2755, § 1, 7- 12 -04) Cross references: Definitions generally, § 1 -2. Sec. 102 -233. Exemption. This article shall not extend to: (1) Any person now or hereafter providing natural gas service for residential and business use only within the city pursuant to a franchise from the city as a gas distribution utility; (2) Raw or potable water pipelines, valves and appurtenances; or (3) City, county or state agencies for storm drainage or sanitary sewer service pipelines, valves and appurtenances, except industrial wastes transported by pipeline to treatment facilities outside the corporate city limits. (Ord. No. 2004 -2755, § 1, 7- 12 -04) Sec. 102 -234. Permit required. No person shall commence the construction, relocation or reposition of a pipeline within the city without a permit being obtained from the city for such pipeline under the terms of this chapter. (Ord. No. 2004 -2755, § 1, 7- 12 -04) Sec. 102 -235. Application for permit A person desiring a permit shall submit a written application to the director and concurrently therewith shall pay a non - refundable fee to the city. The application form, which can be obtained from the director, shall be submitted to the director, in duplicate, with the following information contained thereon: (1) The name, business address and telephone number of the pipeline owner and operator; (2) The names, titles and telephone numbers of the following persons: a. The person submitting the information; b. The principal contact for submittal of information; and 2 c. The 24 -hour emergency contact (and an alternate 24 -hour contact), who 1. Can initiate appropriate actions to respond to a pipeline emergency; 2. Has access to information on the location of the closest shutoff valve to any specific point in the city or its jurisdiction; and 3. Can furnish the common name of the material then being carried by the pipeline. (3) The origin point and destination of the pipeline being constructed, adjusted, relocated, replaced, repositioned or repaired. (4) A description of the commodity(s) to be transported through the pipeline. A copy of the material safety data sheets for the commodity(s) shall be included with the submittal if the owner or operator is required by federal or state law to have material safety data sheets available; (5) The maximum allowable operating pressure on the pipeline as determined according to the U.S. Department of Transportation and State Railroad Commission procedures or the maximum design strength for unregulated pipelines, if applicable; (6) The normal operating pressure range of the pipeline; (7) The maximum allowable temperature under which the substance or product may be pumped or otherwise caused or permitted to flow through any and all of the particular portions of the pipeline, if applicable; (8) Engineering plans, drawings, maps with summarized specifications showing the horizontal pipeline location, the pipeline covering depths and location of shutoff valves within the corporate limits and ETJ of the city. The location of shutoff valves must be known in order for emergency responders to clear the area for access to the valves. To the extent that information can be reasonably obtained, drawings shall show the location of other pipelines and utilities that will be crossed or paralleled within five feet; (9) A summary description of the time, location, manner, means and methods of the proposed construction, including but not limited to the following: a. Detailed cross section /profile drawings for all public way crossings if requested by the Director; b. A plan accurately showing the location, course and alignment of the proposed pipeline, including valve locations (existing and proposed), and all public ways in which the proposed pipeline shall be laid, provided that the degree of accuracy shall not be required to exceed the accuracy which can be practicably achieved by using United States Geological Survey (USGS) maps. (10) A statement that the pipeline will comply with the applicable standards required by this article as well as all applicable federal, state and local laws and regulations; and (11) A statement that the permittee shall, at any time in the future, where such pipeline or portion thereof crosses or is laid within, under or across any street, road or utility right -of -way, drainage way or public way existing or projected at the time the permit is issued, reposition such 3 pipeline (which shall include lowering or raising the pipeline, as well as casing it, if required) at the permittee's sole expense, when the city reasonably requires such action incidental to public construction or public improvement: Construction, maintenance and improvement of streets, water lines, sanitary sewer lines, storm sewers, ditches and public utilities. The city shall give the permittee prior written notice of the need for repositioning location, and such notice shall be mailed certified mail, return receipt requested, to the permittee as designated in the application. The permittee shall have six months to complete such repositioning. (12) A statement that the permittee shall notify the director at least 48 hours prior to performing any scheduled repairs or maintenance on the pipeline. For unscheduled emergency repairs or maintenance, taken to protect the public health, safety or welfare, the permittee shall notify the city police department dispatcher as soon as practical but no later than one hour after commencing repairs or maintenance. The director expressly reserves the right to require the submission of additional information if the director reasonably deems the information necessary to meet the requirements of this article. Such supplemental information shall be submitted by the permittee to the director within ten days, excluding weekends and city holidays, of the permittee's receipt of the director's written request. While awaiting the requested information, the period in which the city must process the application shall be suspended. (Ord. No. 2004 -2755, § 1, 7- 12 -04) Sec. 102 -236. City council consideration. (a) Within 60 days from the date on which the official application is received at the official address for the director, the director shall advise the applicant whether, based on the director's professional judgment, the contemplated construction, relocation, replacement or reposition is in compliance with this article. If the director does not deem the contemplated construction to be in compliance with this article, the director shall notify the applicant, in writing, of any deficiencies found. (b) After the notice described in subsection (a) of this section is given to the applicant, the director, based upon the assessment of the director and other city personnel, shall report to the city council upon his examination of such application and plans, including such changes in the plans as the applicant may have made upon his suggestion, with his recommendation as to the granting or denying of the permit application, based upon compliance or noncompliance with this article, at the next regularly scheduled city council meeting for which adequate notice may be given. The director shall in such report and recommendation state whether the proposed course or alignment of the pipeline and depth at which it is proposed to be laid thorough undeveloped or unplatted areas is, to the extent economically feasible, consistent with the probable future development of such areas, location and opening of future streets, and laying of water, sanitary sewer, storm sewer lines, ditches and public utilities incident to such probable future development. (c) After the report and recommendation is made to the city council, the city council shall consider approval or denial of the permit. (Ord. No. 2004 -2755, § 1, 7- 12 -04) 4 Sec. 102 -237. Permits. Upon approval, permits shall be executed in duplicate originals by the director. One duplicate original shall be delivered to the permittee and the other shall be retained by the city. A copy of the permit shall be conspicuously displayed at each point where the pipeline construction, relocation or repositioning intersects any public street, right -of -way, easement or public property within the corporate limits of the city. (Ord. No. 2004 -2755, § 1, 7- 12 -04) Sec. 102 -238. Permit transference. Permits may be transferred after prior written notice to the director, on a form provided by the director, which notice shall set forth the full name and address of the transferee, the full name and address of the transferee's registered agent or owner (if an unincorporated entity) and an agreement that the transferee shall be bound by all provisions of the application and permit as originally acted upon and granted by the city. The transfer application shall be signed by an authorized officer, owner or representative of both the transferor and transferee and shall be accompanied by a non - refundable transfer fee. (Ord. No. 2004 -2755, § 1, 7- 12 -04) Sec. 102 -239. Permit fees. (a) Every permit requested under the terms and conditions of this article, with the exception of those permits necessitated due to a repositioning of a pipeline at the request or required by the city or another governmental entity, shall provide for the payment by the applicant to the city of a non - refundable application fee of $1,000.00 per pipeline. (b) Every permit granted under the terms and conditions of this article shall provide for the payment of an annual fee thereafter in the amount of $800.00 per pipeline per year, payable annually in advance on or before July 1 of each year. (c) Every permit transfer shall be accompanied by a non - refundable transfer fee of $300.00. (Ord. No. 2004 -2755, § 1, 7- 12 -04) Sec. 102 -240. Permit expiration. (a) If construction, relocation or reposition of the pipeline does not commence within one year from the date of the permit, the permit shall be void unless the permittee makes written application for an extension. The city council may grant an extension for one additional year only. (b) Pipelines abandoned after the date of this article shall have their permit voided and shall not thereafter be subject to the terms of this article except as follows: (1) The owner or operator shall report to the director, in writing, the abandonment of a pipeline that has been permitted in accordance with this article. 5 (2) All known abandoned pipelines shall be purged, disconnected from all sources or suppliers of gas, hazardous liquids and chemicals and shall be capped or sealed at each end within the city limits. (Ord. No. 2004 -2755, § 1, 7- 12 -04) Sec. 102 -241. Construction requirements. All pipelines shall be constructed in accordance with the following guidelines: (1) All pipelines shall be constructed in accordance with the latest applicable minimum standards, if applicable, established by the United States Department of Transportation, Texas Railroad Commission, or any other entity having regulatory authority over pipeline safety and construction matters. (2) All pipelines shall be buried to specified depths, as follows: a. Pipelines which run under or within 20 feet of any street or streets and/or any proposed street which has been designated on the master plan for the city or the official city map of the city, shall be buried to a depth of at least six feet measured between the top of the pipeline and the natural surface of the ground. b. Pipelines which run under any ditch and /or drainage area or structure shall be buried to a depth of at least five feet measured between the top of the pipeline and the ultimate channel or structure depth. Permittee is responsible for determining the ultimate depths from the appropriate agency and reporting said information with permit application. c. Pipelines for areas not mentioned in a. or b. above shall be buried to a minimum depth of four feet measured between the top of the pipeline and the natural surface of the ground. Provided further, if at any particular point or points the director determines that a greater or lesser depth be required, such permit shall not be granted except upon agreement by the permittee to comply with such depth requirement. (3) All pipelines shall cross public streets, public properties and public rights -of -way as closely as possible to a right (90 °) angle. (4) All public streets, roads and ways in existence at the time of construction of a pipeline shall be bored under and shall not be cut for the purpose of constructing, relocating or repositioning a pipeline. (5) All pipeline related excavations in any public right -of -way shall be backfilled in a manner satisfactory to the city; and if after once refilling such excavation the earth within the excavated area settles so as to leave a depression, the permittee shall be required to make further necessary fills as ordered by the city. All areas shall be graded and maintained so as to provide drainage of the area. 6 (6) The permittee shall be required to repair all portions of any street across or along and under which pipelines are laid and place the same in as good a state of repair and condition as they were at the time the construction, repair or removal was commenced, such repairs to be to the satisfaction of the city. (7) Upon completion of the pipeline, the permittee shall provide the director with three as -built (or record) drawings of the pipeline, showing the route, distances and shut -off valve locations. These drawings shall be submitted in digital format acceptable to the city. (Ord. No. 2004 -2755, § 1, 7- 12 -04) Sec. 102 -242. Pipeline location. (a) Where feasible, a new pipeline shall be located within existing pipeline corridors. The feasibility of locating new pipelines in established corridors in the city shall be considered from the perspective of the pipeline owner or operator, taking into consideration the following: (1) The availability and cost of corridor space; (2) The availability and cost of right -of -way to and from the corridor; (3) Technical, environmental, safety, efficiency and cost issues related to building, operating and maintaining both the portion of the pipeline that would be located in the corridor and the lengths of pipeline required to gain access to and from routing through a corridor; (4) Any delays in right -of -way acquisition or pipeline construction that may result from routing through a corridor; (5) The availability of an alternative right -of -way to the owner or operator; and (6) All other matters that a prudent pipeline owner or operator would consider in selecting the route for a new pipeline. Provided that the owner or operator has considered in good faith the use of existing corridors within the city, the determination of the owner or operator as to the feasibility shall be determinative, unless there is clear and convincing evidence that contradicts the conclusion of the owner or operator. (b) When it is not feasible for a new pipeline to be located within an existing corridor, the pipeline should, to the extent practical: (1) Follow property boundaries of fee parcels or existing easements to avoid unnecessary fragmentation of land and avoid diagonal routes that would create slivers of land between public ways, except if following: a. Manmade or topographical features is in the public interest; b. Boundary lines or existing easements is impractical under the circumstances; c. Boundary lines or existing easements poses safety concerns; or d. Boundary lines or existing easements would not be feasible. (2) Avoid areas of unique recreational or aesthetic importance, environmentally sensitive areas and areas of historical or cultural significance, unless appropriate mitigation measures are undertaken to the satisfaction of the director; and 7 (3) Avoid conflict with existing or planned urban developments as well as the location of planned future streets and laying of planned water, sanitary sewer and storm sewer lines, structures and ditches incident to such future development. (Ord. No. 2004 -2755, § 1, 7- 12 -04) Sec. 182 -243. Liability. A condition of granting any permit shall require the permittee to save the city harmless from liability for injury or damage to any person or person's property caused by the construction, relocation, repositioning, maintenance, operation, repair or removal of any part or all of such pipeline within any public right -of -way or easement; and shall require the permittee to pay to the city all damages caused to the city by construction relocation, repositioning, maintenance, operation, repair or removal of such pipeline or any part thereof. (1) Except in an emergency, the permittee shall notify the director 48 hours before commencing at any time excavation in any portion of any said unpaved or unimproved street, and not wholly close any street, but shall at all times maintain a route of travel along and within such roadway area, to the extent such travel was allowed prior to the excavation. (2) In the event of an emergency, it being evident that immediate action is necessary for the protection of the public and to minimize property damage and loss of investment, permittee may, at its own responsibility and risk make necessary emergency repairs, notifying the city police dispatch of this action as soon as practical, but not later than one hour after commencing repairs or maintenance. (Ord. No. 2004 -2755, § 1, 7- 12 -04) Sec. 182 -244. Insurance and bonding requirements. (a) Under this article, a permittee must furnish, prior to any construction, repair, adjustment, relocation, reposition or replacement, and shall further maintain at all times during the life of the permit, commercial general liability insurance for bodily injury and property damage, including explosion, collapse and underground hazard, coverage in the minimum combined single limit amount of $1,000,000.00 as it pertains to all pipelines or other facilities owned by the permittee in the public way in the jurisdiction. Such policy shall name the city, its officers, agents and employees as additional insureds. (b) A certificate of insurance specifying the coverage required in subsection (b) of this section with an insurance company having acceptable insurance rating shall be furnished to the director prior to the issuance of any permit. Such certificates of insurance shall provide that at least 30 days prior written notice for the termination or modification of the required insurance shall be given to the city. (c) In lieu of liability insurance, a permit applicant shall furnish evidence of financial responsibility which demonstrates the applicant's qualifications as a self- insurer. Such evidence may take the form of the most recent corporate financial report which is acceptable to the city council as giving assurance of the applicant's financial ability to comply with the requirements of this section. 0 (Ord. No. 2004 -2755, § 1, 7- 12 -04) Sec. 102 -245. Pipeline permit updates. It shall be the responsibility of the permittee to provide, in writing, updated information on the following aspects of each permit: (1) Name and mailing address of the pipeline owner. (2) Name and telephone number of two officers or persons available on a 24 -hour basis who can furnish or obtain immediately, information as to the pressure at the point or points of input nearest to the city and the common name of the commodity carried by the pipeline. (3) A description of the commodity(s) being transported through the pipeline. A copy of the material safety data sheets for the commodity(s) shall be included with the update if the owner or operator is required by federal or state law to have material safety data sheets available. This information will be provided with the annual update or upon transference or any change in ownership. (Ord. No. 2004 -2755, § 1, 7- 12 -04) Sec. 102 -246. Pipeline signs. Every pipeline, new or existing, within the corporate limits of the city shall bear at all times, in plain, indelible lettering, signs denoting the ownership of said pipeline, permanently affixed in the pipeline right -of -way where said pipeline rights -of -way cross public streets, public properties or public rights -of -way. (Ord. No. 2004 -2755, § 1, 7- 12 -04) Sec. 102 -247. Penalties. Any violation of any section, subsection or part of this article shall be deemed a misdemeanor and such violation thereof during all or any portion of any day shall be a separate offense and misdemeanor; and upon final conviction, every person, firm, association, corporation or partnership guilty of such violation shall be fined in a sum not more than $2,000.00 per each day of violation. (Ord. No. 2004 -2755, § 1, 7- 12 -04) 9 REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: October 24, 2011 Requested By: Susan Cream Department: Finance/ Purchasing Report: XX Resolution: Ordinance: Exhibits: Bid Tabulation Exhibits: Bidder's List Exhibits: Evaluation Summary Appropriation Source of Funds: Various Account Number: Various Amount Budgeted: 5119,255 Amount Requested: 5110,148 Budgeted Item: yES NO SUMMARY & RECOMMENDATION Advertised, sealed proposals for RFP 412501 — Annual Janitorial Service were opened on September 20, 2011. Bid proposals were mailed to twenty -six (26) vendors with twelve (12) responses. A committee of four (4) City staff members and one (1) staff member from the La Porte Community Library interviewed five (5) of the vendors submitting proposals. Based on the award criteria established in the specifications, ABM Janitorial Services and American Janitorial Services (our current provider) received the top scores by several points over the other vendors. The committee interviewed both firms and determined that ABM Janitorial Services would provide the best value to the City. The scope of work and frequency of cleaning is equal to the level of services the City is currently receiving. Three years ago, the city decided to purchase paper goods independently and those supplies will be purchased through a quote for janitorial paper goods. The contract period for janitorial services will be one (1) year with an option to renew for two (2) additional one -year periods, upon agreement of both parties. There is also a provision for termination of contract, with thirty (30) days notice, for nonperformance of contract specifications. Departmental funds were budgeted at $119,255. ABM's annual cost of $102,148 is a savings of 24% from our current pricing. The janitorial contract provides pricing for floor cleaning in addition to monthly services. Staff is requesting an additional $8,000 per year for floor care services. Staff Recommendation: Based on the award criteria established in the specifications, Staff recommends awarding the janitorial bid as proposed by committee. Action Required by Council: Consider awarding RFP 408512for Janitorial Services to ABM Janitorial Services in the amount of $110,148. Approved for City Council Agenda Traci E. Leach, Assistant City Manager Date RESPONSE TABULATION RFP #12501 - ANNUAL JANITORIAL SERV ICES Information reflects pricing which is only 20% of overall evaluation criteria ABM ACCREDITED AMERICAN C & D C & S CAPITAL JANITORIAL BUILDING JANITORIAL JANITORIAL JANITORIAL SERVICES LOCATION SERVICES SERVICES SERVICES SERVICE, INC SERVICES CONCEPTS 1) City Hall $1,180.54 $1,938.88 $1,745.00 $1,998.00 $1,459.77 $3,280.00 2) Public Works $458.49 $705.50 $681.00 $625.00 $531.17 $1,285.00 3) Fitness /Rec Center $1,748.41 $2,879.27 $2,915.00 $3,150.00 $2,167.78 $6,025.00 4) Special Programs Center $504.15 $830.00 $802.00 $500.00 $624.90 $1,390.00 5) Municipal Court $579.77 $917.65 $1,113.00 $1,150.00 $690.89 $1,740.00 6) La Porte Community Library $1,160.49 $1,950.00 $1,745.00 $1,250.00 $1,459.58 $3,125.00 7) Police Department $2,752.50 $4,700.00 $1,823.00 $2,800.00 $3,499.44 $3,525.00 8) Records Storage Building $128.02 $200.00 $98.00 $25.00 $150.00 $205.00 Floor Services - Additional Carpet steam clean /shampooing per sq. ft. $0.10 $0.10 $0.13 $0.15 $0.15 $0.16 Stripping and re- waxing of tile flooring $0.25 $0.25 $0.20 $0.25 $0.23 $0.28 Total per Month $8 ' 512.371 $14,121.30 $10,922.00 $11,498.00 $10,583.53 $20,575.00 Total per Year $102,148.441 $169,455.60 $131,064.00 $137,976.00 $127,002.36 $246,900.00 Information reflects pricing which is only 20% of overall evaluation criteria COVERALL HEALTH- ECR PRO G & C HIGH QUALITY JANI KING OF OMEGA BASED JANITORIAL BUILDING CLEANING HOUSTON CLEANING LOCATION CLEANING INC MAINT SERVICES CONCEPTS 1) City Hall $1,613.16 $1,985.60 $1,394.46 $2,050.00 $2,409.00 $1,800.00 2) Public Works $490.00 $722.50 $506.09 $650.00 $1,031.00 $685.00 3) Fitness /Rec Center $2,496.36 $2,948.65 $2,065.45 $2,895.00 $5,002.00 $3,750.00 4) Special Programs Center $723.00 $850.00 $595.40 $1,050.00 $1,214.00 $905.00 5) Municipal Court $1,045.00 $939.76 $317.05 $800.00 $1,206.00 $905.00 6) La Porte Community Library $1,240.00 $1,985.35 $1,390.68 $1,150.00 $918.00 $1,580.00 7) Police Department $1,859.00 $4,760.00 $2,083.91 $2,985.00 $5,210.00 $4,250.00 8) Records Storage Building $100.00 $204.00 $142.89 $85.00 $50.00 $250.00 Floor Services - Additional Carpet steam clean /shampooing per sq. ft. $0.12 $0.23 $0.12 $0.10 $0.17 $0.10 Stripping and re- waxing of tile flooring $0.24 $0.18 $0.18 $0.25 $0.25 $0.13 Total per Month $9,566.521 $14,395.861 $8,495.931 $11,665.001 $17,040.00 $14,125.00 Total per Year $114,798.241 $172,750.321 $101,951.161 $139,980.001 $204,480.00 $169,500.00 Information reflects pricing which is only 20% of overall evaluation criteria BIDDERS LIST RFP #12501 — ANNUAL JANITORIAL SERVICES ACCREDITED BUILDING SERVICES 1304 Langham Creek, Suite 216 Houston, TX 77084 TUFF BUFF JANITORIAL SERVICES 5118 Laura Lee Lane Pasadena, TX 77504 C & D JANITORIAL SERVICE INC. PO Box 3823 Houston, TX 77253 SPARKLING MAINTENANCE SERVICES PO Box 672831 Houston, TX 77267 -2831 TEAM MAINTENANCE 1404 Upland Dr. Houston, TX 77043 ULTRA CLEAN, INC. 921 B Pasadena Freeway Pasadena, TX 77506 MAINTENANCE OF GALVESTON 4007 Waldo St. Houston, TX 77063 OMEGA CLEANING CONCEPTS, INC 5300 N. Braeswood #348 Houston, TX 77096 AMERICAN JANITORIAL SERVICES 2951 Marina Bay Dr. STE 130 #395 League City, TX 77573 SATELLITE JANITORIAL COMPANY, PO Box 320459 Kansas City, MO 64132 CAPITAL C & I INC. 2050 N. Loop West Ste 201 Houston, TX 77018 BEST CLEANING SERVICES PO Box 16245 Sugar Land, TX 77496 AZTEC FACILITY SERVICES, INC. (HUB) 11000 South Wilcrest Drive Suite 125 Houston, TX 77009 A+ JANITORIAL BUILDING PO Box 907 Seabrook TX 77586 HIGH QUALITY CLEANING SERVICES 7320 Ashcroft Dr. Ste. 201 Houston TX 77081 SANITARY SUPPLY CO. 6790 College St. Beaumont, TX 77707 JANIKING OF HOUSTON, INC. 12144 Dairy Ashford Road #100 Sugar Land, TX 77478 DKC ENTERPRISES 5330 Griggs Rd Ste A114 Houston, TX 77021 Coverall Health -Based Cleaning System 2313 W Sam Houston Pkwy N #131 Houston, TX 77043 TEAM MAINTENANCE 1404 Upland Dr. Houston, TX 77043 ABM JANITORIAL SERVICES 2131 Gulf Central Dr. Houston, TX 77023 C & S Janitorial Services 6706 Bourgeois Rd Houston, TX 77066 JAN -PRO 15810 Park Ten Place #135 Houston, TX 77084 HARRIS ENTERPRISES PO Box 62181 Houston, TX 77205 C & S JANITORIAL SERVICES 6706 Bourgeious Rd. Houston, TX 77066 MAINTENANCE OF HOUSTON 4007 Waldo St Houston, TX 77063 G & C BUILDING MAINT SERVICES PO Box 680303 Houston, TX 77268 -0303 ECR 1143 Trickey Rd Houston, TX 77067 JANITORIAL EVALUATION SUMMARY E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E V V V V V V V V V V V V V V V V V V V V V V V V V V V V V V a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a C& D u u u u u ABM u u u u u Accredited u u u u u American u u u u u u u u u u C& S u u u u u Janitorial Capital Criteria Percent a a a a a Janitorial a a a a a Building a a a a a Janitorial a a a a a a a a a a Janitorial a a a a a S Services t t t t t Services t t t t t Services t t t t t Services t t t t t IncCe' t t t t t Services t t t t t 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r A B C D E A B C D E A B C D E A B C D E A B C D E A B C D E Qualifications: Cleaning and supervisory staff shall be capable and bondable to fulfill and abide by specifications 30 %5.05.05.03.04.0 6.65.04.03.03.04.0 5.75.05.05.03.04.0 6.61.02.01.03.03.0 3.05.03.03.03.03.0 5.15.04.04.03.03.0 57 Experience: Fxperience;n janitorial services, including but not limited to years, history, and references 30%5.05.05.04.04.0 6.9 5.014.0 4.013.0 4.0 6.015.0 5.015.0 4.0 4.0 6.91.03.02.03.03.0 3,615,0 3,0 3,0 3.013.0 5.15,04,04.03.03.0 5.7 Cost: Monthlyfeesfor buildings. Submittal of number of persons and estimated hours may be considered 20% 5.0 5.0 5.0 5.0 4.0 4.8 3.0 3.0 2.0 2.0 3.0 2.6 4.014.0 4.0 4.0 4.0 4.04. 0 4.0 3.0 3.0 3.0 3.4 4.0 5.0 3.0 4.0 3.0 3,8 1.0 1,0 1.0 1.0 2A 12 Quality of supplies and paper products: Using brand names or equal product 20 %5.04.04.03.03.0 3.85.03.04.03.03.0 3.64.04,04.04.04.0 4.0 2,0 4,0 10 3.0 3.015.0 3.0 4.0 3.0 3.0 3.65.04.04.03.03.0 3.8 Final Scores 1000% 1 1 22.1 1 1 1 1 1 17.9 21.S 13.0 1 1 1 1 17.6 1 16 b JANITORIAL EVALUATION SUMMARY I [ I 19 Coverall I I I I I ECR Pro I I I t l G & C I l l I High I I I I I [ 1 t 1 1 Omega Criteria Percent Health- Janitorial Building Quality Jani King Cleaning Based Inc. Maintenanc Cleaning of Houston Concepts Cleaning e Services t t r r r r r r r r r r r Qualifications: Cleaning and supervisory staff shall be capable and bondable to funs I and abide by specifications 30 %5.04,04.03.03.0 5.71.01.01.03.03.0 2.72.01.01.03.04,0 3.31.02.01.03.03.0 3.04.02.01-03.03.0 3.95.04.04.03.03.0 5.7 Experience: Experience in janitorial services, including but not limited to years, history, and references 30 %5.04.03.02.03.0 5,1 1,11 2,13 3.0 3.0 3.012-0 1.0 4.0 3.0 3.61.01.01.03.03.0 2.74.03.01.03.04.0 4.514.0 3.0 4.0 3.0 5.1 Cost Monthly fees for buildings, Submittal of number of persons and estimated hours may be considered 20 %4.05.03.04.04.0 4.03.03.03.01.03.0 2.65.05.03.05.03.0 424.04.03.03.03.0 3.42.04.02.01.02.0 2-2 3.013.0 4.0 2.0 4.0 32 Quality of supplies and paper products. using brand names or equal product 20%2.03.03.03.03.0 2.8 3.0 2.0 4.0 3.0 3.01 3.03.03.04.03.03.0 322,01.01,03.03.0 2.02.03.01.03.03.0 2.4 5.0 2-0 3.4 Final Scores 100% 17.6 11.3 14.3 1 11.1 1 1 1 1 13.0 17 4 REOUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: October 24, 2011 Requested By: D Mi Department: Public Works Report: Resolution: Ordinance Exhibits: Bid Tabulation Exhibits: Bidders List Exhibits Budgeted Item: yes SUMMARY & RECOMMENDATION Sealed Bid 412005 for plastic garbage bags were opened and read on October 4, 2011. Bid packages were sent to 36 vendors, with 7 returning bids. Bids were requested for 27,500 rolls (1.5 mil thick; 30 gallon size). This represents distribution of 3 rolls of bags to each residential customer in the city, with approximately 2,000 rolls for new services and 2,000 for sale. Bags are scheduled for distribution in February. Delivery is scheduled for early December. Low bid was submitted by Houston Poly Bag for $3.92 per roll, or a total of $107,800 for 27,500 rolls of 30 gallon bags. Last year's price was 3.61 / roll; 2009 — 3.45; 2008 — 3.94/ roll; 2007 — 3.51 / roll. A total of $115,000 is available. Action Required by Council: Approve the purchase of 27,500 rolls of 1.5 mil, 30 gallon plastic garbage bags from Houston Poly Bag in the amount of $107,800 Approved for City Council Agenda Traci E. Leach, Assistant City Manager Budget Source of Funds: General Fund Account Number: 001 - 7072 -532 -2015 Amount Budgeted S115,000 Amount Requested: S 107,800 Date BID TABULATION #12005 - PLASTIC GARBAGE BAGS DESCRIPTION QTY/ ROLLS HOUSTON POLY BAG CENTRAL POLY CORP DYNA PAK CORP RESOURCEFUL BAG AND TAG JADCORE ALL AMERICAN POLY GRAINGER Garbage Bags 27,500 $3.92 $4.10 $4.17 $4.40 $4.54 8.02 12.25 30 gallon1.5 mil TOTAL PRICE $107,800.00 1 $112,750.00 1 $114,675.00 1 $121,000.00 i $124,850.00 i $220,550.00 i $336,875.00 Information reflects pricing only and other factors may be considered during the evaluation process BIDDER'S LIST SEALED BID #12005 PLASTIC GARBAGE BAGS ALL AMERICAN POLY 40 Turner Place Picataway, NJ 08854 JADCORE, INC. 4096 N Private Rc, 220 E Brazil, IN 47834 LONE STAR PLASTICS 2875 Market St., Suite 100 Garland, TX 75041 ALPHA BAGS 4238 11 Street Long Island, NY WASTE ZERO 5180 Horry Drive Suite B Murrells Inlet, SC 29576 BORITEX, INC. PO Box 171088 Arlington, TX 76003 INTERBORO PACKAGING CORP. 114 Bracken Road Montgomery, NY 12549 GULF COAST PAPER PO Box 1540 11101 Clute, TX 77531 DYNA -PACK CORPORATION 112 Helton Dr. Lawrenceburg, TN 38464 KENT LANDSBERG 10000 W. Sam Houston Pkwy N Houston, TX 77064 RESOURCEFUL BAG & TAG 6420 West 127 Street, Ste 212 Palos Heights, IL 60463 HOUSTON POLY BAG, LTD 11726 Holderrieth Road Tomball, TX 77375 CENTRAL POLY CORP 18 Donaldson PI Linden, NJ 07036 PHOENIX RECYCLING 5180 Horry Drive Suite B Murrells Inlet, SC 29576 EARTHENCARE 288 Leroy Ave Cejarhurst, NY 11516 EPOLYSTAR FORDION PACKAGING, LTD. 185 Linden Street Hackensack, NJ 07601 QUILL CORPORATION 100 Schelter Rd. Lincolnshire, IL 60069 PROFESSIONAL BUYERS 5780 Alton Road Miami Beach, FL 33140 CHOICE ENTERPRISES INC. 9076 E. Colorado Cir Denver, CO 80231 SPECIALMADE GOODS & SERVICES, INC. 141 Marcel Drive Winchester, VA 22602 AMC COMMODITIES INTERNATIONAL LTD. 8763 Maplewood Clarkston, MI 48348 Onvia, Inc 509 Olive way # 400 Seattle, WA 98101 2085 Burroughs Ave San Leandro, CA 94577 Star Poly Bag Inc 94 North 13 St Brooklyn, NY 11211 Government Outsourcers LLC PO Box 4521 Harbor Springs, MI 49740 Highpoint Sanitary Solutions 301 Garden Oaks Blvd Houston, TX 77018 ACME Supply Co., LTD 10 Cedar Swamp RD # 7 Glen Cove, NY 11542 Memco 10701 E Winner Rd #230 Independence, MO 64052 All American Poly 40 Turner Place Piscataway, NJ 08854 AA Poly Bag Company 2201 Midway Rd # 304 Carrollton, TX 75006 Ocuture 11930 Camby Park Dr Houston, TX 77047 ConSery Flag Company 1003 Illinois St Sidney, NE 69162 Unipak Corp PO Box 300027 Brooklyn, NY 11230 -2207 Globl Industry Products 1111 Grier Drive Bldg A Las Vegas, NV 89119 Central Poly Corp 18 Donaldson Place Linden, NJ 07036 C & C Business Solutions Inc 915 Springer Ct Lawrenceville, GA 30043 REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: 10 -24 -11 Requested By: Kenith Adeox Department: Report: X Resolution: Ordinance: Exhibits: FY 2011 Chanter 59 Asset Forfeiture Report By Law Enforcement Agencv and Related Financial Records Back Up Budget Source of Funds: Account Number: Amount Budgeted: Amount Requested: Budgeted Item: YES NO SUMMARY & RECOMMENDATION Per Chapter 59 of the Texas Code of Criminal Procedure, Article 59.06 (g) (1), "All law enforcement agencies and attorneys representing the state who receive proceeds or property under this chapter shall account for the seizure, forfeiture, receipt, and specific expenditure of all such proceeds in an audit, which is to be performed annually by the commissioners court or governing body of a municipality, as appropriate." A completed FY 2011 Chapter 59 Asset Forfeiture Audit Report By Law Enforcement Agency is attached, along with a summary of the fund balance, revenues and expenditures provided by the Finance Department, a spreadsheet indicating all revenues and expenditures for the fiscal year, a financial print out for all revenues and expenditures reported under the state seizure project number (SZST) and copies of all expenditure receipts are attached for council review. Action Required by Council: Approve FY 2011 attached audit/asset forfeiture report as required by Chapter 59 of the Texas Code of Criminal Procedure. Approved for City Council Agenda Traci E. Leach, Assistant City Manager Date FY 2011 CHAPTER 59 ASSET FORFEITURE REPORT BY LAW ENFORCEMENT AGENCY Agency Name: SEIZED FUNDS Reporting Period: A) La Porte Police Department (local fiscal year) Agcncy Mailing Instructions: Include total amount of scizcd fiends on hand (in your agency's possession) example: Address: 3001 North 23rd Street La Porte, TX 77571 - Phone Number: $ B) 281 - 842 -3190 Con my: Harris Instructions. Include only those seizures which occurred during the reporting period and Email Address: This should be a bedfordm @laportetx.gov penuanent agency c nail address NOTE: PLEASE ROUND ALL DOLLAR FIGURES TO NEAREST WHOLE DOLLAR. 10 -1 -10 to 9 -30 -11 01101/11 W12131/11, 09/01/10 to 08/31/11 etc. 1. SEIZED FUNDS A) Beginning Balance: Instructions: Include total amount of scizcd fiends on hand (in your agency's possession) at beginning of reporting period, Include fiords that may have been forfeited but have not been transferred to your agency's forfeiture account. Do not include fiends that arc in an - account held by another agency, e.g., the District Attorney's account. $ B) Seizures During Reporting Period: Instructions. Include only those seizures which occurred during the reporting period and where the seizure affidavit required by Article 59.03 is sworn to bya peace officer employed by your agency. 1) Amount seized and retained in your agency's custody. $ 2) Amount seized and transferred to the District Attorney pending forfeiture. $ 21,540.00 C) Interest Earned on Seized Funds During Reporting Period: Instructions: Enter amount of interest earned on funds in your agency's seizure account during the reporting period. Do not include interest earned if funds are on deposit in an - account that does not belong to your agency, e.g. the District Attorney's account. S D) Amount Returned to Defendants/Respondents: S E) Amount Transferred to Forfeiture Account: Instructions: hncludealt amounts in your agency's possession forfeited during the reporting period and transferred to your forfeiture account. Do not include funds that are in an - account held by another agency, e.g. the District Attorney's account. S F) Ending Balance: _ Instructions: Add lines A, B(I), and C, subtract lines D and E, put total in line F. $ Fom Date 61141 t l Page 1 1I. FORFIITED F UNDS FORFEITED TO A) Beginning Balance: currency amount. Example 4 cars seized, 3 cars Instructions: Include total amount of forfeited fiends that have been forfeited to your DEFENDANTS / BY AGENCY agency and arc on hand (in your agency's account or in your agency's possession) at beginning of the reporting period including interest. Do not include finds that have been 68,53D l) MOTOR VEHICLES (include cars, motorcycles, forfeited but not yet received by your agency. 1 B) Amount Forfeited to and Received by Reporting Agency (Including Interest) During tractor trailers, etc.) Reporting Period: Instructions: Do not include amounts forfeited but not yet received by your agency; interest refers to the amount earned prior to forfeiture and distributed as part of the 29,135 one item) judgment of forfeiture. S C) Interest Famed on Forfeited Funds During Reporting Period 3) COMPUTERS (Include computer and attached Instructlons: Include, only the amount of interest earned on funds in your agency's forfeiture account or interest earned on fiords derived from the sale of forfeited property 195 during the repoding period, Do not include interest earned if funds are on deposit in an $ one item) account that does not belong to your agency, e.g. the District Attorney's account. D) Proceeds Received by Your Agency Froth Sale of Forfeited Property: 4) FIREARMS (Include only firearms seized for Instructions: Include amounts received for all property sold during the reporting period, 1,250 even if the subject property was forfeited in a prior reporting period. $ E) Total Expenditures of Forfeited Funds During Reporting Period: 34,847 disposed under Chapter IS.) Instructions: From Total on Section VI. 8 F) Ending Balance: 64,263 S Instructions: Add lines A through D, subtract line E, place total in line F. III. OTHER PROPERTY Instructions: List the number of items seized for the following categories. include only those seizures where a seizure is made by a peace officer employed by your agency. If property is sold, list under "Proceeds Received by Your Agency From Sale of Forfeited Property" in Section II (D) in the reporting year in which the proceeds arc received. Please note - this should be a number not a SEIZED FORFEITED TO RETURNED TO PUT INTO USE currency amount. Example 4 cars seized, 3 cars AGENCY DEFENDANTS / BY AGENCY forfeited and 0 cars put into use. RESPONDENTS l) MOTOR VEHICLES (include cars, motorcycles, 3 1 0 1 tractor trailers, etc.) 2) REAL PROPERTY (Count each parcel seized as one item) 3) COMPUTERS (Include computer and attached system components, such as printers and monitors, as one item) 4) FIREARMS (Include only firearms seized for forfeiture under Chapter 59. Donotincludewcapons disposed under Chapter IS.) 5) Other Property - Description: Other Property - Description: Other Property - Description: Fore} Date 6.!14111 Page 2 IV. FORFEITED PROPERTY RECEIVED FROM ANOTHER AGENCY Instructions: Enter the total number of items transferred to your agency where the forfeiture judgment awarded ownership of the property to another agency prior to the transfer. A) Motor Vehicles (the number of vehicles, not a currency amount): ' B) Real Property (the number of separate parcels ofproperty, not a currency amount): - C) Computers (the ncunbcr of computers, not a currency amount): ' D) Fireanns (the number of firearms, not a currency amount): ' E) Other (the number of items, not a currency amount): ' V. FORFEITED PROPERTY TRANSFERRED OR LOANED TO ANOTHER AGENCY Instruettorrs: Enter the total number of items transferred or loaned from your agency where the forfeiture judgment awarded ownership of the property to your agency prior to the (ransfer. A) Motor Vehicles (the number of vehicles, not a currency amount): B) Real Property (the number of separate parcels of property, not a currency amount: C) Computers (the number of compu(ers, not a currency amount): " D) Firearms ( the number of firearms, not a currency amount): " E) Other (the number of items, not a currency anmount): VI. EXPENDITURES Instr LIC001IS: This category is for Chapter 59 expenditures SOLELY for law enforcement purposes - not for expenditures made pursuant to your general budget. List the total amount expended for cacti of the following categories. If proceeds arc expended for a category not listed, state the amount and nature of the, expenditure under the Other category. A) SALARIES 1. Increase of Salary, Expense, or Allowance for Employees (Salary Supplements): $ O 2. Salary Budgeted Solely From Forfeited Funds: so 3. Number of Employees Paid Using Forfeiture Funds: 0 TOTAL SALARIES PAID OUT OF CHAPTER 59 FUNDS: B) OVERTIME 1. For Employees Budgeted by Governing Body. 0 2. For Employees Budgeted Solely out of Forfeiture Funds: S 0 3. Number ofEmployees Paid Using Forfeiture Funds: 0 TOTAL OVERTIME PAID OUT OF CHAPTER 59 FUNDS: 0 Foam date 6114111 Page 3 C) EQUIPMENT 1. Vehicles: S 0 2. Computer,: $23,734 3, Fircanns, Vests, Personal Equipment: $ 3,971 $ 0 4. Furniture: 5, Software: $ 5,087 6, Maintenance Costs: $ 0 7. Uniforms: $ 0 8, K9 Rclated Costs: $ 0 $ 0 $ 32,792 9. Otltcr (Provide Detail on Additional Sheet): TOTAL EQUIPMENT PURCHASED WITH CHAPTER 59 FUNDS: D) SUPPLIES 1. Office Supplies: $ 580 2, Cellular Air Time : $ 0 3. Intemet: $ 0 4. Other (Provide Detail on Additional Sheet) : $ 580 TOTAL SUPPLIES PURCHASED WITH CHAPTER 59 FUNDS $ 580 E) TRAVE 1. Tota In St Travel a) Lodging: b) Air Fare: c) Meals (inc l u ding per diem): d) Car Rental: 2. Total Out of State Tr a) Lodging: b) Air Fare: c) Meals (including per die d) Car Rental: 3. Fue 4. Parking: s0 so s0 $0 s0 so $0 $0 so $0 Form Date 6114111 Page 4 5. Other (Provide Detail on Additional Sheet): 1 $0 TOTAL TRAVEL PAID OUT OF CHAPTER 59 FUNDS: S O F) TRAINING 1. Fees (Conferences, Seminars); $ 1,475.00 2. Materials (Books, CDs, Videos, etc.): SO 3. Other (Provide Detail on Additional Sheet); so TOTAL TRAINING PAID OUT OF CHAPTER 59 FUNDS g 1,475.00 G) INVESTIGATIVE COSTS 1, Infonnant Costs; $ 0 2. Buy Money: $0 3. Lab Expenses: $0 4. Other (Provide Detail on Additional Sheet) : $ 0 TOTAL INVESTIGATIVE COSTS PAID OUT OF C 59 FUN S 0 H) TOTAL PREVENTION/TREATMENT PROGRAAISIFINANCIAL ASSISTANCE I, Total Prevention/Treatment Programs (pursuant to 59.06 (h), (0, Q); $ 0 2, Total Financial Assistance (pursuant to Articles 59.06 (n) and (o)); $0 TOTAL PREVENTIONITREATM ENT PROGRANTSlFINANCIAL $ 0 ASSISTANCE (pursuant to Artletes 59.06 (h), (1), 0 ), (n), ( 1) FACILITY COSTS 1. Building Purchase: $ 0 $0 2. Lease Payments: $0 3. Remodeling; $ 0 4, Maintenance Costs: $0 5. Utilities: 6. Other (Provide Detail on Additional Sheet): $ 0 TOTAL FACILITY COSTS PAID OUT OF CHAPTER 59 F UNDS: S 0 J) NtISCELLANEOUS FEES 1. Court Costs; s0 2. Filing Fees: SO Fors Date 6114111 Page 5 3. hlsurance: $ 0 4. witness Fees: $ 0 5. Audit Costs and Foes: $ 0 6. Other (Provide Detail on Additional Sheet): $ 0 TOTAL MISCELLANEOUS FEES PAID OUT OF CHAPTER 59 FUNDS; $ 0 K) 'TOTAL PAID TO COOPERA'T'ING AGENCY(TES) PURSUANT TO I S 0 LOCAL AGREEMENT: L) TOTAL OTHER PAID OUT OF CHAPTER 59 FUNDS (provide detailed ! 0 descriptions on additional sheet(s) and attach to this report): l I $ NI) TOTAL EXPENDITURES: S34,847.00 NOTE: If you are governed by a Commissioners Court or a City Council, BOTH CERTIFICATIONS MUST BE COMPLETED. Otherwise, please complete the Agency Head Certification. CERTIFICATION I swear or affirm that the Commissioners Court or City Council has conducted the audit required by Article 59.06 of the Code of Criminal Procedure, unless after dale inquiry, it has been determined that no accounts, funds or other property pursuant to Chapter 59 of the Code of Criminal Procedure are being held or have been transacted in the relevant fiscal year by the agency for which this report is being completed, and that upon diligent inspection of all relevant documents and supporting materials, I believe that this asset forfeiture report is true and correct and contains all of the required information. COUNTY JUDGE, MAYOR or CITY MANAGER (Printed Name): SIGNATURE: DATE: AGENCY HEAD CERTIFICA'T'ION I swear or affirm, under penalty of perjury, that I have accounted for the seizure, forfeilure, receipt, and specific expenditure of all proceeds and property subject to Chapter 59 of the Code of Criminal Procedure, and that upon diligent inspection of all relevant documents and supporting materials, this asset forfeiture report is true and correct and contains all information required by Article 59.06 of the Code of Criminal Procedure. I further swear or affirm that all expenditures reported herein wore lawful and proper, and made in accordance with Texas law. AGENCY HEAD (Printed Name): Kell Adcox, Chief of Police SIGNATURE: Fonn Date61lV11 Pap 6 DATE: RETURN COMPLETED FORM TO: Office of the Attorney General Criminal Prosecutions Division P.O. Box 12548 Austin, TX 78711-2548 Attn: Kent Richardson (512)936 -1348 kenl.ricliurdson rRoag.state.tx.us WE CANNOT ACCEPT FAXED OR EMAILED COPIES. PLEASE MAIL THE SIGNED, ORIGINAL DOCUMENT TO OUR OFFICE AT THE ADDRESS ABOVE, Form Date OWL l page 7 City of La Porte Seized Funds Reserve Balance Adjustment 913012011 State Beginning Balance 10 -1 -10 (a) $ 68,530.10 Add: Receipts Less: Expenditures 30,385.14 (032-0000-407-34-00) (Project SZST) (34,846.88) (Project SZST) Balance to transfer to reserve (b) 0,461.74 Add: Interest earnings fiscal year 2011 (c) 194.77 Ending Balance 9 -30 -11 (a +b+c) $ 64,263.13 PREPARED 10/07/2011, 15:41:24 CITY OF LA PORTE PAGE 1 PROGRAM GM186L PROJECT ACTIVITY LISTING ACCOUNTING PERIOD 12/2011 PROJECT:SZST - CONFISCATED FUNDS -STATE TYPE: GR- GRANTS SUB -TYPE: PD- POLICE DEPARTMENT STATUS: ACTIVE ------------------------------------------------------------------------------------------------------------------------------------ BUDGET PROJECT -TO -DATE YEAR -TO -DATE ENCUMBERED BALANCE TYPE CHK# TRAN DT REF # VOUCH# VEND # DESCRIPTION TRANS AMT TRANS ENCUMBERED FISC YR PERIOD --------------------------------------------------------------------------------------------------------------------------------`--- 32- 0000 - 407.34 -00 CONFISCATED FUNDS- .00 30,385.14- 30,385.14- -00 30,385.14 TF 10/06/2011 SALE OF 1999 CHEVROLET 1,250.00- 00 2011 12 MALIBU CR 08/15/2011 0131357 STATE SEIZURE 1,562.60- 00 2011 11 LAPOBEB 08/15/11 01 CR 06/09/2011 0106208 STATE SEIZURE 1,692.13- _00 2011 09 LAPOBEB 06/09/11 01 CR 06/01/2011 0102360 FEDERAL SEIZURE 6,214.08- 00 2011 09 LAPOBEB 06101111 01 CR 04/27/2011 0086576 STATE SEIZURE 137.94- .00 2011 07 LAPOBEB 04/27/11 01 CR 04/27/2011 0088579 STATE SEIZURE 10,182.65- 00 201I 07 LAPOSEE 04/27/11 02 CR 04/27/2011 0088581 STATE SEIZURE 84.63- -00 2011 07 LAPOBEB 04/27/11 03 CR 04/18/2011 0084694 STATE SEIZED FUNDS 1,158.65- 00 2011 07 LAPOBEB 04/18/11 01 CR 02/24/2011 0064549 STATE SEIZURE 7,041.69- .00 2011 05 LAPOBEB 02/24/11 01 AJ 10/26/2010 152 REVERSE RECEIVABLE SETU 4,288.77 .00 2011 O1 AT 9/30/10 FOR STATE FUND AJ 10/26/2010 152 REVERSE RECEIVABLE SETU 16,236.89 .00 2011 01 AT 9/30/10 FOR STATE FUND AJ 10/26/2010 152 REVERSE RECEIVABLE SETU 951.98 .00 2011 O1 AT 9/30/10 FOR STATE FUND CR 10/18/2010 0005854 STATE SEIZED FUNDS 1,060.77- 00 2011 O1 LAPOBEB 10/18/10 01 CR 09/30/2010 0149377 STATE SEIZED FUNDS 4,288.77- .00 2011 01 LAPOSEB 09/30/10 03 CR 09/30/2010 0149375 STATE SEIZED FUNDS 16,236 -89- 00 2011 01 LAPOBEB 09/30/10 O1 CR 09/30/2010 0149376 STATE SEIZED FUNDS 951.98- .00 2011 01 LAPOBES 09/30/10 02 TRANSACTION TOTAL: 30,385 -14- .00 32- 5253 - 521.20 ----------------------------------------------------------------------------------------------------------------- -15 OTHER SUPPLIES 1,000 -00 4,459.50 4,459.50 .00 3,459.50 - AP 09/14/2011 001288 435276 CITIBANK 908.10 .00 2011 12 ALL AMERICA SALES CORP CARGO BARR FOR DOT SUV AP 254665 03/07/2011 004840 433765 JPMORGAN CHASE 518.90 .00 2011 05 GT DISTRIBUTORS INC GUN LOCKER AP 254276 01/10/2011 004025 433765 JPMORGAN CEASE 693.50 .00 2011 04 COP STOP PATROL BAGS FOR SUPPLIES AP 253737 12/30/2010 002857 433765 JPMORGAN CHASE 1,784.00 -00 2011 04 COP STOP PATROL BAGS AP 253737 12/09/2010 002854 433765 JPMORGAN CHASE 66.00 .00 2011 04 COP STOP FIELD EQUIPMENT & PATROL AP 253071 10/22/2010 000333 433765 JPMORGAN CHASE 469.00 .00 2011 01 ADAM STEVEN ASSOCI 5000 CUSTOMIZED PENCILS TRANSACTION TOTAL: 4,459.50 -00 , -----------------°_--------------------_------------------------------------------------------------------------- 32 -5253- 521.20 -90 MACHINERY /TOOLS /EQ 5,548.00 25,024.96 25,024.98 .00 19,476.96- PREPARED 10/07/2011, 15:41:24 CITY OF LA PORTE PAGE 2 PROGRAM GM186L PROJECT ACTIVITY LISTING ACCOUNTING PERIOD 12/2011 PROJECT:SZST - CONFISCATED FUNDS -STATE TYPE: GR- GRANTS SUB -TYPE: PD- POLICE DEPARTMENT STATUS: ACTIVE --------------------------------------------------------°_-----------------------------_-------------------------------------------- BUDGET PROJECT -TO -DATE YEAR -TO -DATE ENCUMBERED BALANCE TYPE CHK# TRAN DT REF # VOUCH# VEND # DESCRIPTION TRANS AMT TRANS ENCUMBERED FISC YR PERIOD ------------------------------------------------------------------------------------------------------------------------------------ AP 256050 05/17/2011 007542 433765 JPMORGAN CHASE 1,200.00 .00 2011 OS CRIMEREPORTS CRIME STOPPERS REPORTS AP 254856 03/11/2011 110315 PI2635 434136 AUDIO VISUAL TECHNOLOGI 4,037.07 4,037.07- 2011 06 MACHINERY, TOOLS, & EQUP EN 02/25/2011 110315 434136 AUDIO VISUAL TECHNOLOGI .00 4,037 -07 2011 OS PO ENTRY MACHINERY, TOOLS, & EQUP AP 254276 01/31/2011 004029 433765 JPMORGAN CEASE 813.00 .00 2011 04 TOTAL SECURITY DVR ELECTRICAL BOX TF 01/03/2011 KUSTOM SIGNALS CP1087 18,884.00 .00 2011 06 FROM 2010 AP 253071 10/15/2010 000331 433765 JPMORGAN CHASE 90.91 .00 2011 Ol VISTAPR *VISTAPRINT.COM CRIME STOPPERS CARDS EN 10/01/2010 CP1087 430534 KUSTOM SIGNALS, INC. 00 18,884.00 2011 01 PRIOR YR ENCUMB EN 10/01/2010 CP1087 430534 KUSTOM SIGNALS, INC. .00 18,884.00- 2011 01 PRIOR YR ENCUMB TRANSACTION TOTAL: 25,024.98 .00 32 -5253- 521.20 --------------------------------------------------------------------------------------- -93 COMPUTER EQUIPMENT 4,000 -00 3,887.40 3,887.40 -00 112.60 EN 03/03/2011 110319 435164 ANDERSON SOFTWARE, LLC .00 299.40 2011 06 PO ENTRY MACHINERY, TOOLS, & EQUP AP 254703 12/28/2010 110319 P12553 435164 ANDERSON SOFTWARE, LLC 299.40 299.40- 2011 06 MACHINERY, TOOLS, & EQUP EN 10/25/2010 110057 434721 CRIME REPORTS .00 3,588.00 2011 01 PO ENTRY MACHINERY, TOOLS, & EQUP AP 252710 09101/2010 110057 PI0362 434721 CRIME REPORTS 3,588 -00 3,588.00- 2011 01 10112010 - 10102011 TRANSACTION TOTAL: 3,887.40 .00 32- 5253 - 521 -30 ---------------------------------------------------------------------------°__----------------------------------- -20 TRAINING /SEMINARS .00 1,475.00 1,475.00 -00 1,475.00 - TF 10/04/2011 SWAT MEDIC TRAINING 500.00 -00 2011 12 TF 09/27/2011 SWAT MEDIC TRAINING 975.00 00 2011 12 TRANSACTION TOTAL: 1,475.00 .00 ------------------°°__----------------------°__--------------------___------------------------------------------- e =® PROJECT: SZST =... — --- P R O J E C T T O T A L S .­= o..==== a==== Q­Gm ........... . .. m===om --------- CLASSIFICATION TOTALS: REVENUE: 30,385.14 - EXPENDITURES: 34,846.88 TRANSACTION TOTAL: 4,461.74 ESTIMATE COMPARISON: .00 4,461.74 4,461 -74 (ACTUAL) SUMMARY TOTAL: 10,548.00 4,461.74 4,461.74 00 4,461.74- 00 6,086 -26 FY 11 Transactions - 032- 0000 - 407 -3400 Proiect # SZST Date Credit Debit Description Balance Forward 67714.83 244.13 2010 interest 571.14 Interest Adjustment 10/18/2010 1060-77 2008 -16614 Richard Warren 18,884.00 Kustom Signals DVR ENCUMBRANCE 90.91 Vista Print - Crime Stoppers Cards 489.00 Crime Stoppers- Pencils 3,588.00 Crime Reports Subscription 1/10/2011 693.50 Cop Stop - Patrol Bags for Supplies 12/30/2010 1,784.00 Cop Stop - Patrol Bags for Supplies 12/28/2010 299.40 Anderson Software 12/9/2010 66.00 Cop Stop - Patrol Sag Supplies 1/28/2011 813.00 Total Security Inc. - DVR Utility Box 2/18/2011 4,037.07 Audio Visual Technologies - AV Equipment for Briefing Room (Crime Review) 2/23/2011 7041.69 Cause # 2009 -29641 - Antonio Mojica - State Seizure Ch# 0680616617 3/17/2011 518.90 GT Distributors - Gun Locker 4/18/2011 1158.65 2009 -46117 - Hill, Richard - CH#0680617356 OR #1 -09 -215S1 4/27/2011 137.94 cause # 2009 -50654 - Michael Boudreaux CH#0680617636 4/27/2011 10182.65 Cause # 10 -03260 Kathy Contreras CH #0680617689 4/27/2011 84.63 Cause # 2009 -31607 - David Garcia and Delfino Arzate Ch #0680617492 5/16/2011 1,200.00 Crime Reports - Tip5oft Online for Campus Crimestoppers 5/31/2011 6,214.08 2011v -0033 Austin County 6/9/2011 1692.13 Cause number 2009 - 63304, Hefley, Jeremy 8/15/2011 1562.60 Cause number 2009 -82084 Hill, Richard 7/1/2011 1250.00 1999 Chevrolet Malibu Sold In Auction 9/14/2011 908.10 Cargo Barrier for DOT Vehicle - Equipment for supervisor 9/27/20111 1,475.00 SWAT Medic Training State Balance Available 98915.24 34,846.88 Q�1�Rsrerxue ,. $64,0 69-36 09/12/2011 14:25 7139448404 ALL AMERICA SALES ALL• AM RICA SALES CORPORATION 104 1410 COLLEGE AVENUE 713-944-8400 N V O z C n OOUTH HQU5TON, TEXAS 77587 REMIT TO v P.O. BOX 12743 HOUSTON, TEXAS 77217 Sold To 471- -3$7.0 L pORTE POLICE AEPARTMENT 3001 X. 23RD xTArET L,ApDRTE, Tx. 77571 Bale.. �CHC /F14T ) Iftitten by . [MICHAEL ] Customer POO {R ] PAGE 01/01 t [VOICE : 59773 DATE s 06/22/3.1, Pg : I t4 47x. -3s7 -a LAE �E POLIC3 DEPARTMENT 3d0 23RD STREET TL ,A-p 1 x :, TE, TX, 77571 1 I Time.,[ 10.16:21 1 P R O D U C T Q T Y L/C. item Number....,.., .. Description ....... ..ordQred._.. PAT 475-01,537 CARGO BARR WIM'ES 2,OdOd 49 LAB 1 INSIDE LABOR 2 ()O 7 { { LhAOR. TO INSTALL CWV20 BARRIER :[INTO POR'A TION C E' vthorized By , 4 1 1 � 1 � � 8 4 V i y 1 � 1 � 1 i 2 i i 1 i S Triare will be an addiCional. 20, Min, cRg. per insta7A1 for mssc. r-s minala a h IL T C I N_ G Lot . , .jjn;Ltprice .... Amount .Od 379.80 759.50 )Il+36 xAf, VEHIC) ) S F i ;Lab=........ 148.50 ;Parts.... 759.6a TCTA_t1. . TH�kv C you foR XQUL , nuoXI E93111 a a T � U • L.1 � ~ p � ..dry X . - -•.. Yp y.- b Y S 4 ar 9 � • j�O'a' qry y qJ l Ul V L .4 o m n E' vthorized By , 4 1 1 � 1 � � 8 4 V i y 1 � 1 � 1 i 2 i i 1 i S Triare will be an addiCional. 20, Min, cRg. per insta7A1 for mssc. r-s minala a h IL T C I N_ G Lot . , .jjn;Ltprice .... Amount .Od 379.80 759.50 )Il+36 xAf, VEHIC) ) S F i ;Lab=........ 148.50 ;Parts.... 759.6a TCTA_t1. . TH�kv C you foR XQUL , nuoXI E93111 Invoice GT Distributors - Austin P.O. Box 16080 Austin TX 78761 (5121451 -8298 La Porte Police Department TX Attn: Accounts Payable 604 W Fairmont Pkwy La Porte TX 77571 Bill To: cc 001771 Ordered 5 1ppe ; SiQ ; 1 1 0 fT DISFRI13UTORS ` 13C 26g5 BROCKrON DR SfE 100 AW 1N. IX 78758 512 -951 -6290 1 $6845555871092 Nei-chant ID: 555597109200 Ref 1: 00 Phone Order XXXXXXXXXXXX3592 MI611HRRD Entry Method; Manual Total: 518,90 1 ..03�04�11 09:21:10 l nv b: H 9001 Rppr Code; 032938 Rpprvd� Online Ba #chili 900696 AV$ Code; ZIP MAIN Z CVV2 Code, MATCH M PO b; 697886 1 aeree to pay above total an 11 according to card issuer• aeree ®ent (Nerchant aoreepent if credit voucher) X ---- - - - - -- b ».. ........ Nerchant Copy THANK YOU fajVOice; - INVO344086 `4'te`. `` r: == ' 3/4/2011 6ffi: "" ' DPT000122021 0333FJ IV. La forte Police Department 3001 North 23rd Attn :Sgt. Upchurch La Porte TX 77671 AP FACTORY DIRECT I NET 15 )* I Tufloe 14" Gun Locker FFL Number: Expiration Date: All returns must be authorized by GT Distributors. Interest charges on past due invoices at the maximum rate allowed by law. Your salesperson is Dan Davis. Thank youl Michelle Bedford 281 - 842 -3190 2/18/2011 1 697,886 QM rftt Price #NtiTTM Q EA 1 $479.951 $479.95 18,90 $0.00 G T Distributors Product Detail Home Site Map ® Forms JU ,noppmy 1,AW i gip i i a4n Search: Product Catettories u~ Gun Accessories >> Safes >> mart ## TFL-73 -8XGUN By Manufacturers • Gift Cards Gift Ideas • Accident/Crime Scene • Alcohol /Drug Testing • AppareV600tslGloves Apparel for Women • Armor • Badgeslinsignia • Bags /caseslwallets Duty Gear /Holsters • EMS/Medical • FlashlightlGlowstick • Gun Accessories • AR15IM4 Accessories • Gun Care Guns & Ammo • ID & Fingerprint • Knives/Tools • Less Lethal • Miscellaneous • Optics & Nightvision • Restraints • Tactical Equipment Training Equipment • Traffic Equipment • Vehicle Equipment • New Products • Specials & Closeouts Customer Service • Request a Quote • Announcements & Training • Ordering help • forms • Track Package Policies Weapons Policy • Contact Us GT Jobs • Company Info • Links Catalog Request Part # TFL -73 -8XGUN GT Price $159.95-$499.95 Please Call or Email for Pur chug Information CLICK HHRI Page I of z ; 1-900 -775 -5996 TUFLOC Gun Locker Smaller version of the above security lockers primarily for weapons. Each box within the module is padded to protect contents and measures 13.5° deep x 14" wide. Your choice of combination, keyed or keyed -alike locks. Finished in white baked epoxy. • Model 800 -14"(8,3,6" high boxes) • Model 810-7" (4, 3.5" high boxes) • Model 820 - 7" (2, 7" high boxos) • Model 830 - 7° (1, 7" High Box) Due to the volatility of current freight charges, please call for a shipping quote. G La c. *H7� 'g5- d 3S I5 X518 9 -' 0 32 525352 1 �0(S .SZJ T Receive email updates on sales and specials htti):ll www.g tdist. com/ ProductDetail .aspx ?PartNumbcr= TFL -73 -8XGUN 2/10/2011 10/10/2011 12:30 2814127354 COP STOP INC PAGE 01101 12/2412610 2:04 PM Sales Itacelpt #24324 Sicre: 1 REPRINTED COAPSI Z 4 ' ' . Cop Stop Inc. 6831 Broadway Ste F Pearlend, TX 7758 Phone: (281) 412.7398 Fax: (201)4127354 - e+�rw.capstap,com 6111 To. La Porte Police Dept La Porte Police Dept 3001 North 23rd La Pang, Texas 77571 Cashler: Rick 9$gr �10_Tl 1 - -- --- {! . Price Ext PfICa Pape 1000 Crfme Sc t $b.87 -- 5633'WO ; - -- - -- - -- – -- Subtotal: $693.54 E=xempt 0 % Tax: +$0.00 RECEIPT TOTAL: $893,50 AccQunl, $$93,50 r Signature _— agrea to pay above amount according to card Issuer agfoomont (mer4hant agreement if omda vQvoer). FrevlQUs Account Balance: $1,81100 Account Balance: $2,506,50 'total Deposit Taken: SOHO Balance Outitanding: 46,00 Tot Soles Discounts; 554.00 From Sates Order #1658 Need your gear or apparel customlzed7 Ask about our In -Nousa Custom i5hcp "Like" us on Facebook: Cop Stop All Sales are final on footwear, apparel, caps and roadar or oustorn ordar5, All weapon and ammunition sales are final, no retums or exchanges wilt be excepted. Exchanges and Returns must be within 10 days with sales receipt and must be In original package with the original tags still an the product and able to be resold. A 20 restackinp fee veil bt! gppltad to all rAturns. All remaining balances on exchanges will result In an in-store ar No Raturns m gift Cards. LIKE US ON FACEBCOK - COP STOP INC, 'there will be a $29.00 fee on all returned checks. NO EXCEPTIONS .,- ...,. ,,.,, .,. ,.., C LE PA Copy 032 - 3 >•Z0 2.S7 Phone: (281) 412 -7358 Fax: (281) 412 -7354 wnww,copstop.com Bill To: La Porte Police Dept La Porte Police Dept 3001 North 23rd La Porte, Texas 775 1 C� a ter: Ric � 'le crt fp ion 1 _ (qty Price Uxt Pr tc. i e 1000' Grime Sc 50 $$13.87 $ $683.; . D% 7, 22% Subtotal 09' Exempt 0 % Tax: + $•' R1rCEIPT TOTAL: $69 Account: $693.50 ter i ignature _ _ - — - - f agree to pay 8160 amoun accord111g to . d issuer. agreement (merchant agreement If credit voucher). Previous Account Safat=: $1,813.00 Account Balance: $2,506,50 Total Deposit Taken: $0.00 < N Balance Outstanding: $0.00 Total Savings: V From Sales Order #1658 A11 sales are final on footwear, apparel, caps and special or custom. orders. All weapon and ammunition sales are final, no returns or exchanges w it be excepted. ,exchanges and Returns must be wilhin 10 days with sales receipt and must be in original package with the original tags still on the product and able to be resold. A 20% restocking fee twit be applied to all returns. All remaining balances on exchanges will result In an In -store credit, No Returns on Gift Cards. "Christmas Holiday Return Pollcy *k Retums /Exchanges will be allowed up to 10 business days after Dec 251h. All remaining balances vAll be given as in -store credit LIKE US ON FACEBOOK- COP STOP INC. There will be a $25.00 fee on all returned checks. NO EXCEPTIONS l flll,11111 1 ff �� lll Am Ir— sus 12/28/2010 2:01 PM Sales Recelpt #24375 Store: 1 Cop Stop Inc. 6831 Broadway Ste F Pearland, TX 77581 phone: (281) 412 -7388 Fax: (281) 412 -7354 www.copstop.com Bill To. La Porte Police Dept La Porte Pollee Dept 3001 North 23rd La Porte, TX 77571 Cashier: Edgar Description 1 Qty Price Ext Price Payment On Accoun 1331,784.00 $1,784.00 Subtotal: $1,784.00 Exempt 0 % Tax: + $0.00 RECEIPT TOTAL, $1,784.00 Account: ($9,784.00) Credit Card: $1,784.00 MasterCard Previous Account Balanca: $2,477.50 Account Balance: $693.50 M sales are final on footwear, apparel, caps and special or custom orders. Al weapon and ammunition sales are final, no returns "exchanges will be excepted. P Exchanges and Returns must be vA(hln 10 days m4 sales receipt and must be in original package with the original tags still on the product and able D be resold. A 20% restocking fee wil be applied to all returns. All remaining balances on exchanges will resuit in an c In -store credit. No Returns on GIft Cards, "*Christmas Holiday Return Policy*" Returns/Exchangeswill be allowed up to 10 business days after Dec 2511h. All remaining balances will be given as in -store credit LIKE US ON COP STOP INC. There will Na,00fee on all returned checks. COP STOP 6831 BROADWAY SUITE F PEARI.AND Tx X7561 281 - 412 - 7358 Merchant Ill: g€Jg0031168050 Term ID: 00310660 Ref tl: 0681 Ode ��S��UM htry 4th it ; Sip e 10N,� $ 1111'1; 12����1� 14;Q1,� ?, • IrE E �OQ�� hur Lade; 4313 r�ratl� Qnliae Batch, mw CustoAtr COPY THANK YOU! ' CONE AGAIN! NWN :ASK ABOUT 61FT CARLS•! 1�I��IIIU�tlIINlnllllll . � t 12/7/2010 1:33 PM Sales Receipt 423817 Store: 1 Cop Stop fnc. G83N dway ste F Peariand, TX 77581 Phone: (281) 412 -7358 Fax: (281) 412 -7354 4Wm.copstop, Corn Bill To: La Porte Police Dept La Porte Police Dept 3001 North 23rd La Porte, Texas 77571 Cashier: Rick Desc ription 1 Qty Price Ext P rice Patrol Ready Bag 1 $37.00 $3700ra) D% 7.48% F€eldlEqulpment Bac 1 $29,00 $29.00raa D % 17.12% Subtotal: $$66.00 -Exempt 0 % Tax; +$0.00 RECEIPT TOTAL: $60.00 Credit Card: $66,00 MasterCard Total Savings: $8.92 All sales are final do footwear, apparel, caps and special or custom orders. All weapon and ammunition sales are final, no returns or exchanges will be excepted. Exchanges and Retums,must be within 10 days with sales receipt and must be In original package with the oflglnal tags still on the product and able to be resold. A 20 restocking fee wll be applied to all returns. All remaining balances on exchanges w €il result in an in -store credit. No Returns on Glit Cards. * "Christmas Holiday RLum Policy'* Returns/Exchanges WWI be allAed up to 10 business days after Dec 25th, All remaining balances will be give as in -st a cre t LIK U Ohl '[O,PW-" There nil be a $25.00 fee on a t reed checks. NO EXCEPTIO 11111111111111 - 23817 P� 1 Cap Slap 6ePEARLAUD TX 776" F 251- 41 ° 7358 l4erchaat 1D. 1300603 ©6$689 Tern Ip 96SiStiS$ Re{ il: 00 Sale NMI AM Code �SSS�S � rvd; Online WM Custasser GORY TI!A" YOUt cont Aalli! ftt18,COPSTOP.C" AS1( ABOUT GIFT CARDS! Order Status PenImpressions.com sk If you have any questions about your order, please Contact Us Your Order Item Custom Round Printed Pencils - Up to 5 Lines of Print Page 1 of 2 Cost • Add'l Order Instructions (optional) : • Select Pencil Color: Orange • ADD FREE CLIP -ART (optional) : YES 5000 • SHARPEN THE PENCILS: NO $450.00 • Select Imprint Color: Black • Message Line 1 : LA PORTE CAMPUS CRIME STOPPERS • Message Line 2: Call 281- 470 -STOP (7867) • Message Line 3 : TEXT the word DAWGTIP and info to CRIMES (274637) • Message Line 4: www,dawgtip.com • Message Line 5 : Completely Anonymous • ADD A LOGO: NO • ENTER THE 4 DIGIT CLIPART CODE (optional) : 1187 Subtotal: Shipping: Tax: Total: * Includes Shipping & Handling Fees Order Status Confirmation Order Status: Traeldng: Order Date: 10/21/2010 Order Number: Pen Impressions -27892 Ship To $450.00 $39.00* $0.00 $489.00 • Michelle Bedford • La Porte Police Department • 3001 North 23rd Street • La Porte, TX 77571 https:llor der, store, yahoo. neVOSIstat? peiiimpressions +27892+49dbb63Oc9bO95c7l28f 10/28/2010 Order Status Page 2 of 2 • 281 -842 -3190 Shipping in Method: UPS Ground Bill To o Michelle Bedford City of La Porte 0 604 West Fairmont Parkway • LaPorte, TX 77571 281 -471 -5020 bedfordm@laportetx.gov Keep Shopping e x These shipping fees do not necessarily represent UPS published rates and may include handling charges levied by this store. 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Yahoo l's Privacy Policy - Merchant's Privacy Policy https:il order. store. yahoo .not /OSIstat ?penimpressions +27892 +49dbb630c9b095c7i28f 10/28/2010 AWN r i m'e P es A Public Engines Service 11781 South Lone Peak Parkway Suite 200 Draper, UT 84020 Bill TO O� La Porte Campus Crime Stoppers Attn: Accounts Payable /Steve Deardorff o j� / 3001 (North 23rd Street La Porte TX 77571 k � I 1 = E 1 1 } 1 { E i E I 7 1 i Payment Receipt Payment Date Payment Method Check # Credit Card # I 'k 0 q, 0 S s ! i k ! t j i l 3 i S 1 i ' l E f E 5116/2011 Master Card MasterCard 4 � 1 i 1 4 F j � 1 3 � � i ! E ` I I I I I I ( � i S ! j i 1 i Total $1,200.00 PAGE: I R E C E I V I N G R E P O R T RECEIPT NO.: 164010 SHIP TO: P.O. NO.: 110315 POLICE DEPARTMENT DATE: 3/29/1: VENDOR: AUDIO VISUAL TECHNOLOGIES GRP, VENDOR NO. 434136 DELIVER BY SHIP VIA F.O.B. 3/01/11 CONFIRM BY CONFIRM TO REQUISITIONED BY CHRIS THOMASON BOB WARD BEDFORDM FREIGHT CONTRACT NO. REQ. NO. REQ, DATE 0000014158 2/18/11 LINE QTY RCVD BIN LOCATION UOM ITEM NO. AND DESCRIPTION UNIT COST 1 1.00 EA 220 005 4037. 700 MACHINERY, TOOLS, & EQUP AUDIO VISUAL PD BRIEFING ROOM AV EQUIPMENT Acct # 03252535212090 RECEIVED BY; DOVE, M RECEIVED DATE: 3/29/11 k R EC EIVE D 3 1 t Audio Visual Technaloc�les � DIVISION 4910 Wright Rd., Suite 100 Stafford, TX 77477 C' 281 -240 -2100 Fx 281.240.2250 I Bill to: I CITY OF LA PORTE ATTN: ACCOUNTS PAYABLE 604 WEST FAIRMONT PKWY LA PORTE, TX 77571 To] 281- 470 -5126 Fax: 281 -470 -5127 INVOICE: 912929 Involce [late: Project Number 93603 03111/2011 For Client #:ZCITYLA- 003264 CITY OF LA PORTE - -RFQ: PD AV EQUIP DUE 214111 Customer P.O,: 110315 SALES REP: CT Project Site: CITY OF LA POR TE [ MICH LLE BEDFORD CS'1 v ST LA PORTE TX 77571 Tak (281 )8 42 -3190 Terms: Per Contract invoice Date: 03/1112011 Ship Date: 03110/2011 Date Complete: 0310812011 Product Code: A Qty Mfr -Part No. Description RFQ: PD AV EQUIP DUE 2/4/11 MICHELLE BEDFO Unit Price Extended PD TRAINING PROJECTION BASE RFQ PER SPECS; 1 Draper, Inc. - 116015 TARGA ELECTRIC SCREEN 60 X 80 4 :3 ASPECT -WALL 627.00 627.00 MOUNT CLIENT ELECTRICIAN RESPONSIBLE FOR PROVIDING 120V POWER, 15AMP, TO SCREEN MOTOR. CLIENT ELECTRICIAN RESPONSIBLE FOR PROVIDING POWER FROM SCREEN MOTOR TO SUPPLIED 120V ROCKER SWITCH (WALL LOCATION). 1 NEC -NP610 XGA, LCD, 3500 LUMEN PROJECTOR W /7W SPEAKER, 1536,25 1536.25 CC CLIENT ELECTRICIAN RESPONSIBLE FOR 120V POWER DUPLEX IN CEILING TILT~ FROM FLEX CONDUIT AT AVTC SPECIFIED LOCATION: 15 AMP, CLEAN DEDICATED POWER. OPTIMAL MOUNT LOCATION = 134.46" SCREEN TO LENS/ 139.01" SCREEN TO PIPE THROW = 121.9 -147" SCREEN TO LENS 1 NEC NP07LP REPLACEMENT LAMP FOR 306.25 306.25 1 CHIEF CMA440 CEILING PLATE, 8" X 24" 78.11 78.11 1 CHIEF- RPA237 INVERTED CEILING MOUNT FOR NEC NP400 141,79 141.79 1 AVTG -PIPE CUSTOM MOUNTING PIPE /POLE 37.50 37.50 1 CABLEST -40864 RAPIDRUN(R) FID15 + 3.5MM STEREO AUDIO WALL 18,13 18.13 PLATE 1 CABLEST -40752 50T RAPIDRUN(R) PLENUM -RATED PC RUNNER 203.11 203.11 CABLE 1 CABLEST -40853 1.5FT RAPIDRUN(R) HD16 MALE + 3.5MM STEREO 16.24 15,24 AUDIO BASE. RFQ PER SPECS SUBTOTAL: 2964.38 RFQ ADDITIONAL ITEMIZED: 03/1112011 Aucllo Vtsual Technologles Grp Proloot: 93UO3 iNVw;t: ulxwu Fo 1 'j H s Audio Visual Technologies Grp 4910 Wright Rd., Sulte 100 Stafford, TX 77477 281 - 24021 00 Fx 281 -240 -2260 Bill to: CITY OF LA PORTE ATTN: ACCOUNTS PAYABLE 604 WEST FAIRMONT PKWY LA PORTE, TX 77571 Tol:281- 470 -5126 Fa x: 281-470-6127 INVOICE: 912929 Invoice Date: Project Number, 93603 03/1112011 For Client #:ZCITYLA- 003264 CITY OF LA PORTE - -RFQ: PD AV EQUIP DUE 214111 Customer P.O.: 110315 SALES REP: CT Project Site: CITY OF LA PORTE MICHELLE BEDFORD 915 S 8TH ST LA PORTE TX 77671 To]: (281)3 -3190 Terms: Per Contract Invoice Date: 0311112011 -- Ship Date: 03!1012011 Date Complete: 03108/2011 Product Code: A Qty Mfr -Part No, Roscription Unit Price Extended 1 AVTG- SCRNKIT CUSTOM ELECTRIC SCREEN KIT - WALL MOUNT 156.25 156.25 RFQ ADDITIONAL ITEMIZED SUBTOTAL: 156.25 PD TRAINING PROJECTION SUBTOTAL: 3120.63 AVTG INSTALLATION SERVICES: AVTG INSTALLATION SERVICES SUBTOTAL: 791.44 )3/1112011 Audio Vlsunl Technoloplas Grp Project: e3eUS lNvututz' Ivuxu r-cAUn 4 V I - Audio Visual Technologies Grp 4910 Wright Rd„ Sul to 100 Stafford, TX 77477 201 -240 -2100 Fx 281 -240 -2250 I Bill to: I CITY OF LA PORTE ATTN: ACCOUNTS PAYABLE 604 WEST FAIRMONT PKWY LA PORTE, TX 77571 To]; 281- 470 -5120 Fax: 281 - 470 -5127 INVOICE: 912929 Invoice Date: Project Number: 93503 0311112011 For: Client 1 12CITYLA- CO3264 CITY OF LA PORTE - -RFQ: PD AV EQUIP DUE 2/4111 Customer P.O.; 110315 SALES REP: CT ect Site: CITY OF LA TORTE MICHELLE BEDFORD 915S 8TH ST LA PORTE TX 77571 Tel, (281)642 -3190 Terms: Per Contract Invoice Date: 03111/2011 Ship Date: 03/10/2011 Date Complete: 03/0812011 Product Code: A Qty Mfr-Part No. Description Unit Price Extended AVTG PROPOSAL 13 LASED ON FOLLOWING CONDITIONS; CHANGES TO CONDITIONS MAY RESULT IN STOPPAGE UNTIL PROPOSED CHANGE ORDER(S) ARE APPROVED IN WRITING, a). ONSITE ACCESS ON (1 ) ONE CONSECUTIVE DAY(S); MON - FRI, 830AM - 430PM, ACTUAL ONSITE TIME MAY VARY b), ROOM ENVIRONMENT MUST BE "CLEAN" (FREE OF SHEETROCK DUST, PAINT, INSULATION, ETC) c). ROOM ENVIRONMENT MUST BE "SECURE" (LOCKING DOORS, ONSITE SECURITY); OR AUTHORIZED CONTACT ONSITE TO RECEIVE & SIGN FOR DELIVERY OF EQUIPMENT d). ALL OFE (OWNER FURNISHED EQUIPMENT) IS ONSITE, ACCESSIBLE & IN WORKING CONDITION AT THE TIME OF AVTG ARRIVAL e), ALL OFE FURNITURE & MILLWORK IS DELIVERED & SET PRIOR TO AVTG SCHEDULED TRIP f). ALL REQUIRED AV RELATED IT PRE - REQUISITES HAVE BEEN DOCUMENTED IN WRITING (IP ADDRESSES, SUBNET MASKS, FIREWALL PERMISSIONS, COMPUTER GRAPHICS CARD MODEL & DISPLAY RESOLUTIONS /BANDWIDTH) g). ALL OFE POWER PRE - REQUISITES IN PLACE h). CLIENT HAS CLEARED WORK & ACCESS WITH BUILDING MANAGEMENT /OWNER PRIOR TO AVTG SCHEDULED TRIP 1). CLIENT MUST REQUEST IN WRITING INSURANCE CERTIFICATE OF LIABILITY (5) BUSINESS DAYS PRIOR TO AVTG SCHEDULE `!"RIP J). CLIENT ONSITE CONTACT IS PRESENT TO SIGN OFF -- ACCEPTANCE OF DELIVERED SYSTEM K), CLIENT CANCELLATIONS DAY OF SCHEDULED TRIP WILL RESULT IN ADDITIONAL LABOR, ZONE TRIP CHARGES AND MILEAGE COSTS. ACCEPTANCE OF THIS QUOTE SUPERSEDES ANY RFP, RFQ, OR STATEMENT OF WORK. 03/1112011 Audio Visual Tuchnologles Grp Project: 03003 INVOICE: 912929 rages or ,4 Audio Visual Technologies Grp 4910 Wright Rd., Suite 100 Stafford, TX 77477 281 - 240 -2100 Fx281 -240 -2250 B ill to: CITY OF LA PORTE ATTN: ACCOUNTS PAYABLE - 604 WEST FAIRMONT PKWY LA PORTE, TX 77671 Tel, 281- 470 -5126 Fax: 281- 470 -5127 INVOICE: 912929 Invoice Date: Proiect: Number: 93$03 0311912011 For: Client #:2CITYLA- C83264 CITY OF LA PORTE - -RFQ: PD AV EQUIP DUE 214111 Customer P.O.: 110315 SALES REP: CT Project Site: CITY OF LA PORTE MICHELLE BEDFORD 916 8 8TH ST LA PORTE TX 77571 Tel: (281)842.3190 Terns: Per Contract Invoice Date: 03/1112011 Ship Date: 03110/2011 Date Complete; 03108/2011 Product Code: A Qty Mfr -Part No. Description Unit Price Extended OWNER RESPONSIBILITIES: CEILING TILE OR GRID WORK, AC POWER, FLOOR CORING, FIRE -RATE POKE- THRUS, WALL PENETRATIONS, CONDUIT WIPULLSTRINGS, MILLWORK (UNLESS SPECIFIED), STRUCTURAL WALL REINFORCEMENT, CARPET PULLING, LIGHTING CONTROLS (UNLESS SPECIFIED), FIRE CAULKING, I OR LIGHTING RELOCATION, ABOVE REQUIREMENTS COORDINATED BY AVTG PROD MGR. SEE AVTG AIV SYSTEM INTEGRATION TERMS & CONDITIONS ON FINAL PAGE, CLIENT SHALL BE RESPONSIBLE FOR NETWORK CATS PULLS, IP ADDRESSES, SUBNET MASKS, FIREWALL PERMISSIONS, COMPUTER ACCESS (VIA ONSITE CONTACT WITH LOGIN PERMISSIONS), SOFTWARE INTEGRATION, AND VIDEOCONFERENCING DIRECTORIES. AVTG TO PULL AND TERMINATE ALL NEW AIV CABLES AS REQUIRED BY AVTG SYSTEM DESIGN: HDMI, DVI, RGBHVNGA, AUDIO, VIDEO, SPEAKER, CONTROL, CATS FOR AV (TWISTED PAIR TXIRX, USB EXTENDERS, RS232 EXTENDERS; NOT FOR IT/LAN). Thank You For PLEASE REMIT To: AUDIO VISUAL TECHNOLOGIES GRP Your Businessl PO BOX 2307 STAFFORD, TX 77497-2307 Tax IDr 74- 1297835 Fax: 281- 470 -5127 $ 126.00 $ 4,037.07 Due: $ 4,037.07 03111/2011 Audio Vlsua{ Technologies Grp Project; 93603 INVOICE-. 912920 �� �J Aa4of 4 TOTAL SECURITY, INC. 7524 N. Harlem Ave, Chicago, IL 60631 (773) 775 -7600 W W W.TOTALSLCURITYPROS.COM Date Sale No. 1/2812011 4997 Sold To Michelle Bedford 3001 N. 23rd St Laporte, TX 77571 281 -842 -3190 032 5,2 5 , 55:1 - � l'-20L) Check No. Payment Method Project Master Card Description Qty Rate Amount DVR Battery Operated Electrical Box DVR with Color Operation l 799.00 799.00T Ex-view SHIPPING & HANDLING Ground Service I 14.00 14.00 Subtotal $813.00 ALL SALES ARE FINAL. There are NO CASH OR CHARGE REFUNDS, with the Sales Tax (0.0 %) exception of electronic items that may have malfunctioned, due to manufacturer's $0 defect for a period of one year from date of purchase. In this case, we will REPLACE THE ITEM(s) and/or issue a store credit good for merchandise in the Tota store. Please note: that it is the responisibility of the buyer and not of TOTAL $813.Ofl SECURITY, INC. to follow and abide by all local, State and Federal laws when using this equipment. Buyer holds harmless all employees, vendors, agents and owners of Total Security, Inc., from the use and misuse of products and services. X PAGE: 1 SHIP TO: POLICE DEPARTMENT R E C E I V I N G R N P 0 R T RECEIPT NO.: 160277 VENDOR: KUSTOM SIGNALS, INC. DELIVER BY SHIP VIA F.O.B. 7/15/10 BEST WAY DESTINATION CONFIRM BY CONFIRM TO BRIAN BYRNES JEANA MASTERSON P.O. NO.. CP1087 DATE: 1025/1( VENDOR NO. 430534 REQUISITIONED BY FREIGHT CONTRACT NO. REQ. NO. REQ. DATE LINE QTY RCVD UNIT COST BIN LOCATION UOM ITEM NO. AND DESCRIPTION 1 1.00 EA 220 025 44000.0000 MACHINERY, TOOLS, & EQUP SURVEILLANCE SYSTEMS G3 VISION DVR SYSTEMS, RETURN OF OLD SY T MS, WARR AcCt # 0159892968BO21 2 1.00 EA 220 025 18884.00Q0 MACHINERY, TOOLS, & EQUP SURV CLLANCE SYSTEMS G3 VISION DVR SYSTEMS FOR MARUERy�1��3'R" ITS Acct # 03252535212090 p \MAOV" RECEIVED BY: DOVE RECEIVED DATE: 10/25/10 Name CITY OF LA PORTE Address 604 W rAIRMONT PARKWAY LA PORTE TX 77671 Attn SHIP TO: Name - LA PORTE POLICE DEPT Address 3001 N 23RD ST LA PORTE TX 77571 Attn: Description 1 (33 VISION DVR SYSTEMS WARRANTY 2ND YR I G3 VISION DVR SYSTEMS MARKED SUPERVISOR UNITS IVE SERIAL NUMBERS OZO1237 713012010 GZ01238 37901 GZ01239 25726780 GZ01240 GZ01241 CP1087 G701242 A OZO1243 GZ01244 GZ01245 Remit T©; Kustorn Signals, Ina P. O. Box 411882 Kansas City, MO 04141-1882 Attn* Accounts Receivable �. ' F.EJ,N. 43-1757730 ORIGINAL INVOICE Date 713012010 Cuslomor No, 37901 order No. 25726780 Customer PO CP1087 Terms NET 30 Remit T©; Kustorn Signals, Ina P. O. Box 411882 Kansas City, MO 04141-1882 Attn* Accounts Receivable �. ' F.EJ,N. 43-1757730 ORIGINAL INVOICE Order Details vis taprint Make an impression. Homo I Specials I Select a Country I En Espanal I Order Status Help My Account ' r.tuslness Welcome back, M 1chell Not Michelle? Click here. aft b� ! Free Products (CO BeCc to My Account Susrtess Cards Signaga Business Essentials intemat Mrldtoting Advertising &Markeling Promotion and Events Serv'ces poaaga Deals Order Details Page 1 of 3 {) NOW AVAILABLE: IntemetMarWino Saw us on TV? CEck Hero - Log Out I My Account I Cart Account# 7694.3114 -6855 Order Date: 10114128{01:01 Ship To: Quantity Price I'M Mlcha.eLBedford Order Number: QKXJ6- 9A85ME9 City of LaPMe -PoEce Vstaprfnl Business Directory La Ports, TX 77571 Department Payment Type: MasterCard 3001 North 23rd Street � 2000 $44,99 bedfordmglaportetxgov LaPorte, OrderSiatus: Shipped ofA Uru'.ed States of America DellveryOptlon: 7Days Phone: 2818423198 Arrives on or 1012lr2010 bedfordm @1aportelxgov before: V staprint sma9 Biz B!og Edit Shioolrw Address r Holiday Cards Photo Gifts Calendars H ome & Family HoSday Free Products imitations & Announcements Stationery & Home Once Calendars Gifts & Fun Services Ideas for... Business Your Industry ! Slaring Your mness Graving Your Business Home & Family Events and Partles Mommy Central Photo Gifts Reorder Bill To: My Products MIchege L Bedford Quantity Price City of La Porte _ Po-ace Fde Department 4i PPR7k CMSPUS OnWL 604 Nest Fairmont Pariavay Vstaprfnl Business Directory La Ports, TX 77571 Item status:Sh'pped United States of Amedca SPIPPERa �� n +.rr Phone: 2818423190 � 2000 $44,99 bedfordmglaportetxgov 10118!2010 Carrier: FedEx Ground Status Information My Products Support Quantity Price Subtotal Design Uploads Customer Service 4i PPR7k CMSPUS OnWL LA PORTE CAMPUS Vstaprfnl Business Directory Heap Item status:Sh'pped : SPIPPERa �� n +.rr CRIME STOPPERS � 2000 $44,99 News 10118!2010 Carrier: FedEx Ground Product Pricing rwa..+� ""°rv."' S Pr_ Bvse;Y Catalog Request Silo Map Tracking 9: 9677s187630818Q Patents & Trademarks •_a�r...� e4 � ` Color Back Wo 819.99 V staprint sma9 Biz B!og Partner Spedals Yslaprint Twitter Advergse with Us Shop by Industry Share � Malts Finish ` •INCLUDED � $A9,98 . - - •• _ ._ _ _ - - - QKXS6 -D... 10/28/2010 You Pay s Product Total: $69.98 Shipping & Processing (Priority 7 Days): $20.93 Total; : $90.915 { i ! 9 million people per year trust Vslapdnlfor affordable ovine and print scWons- Personalized Stationery Exclusive Offers i Become a Vislaprint Insider to receive exciusive afters and Ups, Lowest Price Satisfaction Guarantee Guarantee Learn More Learn More have any quesllons click horn About. Lis Services Support Trust Who We Are Design Uploads Customer Service Privacy & Security Localtons Vstaprfnl Business Directory Heap Terris 01 Use Careers Partnership Oppor{uniGes Artmerrt SpeaficaUOns Copyright Matters News Refer a Fdend Product Pricing Free Offer Delsis Investor Relations Catalog Request Silo Map Loxest Price Guarantee Patents & Trademarks Request Samples Feedbadt Satisfaction Guarantee V staprint sma9 Biz B!og Partner Spedals Yslaprint Twitter Advergse with Us Shop by Industry MarkeUng Leam'•ng Center htt1, /vvww_vistarli•int.com /vn /ns /mv account/order detail.asnx?alt order id= QKXS6 -D... 10/28/2010 Upload Your Own Design I nom U- 3•Day Rush Delivery r —.1— PAGE: 1 R E C E I V I N G R E P O R T RECEIPT NO.: 163633 SHIP TO: POLICE DEPARTMENT VENDOR: ANDERSON SOFTWARE, LLC P.O. NO.: 110319 DATE: 311/1 VENDOR NO. 435164 DELIVER BY SHIP VIA F.O.S. 2/24/11 CONFIRM BY CONFIRM TO REQUISITIONED BY STEPHANIE ANDERSON BOB WARD DOVE, M FREIGHT CONTRACT NO. REQ. NO. REQ. DATE 0000014174 2/23/11 LINE QTY RCVD BIN LOCATION UOM ITEM NO, AND DESCRIPTION UNIT COST 1 1.00 EA 220 005 299.4000 MACHINERY, TOOLS, & EQUP AUDIO VISUAL CRIME STOPPERS WEBSITE SUBSCRIPTION Acct # 03252535212093 j I I ( I ,RECEIVED BY: DOVE, M RECEIVED DATE: 3/11/11 Anderson Software, LL(' ADDRESS: 1222 Virginia Drive Kerrville, TX 78028 (936)205 -1103 Steve Deardorff La Porte Campus Crime Stoppers 3001 N 23rd St LaPorte, TX 77571 -3185 USA Anderson software, LLG Statement DATE . STATEMENT`' 02/03/2011 2303 AMOUNT D,U.E ENQLQEED ;' $299.40 Please detncli top portion 9nd return with your Payntent. _ .,- . (936)205 -1103 Statement 2303, 02/03/2011 billing ©andersoft.com R E C E I V I N G R B P O R T RECEIPT NO.: 160393 SHIP TO: POLICE DEPARTMENT VENDOR: CRIME REPORTS DELIVER BY SHIP VIA 10/19/10 F.O.B. PAGE: 1 P.O. NO.: 110057 DATE: 10/27/1f VENDOR NO. 434721 CONFIRM BY CONFIRM TO REQUISITIONED BY BOB WARD BEDFORD,M FREIGHT CONTRACT NO. REQ. NQ. REQ. DATE 0000013723 10/19/10 LINE QTY, RCVD BIN LOCATION UOM ITEM N0, AND DESCRIPTION UNIT COST 1 1.00 EA 220 005 3588.0000 MACHINERY, TOOLS, & EQUP AUDIO VISUAL COMMAND CENTRAL ANNUAL SUBSCRIPTION Acct # 03252535212093 t RECEIVED BY: DOVE, M RECEIVED DATE: 10/27/10 RA CrimeReports A Public Engines Service 11781 South Lone Peak Parkway Suite 200 Draper, UT 84020 BIII To: La Porte Police Department Attn: Accounts Payable AD -QX 3001 N 23rd LaPorte TX 77571 -3185 Federal Tax ID# 65-1295498 Invoice Invoice Date 9/1/2010 Invoice # 11770 Due Date 10/1/2010 Agency ID # 111598 PAST DUE INVOICE Please Remit Payment Billing questions N please email or call: accounting @crimereports.com 801,828.2719 Invoice Total $3,588.00 CYPRESS CREEK EMS 7111 Five Forks Dr ' Sprhig, Texas 77379 BILL TO City of La Porte EMS Jason 1 1 c, €$Cat 604 West Faim,ont Pk\%�' La f orte, `I'X 77571 ); � �>D Invoice PD i v rr, e- .A 1 P,O, NEB. TERMS 711812011 BTNIOSC QUANTITY DESCRIPTION RATE AMOUNT" 2 BTomsc 2 Students for Septembcr 11-18,2011 class DU Includes registration, hotel and meals Remit to, Gypw C'fcek ENIS 71 11 1=ivc Forks Drive Spring, TX 77379 '11 €ank You. Deposh made via credit cord - $1000, 7119111 Total aysa' Phone # 251 - 378.0804 8 : K110 Web Site (6 -a a.;l< t +hc�tv,ccems.con, DATE_ INVOICE it 711812011 3523 d t9 � d0 CYPK£53 CREEK £t!S 1S 4o�ST4t�AI XP77�3flt4 201 - 440-3660 Term TD: 76064374 Rpf GIs O�Qf Ph on e Order �ASTERURD Wry W h od i Na nua I Total" $ LOOM V/Is /11 11; 37. Inv 1I; 004001 Wr Codc 017275 4A01111, 440106 Ms Code; ZIP MIN Z CM M CI ZIP Code; order H14617 Customor Co$Y THANK You t t 7M- fn Y T 4 ' s R e "TU nzr It K 770410 281.41 5659 - 2c) 1 � GO data Tt), 7 b054374 �(� �Gr"�J "-- f'�ohe Order Ret if' UOOz - f Code; AV$ lip cm code: U41cil ff lip Code, AOS23 Cony MW 05 ACCOUNTING YEAR CITY OF LA PORTE JOURNAL ENTRY FORM AJITF# Finance Use Only ACCOUNTING PERIOD DATE EXPLANATION items charged incorrect) CONTROLTOTAL$ Finance Use Only DOC# Finance Use Only REVISED 812419& Made By Michelle Bedford 9 -21 -11 Approved By 7 , � REOUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: October 24, 2011 Requested By: Tim Tietjens Department: Planning Report: X Resolution: Ordinance Exhibits: Public Hearing Notice Exhibits: Service Plan Exhibits: Proposed Annexation Map Budget Source of Funds: N/A Account Number: N/A Amount Budgeted: N/A Amount Requested: N/A Budgeted Item: YES NO SUMMARY & RECOMMENDATION At the August 22, 2011 City Council meeting, Resolution 2011 -08 was passed authorizing the City to conduct two Public Hearings as required for the Annexation of approximately 29 acres in the Battleground Industrial District within the La Porte extra- territorial jurisdiction. City Council also previously directed the Planning Department to prepare a service plan, which was presented on August 22 as well. This item is the second of two consecutive public hearings scheduled for public input. Attached is a copy of the public notice as well as the service plan and associated map. Action Required by Council: Conduct the second of two public hearings and receive input. Approved for City Council Agenda Traci E. Leach, Assistant City Manager Date CITY OF LA PORTE, TEXAS NOTICE OF ANNEXATION PUBLIC HEARING The City of LaPorte, Texas proposes to institute annexation proceedings to enlarge and extend the boundary limits of said city to include the following territory, to -wit: Approximately 28.65 acre tract of land within that portion of the City of La Porte's extraterritorial jurisdiction known as the Battleground Industrial District, and fronting western corporate limits of La Porte and eastbound lanes of State Highway 225 frontage road, and more particularly described as follows: A tract of land located within that portion of the City of La Porte's extra - territorial jurisdiction known as the Battleground Industrial District; said tract containing approximately 28.65 acres and being more particularly described as follows; Beginning at the southwest corner of the Exel Logistics Distribution Corporation tract identified by Harris County Appraisal District parcel number 064 - 223 - 000 -0021, said point being on the north right -of -way line of State Highway 225; THENCE proceeding in a northwesterly direction along the north right -of -way of State Highway 225 to a point located at the southwest corner of a tract of a tract owned by Ted Booher being identified by Harris County Appraisal District parcel number 044- 099 -000- 0023, said point being on the north right -of -way line of State Highway 225; THENCE proceeding in a northerly direction along the west line of the Ted Booher tract identified by Harris County Appraisal District parcel number 044 - 099 - 000 -0023 to a point at the northwest corner of the Harris County Appraisal District parcel number 044 -099- 000 -0023; THENCE proceeding in an easterly direction along the north line of the Ted Booher tract identified by Harris County Appraisal District parcel number 044 - 099 - 000 -0023, to a point at the northeast corner of Harris County Appraisal District parcel number 044- 099 -000- 0023; THENCE proceeding in a northerly direction along the west line of the Ted Booher tract identified by Harris County Appraisal District parcel numbers 023 - 145- 000 -0623 and 023- 145- 000 -0635 to the northwest corner of the Ted Booher tract identified by Harris County Appraisal District parcel number 023 - 145- 000 -0635; THENCE proceeding in a northerly direction to the northwest corner of the Southern Pacific Railroad Company tract identified by Harris County Appraisal District parcel number 023 - 145- 000 -0641; THENCE proceeding in an easterly direction along the north boundary of the Southern Pacific Railroad Company tract identified by Harris County Appraisal District parcel number 023 - 145- 000 -0641 continuing east to the northeast corner of the Centerpoint Energy tract identified by Harris County Appraisal District parcel number 023- 145 -000- 0641; THENCE proceeding in a southerly directly along the east boundary of the Centerpoint Energy tracts identified by Harris County Appraisal District parcel numbers 023- 145 -000- 0625 and 023 - 145- 000 -0624 to the southeast corner of the Centerpoint Energy tract identified by Harris County Appraisal District parcel number 023 - 145- 000 -0624, said point being Point of Beginning of the herein - described tract containing approximately 28.65 acres. Notice is hereby given that on the 24 day of October, 2011, at 6:00 p.m. at the La Porte City Hall Council Chambers, located at 604 West Fairmont Parkway, La Porte, Texas, the La Porte City Council will hold a public hearing giving all interested persons the right to appear and be heard on the proposed annexation. By order of the City Council of the City of La Porte, Texas on the 22nd day of August, 2011 by passage of Resolution 42011 -08. Citizens wishing to address the Council pro or con during the public hearing are required to sign in before the meeting is convened. CITY OF LA PORTE 'QU& Patrice Fogarty, City Secretary In compliance with the Americans with Disabilities Act, the City of La Porte will provide for reasonable accommodations for persons attending public meetings. To better serve attendees, requests should be received 24 hours prior to the meetings. Please contact Patrice Fogarty, City Secretary, at 281.470.5019. CERTIFICATION I certify that a copy of this public hearing notice was posted on the City Hall bulletin board on the day of 1 2011. Title: SERVICE PLAN FOR PROPOSED ANNEXATION OF FIVE TRACTS OF LAND COMPRISING APPROXIMATELY 28.65 ACRES WITHIN THE BATTLEGROUND INDUSTRIAL DISTRICT L INTRODUCTION This service plan ( "Plan ") is made by the City of LaPorte, Texas ( "City ") pursuant to Section 43.056, of the Texas Local Government Code ( "Code "). This Plan relates to the annexation by the City of five tracts of land ( "Tracts ") within a portion of the the Battleground Industrial District (Re: Exhibit "B "). These tracts are described by metes and bounds in Exhibit "A" attached to this Plan and to the annexation ordinance of which this Plan is a part. II. TERM, EFFECTIVE DATE This plan shall be in effect for a term of ten years commencing on the effective date of the annexation of the Tract. Renewal of this Plan shall be at the discretion of the City. Such option may be exercised by the adoption of an ordinance by the City Council which refers to this Plan and specifically renews this Plan for a specified period of time. III. SERVICE PROGRAMS A. In General. This Plan includes two service programs: (i) the Early Action Program and (ii) a Capital Improvement Program, both described below. B. Scope and Quality of Services. Services under this Plan shall equal or exceed the number and level of services both in existence in the Tracts prior to the annexation and are available in other areas of the City with land uses and population densities similar to those reasonably projected in the newly annexed Tracts. It is not the intent of this Plan to provide a uniform level of services to all areas of the City (including the Tracts) where differing characteristics of topography, land utilization and population density are considered as sufficient basis for providing differing levels of service. C. Definitions. 1. As used in this Plan, providing services includes services funded in whole or in part by City taxation and provided by the City within its full- purpose boundaries. The City provision of services may be by any means or methods by which it extends the services to any other area of the City. This may include causing or allowing private utilities, governmental entities and other public service organizations to provide such services, in whole or in part. 2. As used in this Plan, the phrase "standard policies and procedures" means those policies and procedures of the City applicable to a particular service which are in effect at the time that the service is requested or at the time the service is made available or provided and are in accordance with or related to provisions in Title 12, Chapter 395 of the Code. D. Early Action Program. 1. Statutory Services. The statutory services will be provided to the Tracts upon the effective date of this Plan, unless otherwise indicated. The statutory services are as follows: a. Police Protection. The Police Department of the City will provide protection and law enforcement to the Tracts. These activities will include normal patrols and responses, the handling of complaints and incident reports, and other usual and customary police services. b. Fire Protection. The Fire Department of the City will provide fire protection to the Tracts. C. Solid Waste Collection. Residential collection services will be provided by City forces. Non - residential non - hazardous service will be provided by City contract service provider. Future residential and non - residential non - hazardous collection services will be provided in accordance with standard policies and procedures. Non - residential non- hazardous will be the responsibility of the property owner in accordance with State and Federal guidelines. d. Oberation and Maintenance of Water and Wastewater Facilities. There are no existing City water and wastewater facilities located in the area proposed for annexation. Any extensions of utilities as addressed in the Capital Improvements Program, below, will be provided normal maintenance services. e. Maintenance of Public Roads and Streets including Lighting. The Department of Public Works of the City will provide maintenance of roads and streets over which the City will have jurisdiction. Those roads and streets under jurisdiction of other governmental entities will be maintained by those entities. The City will provide services relating to traffic control for roads and streets over which it has jurisdiction. Maintenance of Public Roads and 2 streets under the jurisdiction of other governmental entities will be provided by the respective governmental entity. Existing street lighting for public roads and streets will be maintained through the services of CenterPoint Energy. New street lighting for public roads and streets will be constructed by CenterPoint Energy upon authorization from the City. f Maintenance of Parks, Playgrounds and Swimming Pools. There are no existing Public Park facilities to be maintained. Should any such facilities be constructed in the Tracts in accordance with the Capital hnprovements Program below, the City will provide maintenance services. g. Maintenance of Any Other Publicly —owned Facility, Building or Service. There are no other publicly -owned facilities, buildings or services in the Tract. Should any such facilities, buildings or services be constructed or located by the City in the Tract, an appropriate City department will provide the necessary maintenance services. 2. Additional Services. Certain services, in addition to the statutory services, will be provided within the Tract to the same extent they are provided to similar areas elsewhere in the City. These are as follows: a. Library services from existing facilities and future facilities outside the Tract. b. Health services will continue to be provided by Harris County. C. Emergency and ambulance services by the City's Emergency Medical Services division, in accordance with standard policies and procedures. d. Enforcement of all City codes and ordinances. E. Capital Lnprovements Program. The City will initiate the construction or acquisition of capital improvements deemed necessary for providing municipal services for the Tract. Those improvements which are necessary are indicated below, and any necessary construction shall begin within two and one -half (2 -1/2) years of the effective date of this Plan, except as otherwise indicated. 1. Police Protection. Police protection for the Tracts can be provided using existing facilities. While no improvements are necessary at this time, the Tracts will be included with other territory in connection with planning for new, revised or expanded police protection. 2. Fire Protection. Fire protection for the Tract can be provided by using existing facilities and equipment. While no improvements are necessary at this time, the Tract will be included with other territory in connection with planning for new, revised or expanded fire protection. 3. Solid Waste Collection. No capital improvements are necessary at this time to provide solid waste collection to the Tract as described in the Early Action Program. The Tract will, however, be included with other territory in planning for new, revised or expanded solid waste collection service facilities. 4. Water and Wastewater Facilities. Currently there are no water or wastewater facilities in the area proposed for annexation of which the City will assume control following annexation. The City proposes the following means to provide improvements deemed necessary for water and wastewater services: a. Domestic water and wastewater service. Currently domestic water and wastewater are self - provided by the individual property owners either through wells or by purchasing water from adjoining property owners. The City has a twelve inch (12 ") waterline within the north right of way of S. H. 225 approximately one hundred twenty feet (120') east of the tract. Upon application request by owners of the annexed area, the City will allow the extension of water and /or sanitary sewer lines for domestic services in accordance with standard utility extension policies and procedures as referenced in Chapter 74, Utilities, Article III, Division 4, of the La Porte Code of Ordinances within two (2) years. These policies and procedures include the imposition of utility extension fees in accordance with Section 395.019 of the Local Government Code. Should a property owner elect to construct the improvements sooner than the schedule established in this Plan, the owner may construct or finance the improvements and the costs incurred or funds advanced will be credited against the utility extension fees due from that property owner. As utility extension fees are collected from other property owners, these fees may be refunded to the property owner who constructed or funded the construction of those capital improvements per City policy guidelines. M b. Industrial Process Water. Currently process water is provided by on -site wells, water purchased from other property owners or from non - potable water purchased from the Coastal Industrial Water Authority (CIWA). As the City does not provide dedicated industrial process water services within its corporate boundaries, it does not propose to acquire or construct capital improvements for the provision of industrial process water services to the area proposed for annexation. C. Industrial Process Wastewater. Currently wastewater service to the Tracts is provided by individual treatment facilities, treatment by adjoining property owners or by other private entities. As the City does not provide dedicated industrial process wastewater services within its corporate boundaries, it does not propose to acquire or construct capital improvements for the provision of industrial process wastewater services to the area proposed for annexation. However, the discharge of wastewater resulting from industrial uses is subject to permitting requirements under the City's Industrial Waste Ordinance, Chapter 74 of the La Porte Code of Ordinances. 5. Roads and Streets including Li h. In general, the City maintains no dominion, control, and jurisdiction in, over and under public roads and streets serving the Tracts for annexation. Pursuant to Art. 1175, V.A.T.S., and similar provisions, maintenance of existing frontage roads and streets serving the tracts is subject to the jurisdiction of other governmental entities. Additional roads, streets or related facilities are not necessary at this time to serve the Tracts. Future extensions of roads or streets and future installation of related facilities such as traffic control devices or street lights will be governed by standard policies and procedures. The Tracts will be included with other territory in connection with planning for new, revised, widened or enlarged roads, streets or related facilities. 6. Parks, Playgrounds and Swimming Pools. These services can be provided by using existing facilities. While no additional capital improvements are necessary at this time, the Tract will be included with other territory in connection with planning for new, revised or expanded parks, playgrounds or swimming pools. 7. Other Publicly Owned Facilities, Buildings or Services, Additional Services. In general, other City functions and services, and the additional services described above, can be provided to the Tract using k, existing facilities. While no additional capital improvements are necessary at this time, the Tract will be included with other territory in connection with planning for new, revised or expanded services, facilities and functions, including the additional services described above. IV. AMENDMENT, GOVERNING LAW This Plan may not be amended or repealed except as provided by the Code or other controlling law. Neither changes in the methods or means of implementing any part of the service programs nor changes in the responsibilities of the various departments of the City shall constitute amendments to this Plan, and the City reserves the right to make such changes. This Plan is subject to, and shall be interpreted in accordance with the Code, the Constitution and laws of the United States of America and the State of Texas, and the orders, rules and regulations of governmental bodies and officers having jurisdiction. V. FORCE MAJEURE Should a force majeure interrupt the services described herein, the City shall resume services under this Plan within a reasonable time after the cessation of the force majeure. "Fore majeure", for the purposes of this Plan, shall include, but not be limited to, acts of God, acts of the public enemy, war, blockade, insurrection, riots, epidemics, landslides, lighting, earthquakes, fires, storms, floods, washouts, droughts, tornadoes, hurricanes, arrests and restraints of government, explosions, collisions and any other inability of the City, whether similar to those enumerated or otherwise, which is not in control of the City. VI. ENTIRE PLAN This document contains the entire and integrated service plan relating to the Tract and supersedes all other negotiations, representations plans and agreements, whether written or oral. Plan produced July, 2011 by La Porte Planning Department 6 EXHIBIT "A" A tract of land located within that portion of the City of La Porte's extra - territorial jurisdiction known as the Battleground Industrial District; said tract containing approximately 28.65 acres and being more particularly described as follows; Beginning at the southwest corner of the Exel Logistics Distribution Corporation tract identified by Harris County Appraisal District parcel number 064 - 223 - 000 -0021, said point being on the north right -of -way line of State Highway 225; THENCE proceeding in a northwesterly direction along the north right -of -way of State Highway 225 to a point located at the southwest corner of a tract of a tract owned by Ted Booher being identified by Harris County Appraisal District parcel number 044- 099 -000- 0023, said point being on the north right -of -way line of State Highway 225; THENCE proceeding in a northerly direction along the west line of the Ted Booher tract identified by Harris County Appraisal District parcel number 044 - 099 - 000 -0023 to a point at the northwest corner of the Harris County Appraisal District parcel number 044- 099- 000 -0023; THENCE proceeding in an easterly direction along the north line of the Ted Booher tract identified by Harris County Appraisal District parcel number 044 - 099 - 000 -0023, to a point at the northeast corner of Harris County Appraisal District parcel number 044 -099- 000 -0023; THENCE proceeding in a northerly direction along the west line of the Ted Booher tract identified by Harris County Appraisal District parcel numbers 023 - 145- 000 -0623 and 023 - 145- 000 -0635 to the northwest corner of the Ted Booher tract identified by Harris County Appraisal District parcel number 023 - 145- 000 -0635; THENCE proceeding in a northerly direction to the northwest corner of the Southern Pacific Railroad Company tract identified by Harris County Appraisal District parcel number 023 - 145- 000 -0641; THENCE proceeding in an easterly direction along the north boundary of the Southern Pacific Railroad Company tract identified by Harris County Appraisal District parcel number 023 - 145- 000 -0641 continuing east to the northeast corner of the Centerpoint Energy tract identified by Harris County Appraisal District parcel number 023- 145 -000- 0641; THENCE proceeding in a southerly directly along the east boundary of the Centerpoint Energy tracts identified by Harris County Appraisal District parcel numbers 023 -145- 000 -0625 and 023 - 145- 000 -0624 to the southeast corner of the Centerpoint Energy tract identified by Harris County Appraisal District parcel number 023 - 145- 000 -0624, said point being Point of Beginning of the herein - described tract containing approximately 28.65 acres. 7 REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: October 24, 2011 Requested By: Masood Malik Department: Planning Report: X Resolution: Ordinance: Exhibits: Power Point Presentation Exhibits Exhibits: Budget Source of Funds: N/A Account Number: N/A Amount Budgeted: N/A Amount Requested: N/A Budgeted Item: YES NO SUMMARY & RECOMMENDATION On March 28, 2011, City Council authorized the professional services of Kendig Keast Collaborative to complete the Comprehensive Plan Update. The professional services agreement is dated April 8, 2011, with tentative project duration of I' 3 months leading to a project completion date of May 2012. The project kicked off on June 20 "' and 21" with interviews conducted by Kendig Keast Collaborative with seven focus groups, which included: • Neighborhood Association and Advocates • Business and IndustiN- Owners and Chamber Representatives • Landowners and Developers • Downtown Area Associations and Property Owners • Transportation Officials and Interest Groups • Community Livability (concerning parks & recreation, beautification, civic spaces etc.) • Youth Engagement of Student Groups Additionally, the consultant interviewed key staff members, made a presentation to the Planning and Zoning Commission on June 21 ", and conducted interviews with the Mayor and each member of City Council on August 2 " During the Planning and Zoning Commission meeting on August 2 nd , the Commission received a presentation on Chapter 1 (Plan Context) and performed a land use exercise. On September 15 "' the Commission reviewed Chapter 2 (Land Use & Character) and received the initial report on the Future Land Use Plan, which is currently in progress. Action Required by Council: Receive report on the Comprehensive Update from Kendig Keast Collaborative. Approved for City Council Agenda Traci E. Leach, Assistant City Manager Date Comprehensive Plan Update - City Council Briefing 10/24/2011 Kendig Keast Collaborative Comprehensive Plan Update - City Council Briefing 10/24/2011 Kendig Keast Collaborative Comprehensive Plan Update - City Council Briefing 10/24/2011 Kendig Keast Collaborative Comprehensive Plan Update - City Council Briefing 10/24/2011 Kendig Keast Collaborative Comprehensive Plan Update - City Council Briefing 10/24/2011 Kendig Keast Collaborative Comprehensive Plan Update - City Council Briefing 10/24/2011 Kendig Keast Collaborative Comprehensive Plan Update - City Council Briefing 10/24/2011 Kendig Keast Collaborative Comprehensive Plan Update - City Council Briefing Natural I Agriculture I Countryside I Estate I Suburban Auto -Urban I Urban I Urban Core 10/24/2011 Kendig Keast Collaborative 8 Character p RELAFr \F BA.LA.VC'E QE GREEN 4F`_A.C'E, GREY 4F`_M T, RAID BROWN SP_V T Comprehensive Plan Update - City Council Briefing 10/24/2011 Kendig Keast Collaborative Comprehensive Plan Update - City Council Briefing 10/24/2011 Kendig Keast Collaborative 10 Comprehensive Plan Update - City Council Briefing 10/24/2011 Kendig Keast Collaborative 11 Comprehensive Plan Update - City Council Briefing 10/24/2011 Kendig Keast Collaborative 12 Comprehensive Plan Update - City Council Briefing 10/24/2011 Kendig Keast Collaborative 13 Comprehensive Plan Update - City Council Briefing 10/24/2011 Kendig Keast Collaborative 14 Comprehensive Plan Update - City Council Briefing 10/24/2011 Kendig Keast Collaborative 15 Park � y Comprehensive Plan Update - City Council Briefing 10/24/2011 Kendig Keast Collaborative 16 Comprehensive Plan Update - City Council Briefing 10/24/2011 Kendig Keast Collaborative 17 Comprehensive Plan Update - City Council Briefing 10/24/2011 Kendig Keast Collaborative 18 REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: October 24, 2011 Requested By: Mavor Rigbv Department: N/A Report: _Resolution: _Ordinance: Exhibit: Appropriation Source of Funds N.A. Account Number: N.A. Amount Budgeted: N.A. Amount Requested: N.A. Budgeted Item: _YES NO SUMMARY Mayor Rigby requested that an item to discuss the recruitment process for a new city manager be placed on the agenda. Action Required by Council: None. Approved for City Council Agenda Traci E. Leach, Assistant City Manager Date REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: October 24, 2011 Requested By: M. Huber Department: Planning Report: X Resolution: Ordinance: X Exhibits: Recommendation Memo from Board Exhibits: Ordinance with strikethroughs/highlights Exhibits: Ordinance Budget Source of Funds: Account Number: Amount Budgeted: Amount Requested: Budgeted Item: YES NO SUMMARY & RECOMMENDATION The Building Codes Appeals Board reviewed the 2011 Edition of the National Electrical Code (NEC) and the City's local amendments at the July 27 August 30 and September 27, 2011 meetings. Attached is the Board's recommendation memo. The draft ordinance includes the Board's recommendation, an update to Appendix B (Fines) and is effective December 01, 2011. This delayed implementation date is consistent with past practices that allow for mail notifications and update of forms. If approved, a mailer will be provided to electrical contractors, the information will become part of the City plan review notes, and the information will be posted on the City website and in the Inspection Services lobby. The recommendation is to adopt the 2011 Edition of the NEC and make no changes to the City's existing local amendments. Action Required by Council: Consider approval or other action on the ordinance adopting the 2011 Edition of the National Electrical Code Approved for City Council Agenda Traci E. Leach, Assistant City Manager Date v� uyl To: Honorable Mayor and City Council From: Tom Campbell, Chairman of the Building Codes Appeal Board CC: Building Codes Appeals Board Members; Debbie S. Wilmore, Chief Building Official; Ron Bottoms, City Manager; Traci Leach, Assistant City Manager; and Tim Tietj ens, Director of Planning Date: 10/18/2011 Re: Electrical Code Adoption with Local Amendments Earlier this year, staff reviewed the 2011 Edition of the National Electrical Code (NEC) and the City's existing local amendments. The Building Codes Appeals Board met on July 27 August 30 and September 27, 2011 meetings and reviewed the electrical code and existing local amendments At the September 27 meeting, the Board voted to recommend adoption of the 2011 Edition of the NEC with no changes to existing local amendments. The Board appreciates Council's support. Thank you. ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 82 OF THE CODE OF ORDINANCES OF THE CITY OF LA PORTE BY ADOPTING THE 2011 EDITION OF THE NATONAL ELECTRICAL CODE; PROVIDING A REPEALING CLAUSE; CONTAINING A SEVERABILITY CLAUSE; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; PROVIDING THAT ANY PERSON VIOLATING THE TERMS OF THIS ORDINANCE SHALL BE DEEMED GUILTY OF A MISDEMEANOR AND UPON CONVICTION SHALL BE FINED IN A SUM NOT TO EXCEED TWO THOUSAND DOLLARS; PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF; AND PROVIDING AN EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE, TEXAS: Section 1 : That Chapter 82, `Buildings and Building Regulations," Article IV, "Electrical Code" Division 5 "Standards ", Section 82 -336 "National Electrical Code — Adoption ", of the Code of Ordinances, LaPorte, Texas, is hereby amended to read as follows: "Sec. 82 -336. National Electrical code — Adoption. (a) The National Electrical Code, -2888 2011 Edition, is hereby adopted as the regulations to govern and to be observed and followed in all electric wiring and in all electrical construction, installation, repair, alteration, operation and maintenance of electric wiring, apparatus and fixtures, except for the amendments adopted in sections 82 -337 through 82 -350 of this chapter. (b) If a section of this article is found to be in conflict with a provision of any zoning, building, fire, safety or health ordinance or any regulation adopted pursuant thereto or any other ordinance or code or regulation of the city, the provision which establishes the higher standard for the promotion of the health and safety of the people shall prevail. (c) Any person who shall violate any provision of the standards adopted or established in this article shall be deemed to have committed a class C misdemeanor and upon conviction shall be punished by a fine in an amount as provided in appendix B of this Code. (d) All applicable fees shall be in accordance with appendix A of this Code." Ordinance No. Page 2 Section 2. Appendix A- Fees of the Code of Ordinances is hereby amended by adding the following article to Chapter 82 "Buildings and Building Regulations ", to wit: "Chapter 82. Buildings and Building Regulations Article IV. Electrical Code Division 5. Standards (a) Fine for violation of article ........... $2000..... 82- Section 3 : All ordinances or parts of ordinances inconsistent with the terms of this ordinance are hereby repealed; provided, however, that such repeal shall be only to the extent of such inconsistency and in all other respects this ordinance shall be cumulative of other ordinances regulating and governing the subject matter covered by this ordinance. Section 4: Should any section or part of this ordinance be held unconstitutional, illegal, or invalid, or the application to any person or circumstance for any reasons thereof ineffective or inapplicable, such unconstitutionality, illegality, invalidity, or ineffectiveness of such section or part shall in no way affect, impair or invalidate the remaining portions thereof, but as to such remaining portion or portions, the same shall be and remain in full force and effect and to this end the provisions of this ordinance are declared to be severable. Section 5 . Any person, as defined in Section 1.07 (27), Texas Penal Code, who shall violate any provision of the ordinance, shall be deemed guilty of a misdemeanor and upon conviction shall be punished by a fine not to exceed TWO THOUSAND DOLLARS ($2,000.00). Section 6. The City Council officially finds, determines, recites and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council is posted at a place convenient to the public at the City Hall of the city for the time required by law preceding this meeting, as required by Chapter 551, Tx. Gov't Code; and that this meeting has been open to the public as required by law at all times during which this ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. Ordinance No. Page 3 Section 7 . This Ordinance shall be effective on December 01, 2011. The City Secretary shall give notice of the passage of this ordinance by causing the caption hereof to be published in the official newspaper of the City of La Porte at least once within ten (10) days after passage of this ordinance. PASSED AND APPROVED this the day of 1 2011. CITY OF LA PORTE By: Louis R. Rigby, Mayor ATTEST: City Secretary APPROVED: Assistant City Attorney ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 82 OF THE CODE OF ORDINANCES OF THE CITY OF LA FORTE BY ADOPTING THE 2011 EDITION OF THE NATONAL ELECTRICAL CODE; PROVIDING A REPEALING CLAUSE; CONTAINING A SEVERABILITY CLAUSE; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; PROVIDING THAT ANY PERSON VIOLATING THE TERMS OF THIS ORDINANCE SHALL BE DEEMED GUILTY OF A MISDEMEANOR AND UPON CONVICTION SHALL BE FINED IN A SUM NOT TO EXCEED TWO THOUSAND DOLLARS; PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF; AND PROVIDING AN EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE, TEXAS: Section L That Chapter 82, "Buildings and Building Regulations," Article IV, "Electrical Code" Division 5 "Standards ", Section 82 -336 "National Electrical Code — Adoption", of the Code of Ordinances, La Porte, Texas, is hereby amended to read as follows: "Sec. 82 -336. National Electrical code — Adoption, (a) The National Electrical Code, 2011 Edition, is hereby adopted as the regulations to govern and to be observed and followed in all electric wiring and in all electrical construction, installation, repair, alteration, operation and maintenance of electric wiring, apparatus and fixtures, except for the amendments adopted in sections 82 -337 through 82350 of this chapter. (b) If a section of this article is found to be in conflict with a provision of any zoning, building, fire, safety or health ordinance or any regulation adopted pursuant thereto or any other ordinance or code or regulation of the city, the provision which establishes the higher standard for the promotion of the health and safety of the people shall prevail. (c) Any person who shall violate any provision of the standards adopted or established in this article shall be deemed to have committed a class C misdemeanor and upon conviction shall be punished by a fine in an amount as provided in appendix B of this Code. (d) All applicable fees shall be in accordance with appendix A of this Code." Ordinance No. Page 2 Section 2. Appendix A- Fees of the Code of Ordinances is hereby amended by adding the following article to Chapter 82 `Buildings and Building Regulations ", to wit: "Chapter 82. Buildings and Building Regulations Article .IV .electrical Cade Division 5. Standards (a) Fine for violation of article ........... $2000..... 82 -336" Section 3 : All ordinances or parts of ordinances inconsistent with the terms of this ordinance are hereby repealed; provided, however, that such repeal shall be only to the extent of such inconsistency and in all other respects this ordinance shall be cumulative of other ordinances regulating and governing the subject matter covered by this ordinance. Section 4: Should any section or part of this ordinance be held unconstitutional, illegal, or invalid, or the application to any person or circumstance for any reasons thereof ineffective or inapplicable, such unconstitutionality, illegality, invalidity, or ineffectiveness of such section or part shall in no way affect, impair or invalidate the remaining portions thereof, but as to such remaining portion or portions, the same shall be and remain in full force and effect and to this end the provisions of this ordinance are declared to be severable. Section 5 . Any person, as defined in Section 1.07 (27), Texas Penal Code, who shall violate any provision of the ordinance, shall be deemed guilty of a misdemeanor and upon conviction shall be punished by a fine not to exceed TWO THOUSAND DOLLARS ($2,000.00). Section 6. The City Council officially finds, determines, recites and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council is posted at a place convenient to the public at the City Hall of the city for the time required by law preceding this meeting, as required by Chapter 551, Tx. Gov't Code; and that this meeting has been open to the public as required by law at all times during which this ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. Ordinance No, Page 3 Section 7 . This Ordinance shall be effective on December 01, 2011. The City Secretary shall give notice of the passage of this ordinance by causing the caption hereof to be published in the official newspaper of the City of La Porte at least once within ten (10) days after passage of this ordinance. PASSED AND APPROVED this the day of , 2011. CITY OF LA PORTE Louis R Rigby, Mayor ATTEST: City Secretary APPROVED: /-, - ,, z A - 7 Assistant City Attorney REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: October 24, 2011 Requested By: Councilperson Kaminski Department: N/A Report: _Resolution: _Ordinance: Exhibit: Appropriation Source of Funds N.A. Account Number: N.A. Amount Budgeted: N.A. Amount Requested: N.A. Budgeted Item: _YES NO SUMMARY At the request of Councilperson Kaminski, an item to discuss the employee stipend for civil service employees was placed on the agenda for discussion. This issue was discussed during the Citizen Comments section of the agenda at the previous Council meeting. Staff will be present to respond to questions, as necessary. Action Required by Council: None. Approved for City Council Agenda Traci E. Leach, Assistant City Manager Date REQUEST FOR CITY COL Agenda Date Requested: 10/24/11 Requested By: Cite Council Prepared By: David Mick, Public Works Report: Resolution: Ordinance: Map of Proposed Second Water Main Feed Exhibits: for Bay Colony INCIL AGENDA ITEM Appropriation Source of Funds: Utility Fund Account Number: Amount Budgeted: S135,000 Amount Requested: Budgeted Item: YES NO SUMMARY & RECOMMENDATION City Council requested an update on the proposed capital improvement project to constrict a second water main feed to Bay Colony. This project was referred to as the " Shoreacres Interconnect" in the recently approved FY 11/12 city budget with a total of $135,000 authorized by city council. The project could have also been appropriately titled "Second Water Main Feed for Bay Colony." Existing Condition: As shown on the attached map, the only feed to the 241 residences in Bay Colony is from SR 146. Staff is concerned about the potential for a prolonged water service outage for the 175 residences located between Sunrise Drive and the bay in the event of a main break on the portion of the main located under the bayou. If a main break were to occur under the bayou, there is some possibility that the city would have to trick water to the 175 Bay Colony residences for a several days while the main was being repaired. Proposed Condition: The proposed water main extension down Sunrise Drive, located within the City of Shoreacres will provide a looped system for the 66 residences west of Sunrise Drive and a second feed for the remaining 175 residences east of Sunrise Drive. Benefits of Involving Shoreacres in the project: With Shoreacres participation, the design and constriction costs paid by the City of La Porte water customers would be reduced to $65,000 - $75,000 (down from $135,000). The cooperative agreement between the two cities would also include Shoreacres authorization for a La Porte water main within public right -of -way controlled by Shoreacres. Shoreacres is preparing a draft interlocal agreement for council's future consideration. Other Considerations: 1) Adding a second feed to the Bay Colony area is one of the Public Works Water Division's Top 3 water system improvement priorities. This is tale whether or not the project includes a direct connection with the Shoreacres system. 2) The proposed interconnect between the La Porte and Shoreacres systems would not be an active connection but would be closed and opened only in the event of an emergency water service shut down on either system. Action Required by Council: Provide staff direction for the completion of the second water main feed to Bay Colony. Approved for City Council A6enda Traci E. Leach, Assistant City Manager date Proposed Sunrise Waterline Interconnect E CIR Sunrise connection provides a looped water system with the capability to serve the 175 residences east of Sunrise Drive and 66 residences west of Sunrise Drive, Oi-clamar Thi-Product 10 to"1nf.opr7affonal purposes andmaynOt �6ve b&en prepamdfcs or Le soffeeh, onglaenring, or surveying purposes. It does nod represent an an4he-grouad wrvaY an MY Fee�IPPrOVmWe ro'BnVe acsearrorT property dories. Gov. C. §2501A0Z The user is encouraged to jndopendeWy verify adinforrnation confarned in Mrs pfoaucf. The Cdy ofLa Parts, rnak-s no ropreson?aftan of warranty as Fo me accuracy of this product or to !Is fit no, purposes: Th. —r, (1) --ptc th A . IR, LAWTi4 A9 �AUL (2) assumes ad responebffily for!he use thereof, and (3) releases the City of La Pane from any damage, doss, or ilobfiffy arising FrOM Soon use. REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: October 24, 2011 Requested By: Councilman Zemanek Department: N/A Report: _Resolution: _Ordinance: Exhibit: Utilit Map Exhibit: Appropriation Source of Funds N.A. Account Number: N.A. Amount Budgeted: N.A. Amount Requested: N.A. Budgeted Item: _YES _NO SUMMARY At the request of Councilman Zemanek, this item was placed on the agenda to discuss proposed infrastructure improvements to facilitate economic development. The catalyst for the discussion was the request from the property owner of 212 W. Main, who approached the City to discuss options for the renovation of the building into a pool hall. The proposed renovation would bring substantial capital investment and other benefits to the City. The current infrastructure serving the building does not support the required sprinkler system. Typically, this kind of improvement would be paid for through the standard utility fee charged for new development. Since this is an existing building, the proposed renovation and required utility upsize doesn't fit neatly into the City's traditional funding structure for infrastructure upgrades for development. In the past, the City had a capital improvement project in the Utility Fund that provided funds for this type of improvement associated with development. That project was eliminated from the budget in FY 2010. The City had tentatively agreed to provide labor to install a larger sized water line and the developer would provide the materials cost. The total cost of the utility upsize is approximately $7,500, with the developer funding the lion share of the amount for materials. The City portion was proposed to be an "in- kind" contribution for the labor. Staff would like direction from Council regarding future requests for infrastructure improvements that facilitate development. Action Required by Council: None. Approved for City Council Agenda Traci E. Leach, Assistant City Manager Date REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: October 24, 2011 Requested By: Councilman Zemanek Department: N/A Report: _Resolution: _Ordinance: Exhibit One: La Porte Municipal Code Chapter 14 Exhibit Two: Texas Health and Safetv Code Title 10 Exhibit Three: Anti Chaiiung Laws Exhibit Four: Questions and Answers about Chained Dogs Appropriation Source of Funds N.A. Account Number: N.A. Amount Budgeted: N.A. Amount Requested: N.A. Budgeted Item: _YES NO SUMMARY Councilman Zemanek requested staff follow up and Council discussion relating to the comments voiced during the Citizen Comments section of the October 10, 2011 Council meeting on the issue of chained dogs. Dogs chained to a fixed object (fence, tree, stake) are currently allowed by city ordinance (see Exhibit 1) as well as State Law (see Exhibit 2), so long as the animal is properly cared for. Ms. Brenda Davis, who spoke at the previous meeting, provided a packet of documents to the Council with information about this topic. Included in this packet was a survey of what other cities are doing in regards to chained /confined dogs and other information relating to the chaining of dogs. This information provided by Ms. Davis is included here as Exhibits Three and Four. Staff is available to answer questions and would like direction from Council on any proposed changes to the existing ordinances that are desired. Action Required by Council: None. Approved for City Council Agenda Traci E. Leach, Assistant City Manager Date La Porte Municipal Code Sec. 14 -1. - Definitions. The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Animal control officer means any person designated by the chief of police to represent and act for the city in the impoundment of animals, controlling of animals running at large and as otherwise provided and required in this article. Excreta means waste material eliminated or separated off from an organism, including excretions or feces of an animal. Inhumane treatment means any treatment to any animal which deprives the animal of sustenance, including food, water or protection from weather; any treatment of any animal such as overloading, overworking, tormenting, beating, mutilating or teasing; or other abnormal treatment as may be determined by the director of public health, director of the animal control division, or a law enforcement officer. Kennel means any lot, enclosure, premises, structure or building where four or more dogs and /or cats over the age of four months are kept or maintained for any purpose whatever, except a veterinary hospital operated by a graduate veterinarian duly licensed by the state board of veterinary examiners, or the impound facility operated by the city. Owner means any person owning, possessing, harboring, keeping or sheltering any animal. Rabies control authority means the immediate supervisor of the animal control officers. Running at large off the premises means any dog which is not restrained by means of a leash or chain of sufficient strength and not more than six feet in length to control the actions of such animal while off the premises, or any cat which is off the owner's property. Running at large on the premises means any dog not confined by the premises of the owner by a substantial fence of sufficient strength and height to prevent the animal from escaping therefrom, or secured on the premises by a metal chain or leash sufficient in strength to prevent the animal from escaping from premises and so arranged that the animal will remain upon the premises when the leash is stretched to full length. A dog intruding upon the property of another person other than the owner shall be termed at large. Any animal within an automobile or other vehicle of its owner or owner's agent shall not be deemed at large. A female dog in heat that is not enclosed shall be considered at large, whether on or off the premises. Unprovoked (with respect to an attack by an animal) means that the animal was not, immediately prior to an attack, incited into retaliation by virtue of being hit, kicked or struck by a person or animal with an object or a person or animal's body, nor was any part of the animal's body pulled, pinched or squeezed by a person or other animal. Vaccination means an injection of United States Department of Agriculture approved rabies vaccine administered as prescribed by rules or the state board of health. Veterinarian hospital means, for purposes of this chapter, a place where pet animals or livestock are treated for disease or injury, or pet animals are boarded under the supervision of a licensed veterinarian. Vicious or dangerous animal means: (1) Any animal which has behaved in such a manner that the owner knows or should reasonably know that the animal is possessed of tendencies to attack or to bite human beings or other animals; (2) Any animal certified by a doctor of veterinary medicine, after observation thereof, as posing a danger to human life, animal life, or property upon the basis of a reasonable medical probability; (3) Any animal that commits an unprovoked attack on a person or animal on public or private property; (4) Any animal that attacks or threatens to attack a person or animal; or (5) Any dangerous dog as defined in V.T.C.A., Health and Safety Code § 822.041. (Code 1970, § 5 -26; Ord. No. 93 -1922, § 1(5 -1), 8 -9 -93; Ord. No. 2006 -2960, § 1, 12- 11 -06; Ord. No. 3244, § 1, 4- 26 -10) Sec. 14 -2. - Penalty for violation of chapter. Any person who violates a provision of this chapter, upon conviction in the municipal court of the city, shall be subject to a fine in an amount established by the city and listed in appendix B of this Code. (Ord. No. 93 -1922, § 5, 8 -9 -93) Sec. 14 -3. - Duties of owners and persons in control and protection of animals. It shall be unlawful for any owner or person to: (1) Fail to prevent any animal from running at large within the corporate limits of the city. (2) Perform, do or carry out any inhumane treatment against any animal. (3) Interfere with or molest any dog used by the police department of the city in the performance of duty of such department. (4) Keep, possess, own, control, maintain, use or otherwise exercise dominion over any animal which by reason of noise, odor or sanitary conditions become offensive to a reasonable and prudent person of ordinary tastes and sensibilities, or which constitute or becomes a health hazard. (5) Keep or harbor any dangerous or vicious animal within the corporate limits of the city. (6) Keep, maintain, own or operate a dog kennel or cat kennel in any residential district within the corporate limits of the city. (Code 1970, § 5 -29; Ord. No. 1559, § 2(5 -29), 9- 14 -87; Ord. No. 93 -1922, § 1(5 -11), 8 -9 -93) HEALTH AND SAFETY CODE TITLE 10. HEALTH AND SAFETY OF ANIMALS CHAPTER 821. TREATMENT AND DISPOSITION OF ANIMALS SUBCHAPTER A. TREATMENT OF ANIMALS SUBCHAPTER D. UNLAWFUL RESTRAINT OF DOG Sec. 821.076. DEFINITIONS. In this subchapter: (1) "Collar" means any collar constructed of nylon, leather, or similar material, specifically designed to be used for a dog. (2) "Owner" means a person who owns or has custody or control of a dog. (3) "Properly fitted" means, with respect to a collar, a collar that measures the circumference of a dog's neck plus at least one inch. (4) "Restraint" means a chain, rope, tether, leash, cable, or other device that attaches a dog to a stationary object or trolley system. Added by Acts 2007, 80th Leg., R.S., Ch. 674 Sec. 1, eff. September 1, 2007. Sec. 821.077. UNLAWFUL RESTRAINT OF DOG. (a) An owner may not leave a dog outside and unattended by use of a restraint that unreasonably limits the dog's movement (1) between the hours of 10 p.m. and 6 a.m.; (2) within 500 feet of the premises of a school; or (3) in the case of extreme weather conditions, including conditions in which: (A) the actual or effective outdoor temperature is below 32 degrees Fahrenheit; (B) a heat advisory has been issued by a local or state authority or jurisdiction; or (C) a hurricane, tropical storm, or tornado warning has been issued for the jurisdiction by the National Weather Service. (b) In this section, a restraint unreasonably limits a dog's movement if the restraint: (1) uses a collar that is pinch -type, prong -type, or choke -type or that is not properly fitted to the dog; (2) is a length shorter than the greater of: (A) five times the length of the dog, as measured from the tip of the dog's nose to the base of the dog's tail; or (B) 10 feet; (3) is in an unsafe condition; or (4) causes injury to the dog. Added by Acts 2007, 80th Leg., R.S., Ch. 674 Sec. 1, eff. September 1, 2007. Sec. 821.078. EXCEPTIONS. Section 821.077 does not apply to. (1) a dog restrained to a running line, pulley, or trolley system and that is not restrained to the running line, pulley, or trolley system by means of a pinch -type, prong -type, choke -type, or improperly fitted collar; (2) a dog restrained in compliance with the requirements of a camping or recreational area as defined by a federal, state, or local authority or jurisdiction; (3) a dog restrained for a reasonable period, not to exceed three hours in a 24 -hour period, and no longer than is necessary for the owner to complete a temporary task that requires the dog to be restrained; (4) a dog restrained while the owner is engaged in, or actively training for, an activity that is conducted pursuant to a valid license issued by this state if the activity for which the license is issued is associated with the use or presence of a dog; (5) a dog restrained while the owner is engaged in conduct directly related to the business of shepherding or herding cattle or livestock; or (6) a dog restrained while the owner is engaged in conduct directly related to the business of cultivating agricultural products, if the restraint is reasonably necessary for the safety of the dog. Added by Acts 2007, 80th Leg., R.S., Ch. 674 Sec. 1, eff. September 1, 2007. Sec. 821.079. PENALTY. (a) A person commits an offense if the person knowingly violates this subchapter. (b) A peace officer or animal control officer who has probable cause to believe that an owner is violating this subchapter shall provide the owner with a written statement of that fact. The statement must be signed by the officer and plainly state the date on which and the time at which the statement is provided to the owner. (c) A person commits an offense if the person is provided a statement described by Subsection (b) and fails to comply with this subchapter within 24 hours of the time the owner is provided the statement. An offense under this subsection is a Class C misdemeanor. (d) A person commits an offense if the person violates this subchapter and previously has been convicted of an offense under this subchapter. An offense under this subsection is a Class B misdemeanor. (e) If a person fails to comply with this subchapter with respect to more than one dog, the person's conduct with respect to each dog constitutes a separate offense. (f) If conduct constituting an offense under this section also constitutes an offense under any other law, the actor may be prosecuted under this section, the other law, or both. Added by Acts 2007, 80th Leg., R.S., Ch. 674 Sec. 1, eff. September 1, 2007. Sec. 821.080. DISPOSITION OF PENALTY. Notwithstanding any other law, the clerk of a court that collects a penalty under this subchapter shall remit the penalty collected for deposit in the general fund of the county. Added by Acts 2007, 80th Leg., R.S., Ch. 674 Sec. 1, eff. September 1, 2007. Sec. 821.081. HAND -HELD LEASHES. This subchapter does not prohibit a person from walking a dog with a hand -held leash. Added by Acts 2007, 80th Leg., R.S., Ch. 674 Sec. 1, eff. September 1, 2007. Uichain Your Dog.org I Improve Dog Chaining or Tethering Laws /Ordinances Doesn't Man's Best Friend Deserve More than Life on a Chain? Photos f=acts Cruelty _..: ; Dog Gina News ..... ? Oinks About You Can , =�.Q ff Help! 20 Ways to Help Adopt a Rescued Dog Build Fences Build Trolleys Care for Dogs Donate Money Educate Kids Find Homes for Rescued Dogs Get Handouts & Merchandise Learn the Facts Pass Laws Talk to Chained Dog Owners Watch Celebrity PSAs: Chaining /Dogfighting Dogfighting Watch Chaining Presentation Anti- Chaining Laws Page Updated August 2011 Visit our How You Can Improve Laws page for a step -by -step guide to passing a law In your community. Citizens across the U.S. are successfully lobbying for new laws. You can do it, tool Educational PowerPoint (PPT file for general Petition Flyer /Cover Sheet audiences) Maumelle, Arkansas Educational PowerPoint (PDF Ole for general How Chaining Laws Work in 7 Communities audiences Collier County, Florlde Ordinance PowerPoint (PPT file for law makers) How Enforceable Will Our Law Be? View speakers notes for Instructions on using Miami, Florida Chaining Q &A Word Animal Control Interviews re: Chaining Bans Chaining Q &A PDF How Laws Impact Loose Dogs /Dog Bites Photos of Injured Children and Chained Dogs PDF Visit DDB, HelpingAnimals, ASPCA, and HSUS Durham County, North Carolina for more resources! The following com munifies have banned or regulated chaining in their animal protection ordinances. Animallaw.info is another good source of information. Statewide Laws California Nevada Connecticut Texas Communities Ulat Prohibit Chaining Fayetteville, Arkansas Cobb County, Georgia Maumelle, Arkansas Houston County, Georgia Tucson, Arizona Gwinett County, Georgia Collier County, Florlde Statham, Georgia Escambia County Florida' Macon /Bibb County, Georgia` Miami, Florida New Orleans, Louisiana Okaloosa, Florida Columbia, Missouri Seminole Florida' Carthage, Missouri Blakely, Georgia Durham County, North Carolina Chatham County, Georgia New Hanover, North Carolina West Palm Beach, Florida Ronoke Rapids, North Carolina Virginia West Virginia New Richmond, Ohio Lawton, Oklahoma Austin, Texas Big Spring, Texas Electra, Texas Ft Worth, Texas Georgetown, Texas Irving, Texas Kyle, Texas Live Oak, Texas Kanawha County, West Virginia • Maybe chained if attended by owner (owneris outside with the dog), which is practically a total ban Communities that Limit Chaining by Time North Little Rock, Arkansas Wichita, Kansas Fort Smith, Arkansas Jefferson County, Kentucky Los Angeles, California Louisville, Kentucky Kem County, California Baker, Louisiana San Bernardino, California Denham County, Louisiana Denver, Colorado East Longmeadow, Massachusetts Dania, Florida Carroll County, Maryland Ft Lauderdale, Florida Frederick County, Maryland Hollywood, Florida Battle Creek, Michigan Oakland Park, Florida Red Lake Fails, Minnesota West Palm Beach, Florida St. Paul, Minnesota Wilton Manors, Florida Greve Coeur, Missouri Orange County, Florida O'Fallon, Missouri Pembroke Park, Florida Laurinburg, North Carolina Tarpon Springs, Fl orida Orange County, North Carolina DeKalb County, Georgia Camden, New Jersey Bloomington, Indiana Lower Township, New Jersey Indianapolis, Indiana Ocean City, New Jersey Marion, Indiana Sea Isle City, New Jersey Dodge City, Kansas Wildwood, New Jersey Lawrence, Kansas Wildwood Crest, New Jersey Leavenworth, Kansas Canandaigua, New York Albuquerque, New Mexico Laurinburg, North Carolina Scotland County, North Carolina North Royalton, Ohio Chagrin Falls, Ohio Middletown, Ohio Bartlesville, Oklahoma Multnomah County, Oregon Hazleton, Pennsylvania Oak Ridge, Tennessee Montgomery County, Tennessee Grand Prairie, Texas Danville, Virginia Northampton County, Virginia Norfolk, Virginia Smithfield, Virginia Staunton Virginia Richmond, Virginia Virginia Beach, Virginia Moundsville, West Virginia Charleston, West Virginia Linn, Wisconsin h4:// www.unchainyourdog.org/Laws.htm 10/10/2011 Help Dogs Deserve Better turn Michael Vick's dogfighting property into a home for rescued do gal Unchain Your Dog.org I Improve Dog Chaining or Tethering Laws /Ordinances Overland Park, Kansas New York City, New York Racine, Wisconsin Topeka, Kansas Huntington West Virginia Communities that Permit Tetheri ng if 0th er Conditions are Met (including trolleys) Falrhope, Alabama DeKalb County, Georgia Lincoln, Nebraska Little Rock, Arkansas Aurora, Illinois Dennis Township, New Jersey North Little Rock, Arkansas Noblesville, Indiana Bernaltllo County, New Mexico Hemet, California Terre Haute, Indiana Catawba County, North Carolina Freemont, California Bowling Groan, Kentucky Greenville, North Carolina San Bernardino, California Baton Rouge, Louls€ ana Surry, North Carolina San Diego, California Ouachita, Louisiana Allen, Texas San Francisco, California St Charles Parish, Louisiana Lubbock, Texas San Jose, California Montgomery County, Maryland Richland Hills, Texas Larimer County, Colorado Kansas City, Missouri Washington D.C. Alachua County, Florida Raytown, Missouri Statewide Laws California 2006 Health and Safety Code, Division 105, Part 6 Chapter 8. Dog Tethering (b) No person shat I tether, fasten, c hain, t or restrain a dog, or cause a dog to be tethered, fastened, chained, Ste d, or restrained, to a dog hous e, tree, fence, or any other stationary object. (c) Notwithstanding subdivision (b), a person m ay do any of the following in accordance with Section 597t of the Penal Code: (1) Attach a dog to a running line, pulley, or trolley system. A dog shall not be tethered to the runn€ ng line, pulley, or trolley system by means of a choke collar or pine h collar. (2) Tether, fasten, chain, tie, or otherwise restrain a dog pursuant t o the requaem ents of a camping or recreational area. (3) Tether, fasten, chain, or tie a dog no longer than i s necessary for the person to complete a temporary task that requires the dog to be res trained for a reasonable period. (4) Tether, fasten, chain, or tie a dog while engaged in, or actively training for, an activity that is conducted pursuant to a val Id license Issued by the State of California 1 If the activity for which the license €s issued is associated with the use or presence o f a dog. Nothing in this paragraph shall be construed to prohibl t a person from restraining a dog while p articipating in activities or using accommodations that are reasonably associated with the licensed activity. (5) Tether, fasten, chain, or tie a dog while actively engaged in any of the following: (A) Conduct that is directly related to the business of shepherding or herding cattl a or livestock. (B) Conduct that is directly related to the bus€ ness of cultivating agricultural products, if the restraint is reasonably necessary for the safety of the dog. (d) A person who viol ates this chapter is gui Ity of an infraction or a m isdemeanor. (1) An Infraction under this c hapter Is punishable upon conviction by a fine of up to two hundred fifty dollars ($250) as to each dog with respec t to which a violation occurs. (2) A misdemeanor under this c hapter is pun! shable, upon conviction by a fine of up to one thousand do Ilars ($1,000) as to each dog with respec t to which a violation occurs, or imprisonment in a county jail for not more than six months, or both. (3) Notwithstanding s ubdivision (d), anlm all control may issue a correction warning to a person who violat as this chapter, requiring the owner to correct the violation, in lieu of an infraction or misdemeanor, unless the Violation endangers the heal th or safety of the animal, the animal has been wounded as a result of the violation, or a correction warning has prev iously been issued to the indiv €dual. (e) Nothing in this chapter shall be construed to prohibit a person from walking a dog with a hand -held leash. Connecttcu t Chapter 435. Dogs and O ther Companion Animals. Kennels a nd Pet Shops Sec. 22 -350a. Tethering and confining of dog for unreasonabl a period of time. Fine. Any person who confines or tethers a dog for an unreasonable peri od of time shall be fined not more than one hundred dollars for the fi rsl offense, not I ass than one hundred dollars or m ore than two hundred fifty dollars for a second offens e, and not less than two hundred fifty dollars or more than five hundred dollars for any subsequent offense. Nevada Beginning Oct. 1, 2009 The amended bill, S.B. 132, reflects a limit of 14 hours per day for tethering and als o restricts the use of choke, chain and prong collars in tethering or chaining dogs. http:// www.unchainyourdog.org/Laws.htm 10/10/2011 Unchain Your Dog.org I Improve Dog Chaining or Tethering Laws /Ordinances The amendments clarify that a tether, tie, chain or other restraint must beat least 12 feet long. Dogs tied to a stationary object must have a restraint that allows the dog to move at least 12 feet Dogs tied on trolleys or pulleys must be able to move a total of at least 12 feet. The amended version does not specify pen sizes for dogs but does state enclosures should be appropria to for the size and breed of the dog. The bill would not appl y to dogs (1) kept by veterinarians or in a boarding facility or shelter or tem porarily at a campsite or as part of a rescue operati on, (2) being trained for hunt! ng or used for hunting durin g hunting season, (3) entered in an exhibiti on, show, contest or the like; (4) living on land that is directly related to an active agricultural operati on If the restraint I s reasonably necessary to ensure the safety of the dog; (5) whose owners are engaged € n a temporary task up to one hour. "[A)gricultural operation" means "any activity necessary for the commercial growing and harvesting of crops or the raising of livestock and poultry." Texas (read complete law) Sec.A821.077.UN LAWFUL RESTRAINT OF DOG. (a) An owner may not leave a dog outside and unattended by use of a restraint that unreas onably limits the dog's movement: between the hours of 10 p.m. and 6 a.m.;whhin 500 feet of the preen !sea of a school; or in the case of extreme weather oondit€ons,including condition s in which: the actual or effective outdoor temperature Is below 32 degrees Fahrenhal t; a heat advisory has been issued by a local or state authority or jurisdiction; or a hurricane, tropi cal storm, or tornado warning has been Issued for the jurisdiction by the National Weather In this section, a restraint unreasonably limits a dog 's movement if the restraint:uses a collar that is pinch- type, prong -type, or choke -type or that is not properly fitted to the dog;is a length shorterthan the greater of: five times the length of th a dog, as measured from the tip of the dog 's nose to the base of the dog 's tall; or 10 feet;is in an unsafe condition; or causes injury to the dog. Virginia Title 3.1 "Adequate space" ... When an animal is tethered, "adequate space" means a tether that permits the above actions and is appropriate to the age and size of the anlm al; is attached to the anim al by a properly applied collar, halter, or harness configured so as to protect the animal from injury and prevent the animal ortether from becoming entangled with other objects or animals, or from extending over an object or edge that could result in the strangulation or inj ury of the animal; and is at least three times the length of the animal, as measured from the tip of €ts nose to the base of Its tail, except w hen the animal Is being walked on a leash or is attached by a tether to a lead line. When freedom of movement would endanger the anim al, temporarily and appropriately restricting movement of the anlm al according to professionally accepted standards for the species is considered provis !on of adequate space. Section 796.68. Care of animals by owner; penalty. A. Each owner shall provide for each of hi s companion animals: 4. Adequate space in the primary enclosure for the particul ar type of animal depending upon I is age, size, species, and weight; West Virginia http: / /www.poiscl.wvu.edu /ipa /par /repor ter24_i.pdf Chapter81 -8-19. Cruelty to animals; penalties; exclusions. (a) If any person ... cruelly chains any animal .... he or she is guilty of a misdemeanor and, upon conv ictlon thereof, shall be fined not lea s than three hundred nor in ore than two thousand dol tars or confined in jail not more than six months, or both. [top] Communities that Prohibit Chaining Fayetteville, Arkansas April, 2007 - See news story Direct point chaining Is prohibited. Dogs may be restrained by means of a trolley system if the owner is present. Maumelle, Arkansas The ordinance, which Is regarded as the first o f its kind, prohibits tethering dogs to s tafionary objects, such as dog houses. In addition, it requires that dogs be provided with approved housing. http://www.unchainyourdog.org/Laws.htn 10/10/2011 Unchain Your Dog.org ! Improve Dog Chaining or Tethering Laws /Ordinances Confinement of Animals: From and after the passage of this Ordinance any person owning animals whether vaccinated or unvaccinated, licensed or unlicensed, sh all confine such animal within an adequate fence or enclosure, or within a house, garage or other building in conformance with Maumelle tail of Assurance or! is successor. Animals shall not be tied or chained to dog houses, or other stationary objects, but must be in an approved enclosure. Sterilized cats are exempt from confinement. The ordinance also mandates that dog enclosures must provide at least one hund red and fifty square feet of space for dogs over six months of age. Tucson, Arizona Tucson's ordinance does no t apply solely to dogs. A person has thirty days once they are found chaining an animal to provide other means of confinement, as long as other conditions of confinement and care are being met. Tucson Code Sec. 4 -3(2) Tieouts (tethering) are prohibited. How ever, if an animal is found on a tieout, the owner of the animal may be permitted to keep the animal on the tleout for less than, but in no case more than, thirty (30) days from the discovery of the tieout. I n determining whether to grant this pe rmission, the enforcement agent may take into consideration the owner's past record with the subj act animal and with other animals. In addition, this permission may be granted only on condition that the owner and the tieout, when found, are in com pllance with all the applicable laws relating to animals, including the tieout provisions of former subsection (e)(2) which were as follows: On a tieout, consisting of a chain, leash, wire cable or similar restraint attached to a swivel or pulley. A tieout shall be so located as to keep the animal exclusively on the secured prem ises. Tieouts shall be so located that they cannot become entangled with other obj ects. Collars us ad to attach an ani mal to a tieout shall not be of a choke type. No tieout shall am ploy a restraint which is less than ten (10) feet in I ength. Further, the grace period is nut I and void immediately if the owner and the Tieout are not, at any time during the grace period, in c ompliance with the afore - mentioned tieou t provisions and all the other applica ble laws relating to animals. Non - compliance with any of the foregoing provis ions in this subsection (e )(2) may result in the impoundment of the anim al at any time. [Additional language requires a hearing) (3) Temporary tethering for horses is exempt from the provisions of subsection (e)(2) above. Sec. 4.97(2) It shall be unlawful for any dog owned, posses sed, kept, or harbored or in aintained to be at I arge upon or about the private property of any person, including that of the owner of such dog. Confinem ant shall be accom plished by means of a fence or s imilar enclosure of sufficient strength and height to prev ent the dog from escaping therefrom, or inside a hou se or other buildi ng, to keep the dog exclusi vely on the pram ises where secured. rieouts are prohlbite d- (3)Temporary tethering for horses is exempt from the provisions of Tucson Code, subset lion 4- 3(2)(e)(2). Sec. 4 -3(4). Any person violating the provisions of this section shag be guilty of a misdemeanor. Collier County Florida 2009 b)Any enclosure used as a primary means of confinement for a dog must meet the definitlon of proper enclosure as stated in Sect! on 14 -35 of this Articl e. It shall be unlawful for a responsi ble party to tether a dog while outdoors, except when all of the following conditions are met This section shall not apply to the transportation of dogs: (1) The dog is in visual range of the responsible party, and the respons lble party is located outside with the dog. (2) The tether is connected to the dog by a buckle -type collar or a body harness made of nylon or leather, not less than one inch in width. (3) The tether has the following properties : It is at least five times the length of the dog's bod y, as measured from the tip of the nos a to the base of the tail; it terminates at both ends with a swivel; it does not weigh more than 7 of the dog's weight; and ! t Is free of tangles. (4) The dog is tethered in such a manner as to prevent injury, strangulation, or entan glement. (5) The dog is not outside during a period of extrem a weather, including without I irritation extreme heat or near - freezing temperatures, thunderstorms, tornadoes, tropical storms, or hurricanes. (6) The dog has access to water, shelter, and dry ground. (7) The dog is at least six months of age. Puppies s hall not be tethered. (0) The dog is not sick or injured. (9) Pulley, running line, or trolley systems are at least 15 feet In length and are le ss than 7 feet above the ground. (10) If there are multiple dogs, each dog is tethered separately. EscambiaCounty Florida 2010 Tether means to restrain an an imal by tying to any stationary object or structure, including but not limited to a house, tree, fence, pos t, garage or shed, by any means, including but not limited to, a chain, rope, cord, leash or pulley /running line, but shall NOT include the use of a leash when walking an animal. No animals under six months of age shall be tethered. http:// www.unchainyourdog.org/Laws.htrn 10 /10 /2011 Unchain Your Dog.org I Improve Dog Chaining or Tethering Laws /Ordinances Those animals over six months in age can only be tethered when: The animal is invisible range of the responsible patty. The tether is am inimum of six feet or is at least 5 times the length of the anim al, has a swivel at both ends and does not weigh more than 1/16 of the animal's weight. Overhead runtpull ey line shall beat least 15 feet in length and no 1 ass than seven feet above the ground at all times. Tethers must be fastened to a properly fitted body hamess or buckle collar made of nylon or leather. Tether must be free from entanglement and other obstructions at all times. Tethered animal shall have access to potable water, food, shelter and dry ground at all times. Animals shall not be tethered while s ick, injured or in distress. Animals shall not be tethered outs ide during a period of extreme weather, including but not lim Red to, extreme heat, extreme cold, thunderstorms, tornadoes, tropical storms, or hurricanes. Multiple animals must be tethered sepa rately. Miami, Florida -April 2008 Tethering is prohibited unless the owner fs outside with the dog and other requinam ents are met The Preamble to Miami's new ordinance notes: "improper tethering and care of dogs is atrocious and made worse by the extreme heat in South Flod do" and "Improper tethering of dogs is problematic, Injurious and can be life threatening to dogs." (a) As used in this section, tether means to restrain ado g by tying the dog to any objector structure, including without limitation a house, tree, fence, post, garage, or shed, by any means, including without limitation a chain, rope, cord, leash, or running line. Tethering s hall not include using a leash to walk a dog. (b) It shall be unlawful for a responsible party to tether the dog while outdoors, except when all of t he following conditions are met: (1) The dog is in visual range of the responsible party, and the respons ible party is located outside with the dog. (2) The tether i s connected to the dog by a buckle -type collar or a body harness made of nylon or leather, not less than one inch In width. (3) The tether has the following properties : it is at least five times the length of the dog's body, as measured from the tip of the nos a to the base of the t ail; It term Inates at both ends with a swivel; it does not weigh more than 1/8 of the dog's weight; and 11 is free of tangles. (4) The dog is tethered in s uch a manner as to prevent injury, strangulation, or entan glement. (5) The dog is not outside during a period of extrem a weather, including without 1 imitation extreme heat or near - freezing temperatures, thunderstorms, tornadoes, tropical storms, or hurricanes. (6) The dog has access to water, shelter, and dry ground. (7) The dog is at least six (6) months of age. Puppies sh all not be tethered. (6) The dog Is not sick or injured. (9) Pulley, running line, or trolley systems are at least 15 feet in length and are le ss than 7 feet above the ground. (10) if there are multiple dogs, each dog is tethered separately. Okaloosa, Florida (population 100,000) Tethering dogs and ca is is prohibited, Sec. 5 -28. Restraint and confinem ant to property. (d) Dogs or cats shall not be chained, tied, fasten ad or otherwise tethered to dog houses, trees, fences or other stationary objects as a means of confinement to property. Seminole Florida 2009 From the Seminole Beacon http ; / /www.tbnweekly.com /pubs /seminole_ beacon /content articles1122909_smb- 01.bd SEMINOLE — It's official. Anyone who ties up an unattended dog will b e subject to a fine from the city of Seminole. After hearing argum ants from both sides of the issue, the Seminole City Council voted unanimously on second reading Dec. 22 to pass an ordlnan ce that prohibit s dog ow ners from leaving their pets chai ned up ... Councilor Dan Hester, who sponsored the ordinance, reminded Doyle the ordinance does not prevent dog owners from tethering in all Instances. 'You can (tether a dog) but you must be with your dog,` said Hester. "if you leave to go to the store, y ou would be in violation of the ordina nce. "...The ordinance affec is only pet owners who leave dogs outside unattended. Dogs may still be on a tether if the owner is outside within v isual range of the animal... Tethered canines must be at feast 6 in onths old and have access to water, shelter and dry ground. Pulleys, running lines and trolley systems must beat least 15 feet in length and no less than 7 feet above the ground. Blakely, Georgia - March 2008 Tethering dogs and ca is is prohibited. www.earlycountynews. Chaining or tying dogs is no Ion gar an option for city residents. The Blakely City Council voted at Its March 4, http:// www.unchainyourdog.org/Laws.htm 10/10/2011 Unchain Your Dog.org I Improve Dog Chaining or Tethering Laws /Ordinances 2008 meeting to adopt a change in the city's animal control ordinance that prohibits tethering dogs and requires owners to provide a pen or font ad yard instead. In addition, the ordinance requires the t owners prevent their animals from becoming nuisances to others and that when not secured in a pen or fens ed yard, dogs must be on a teas h held by an able- bodied person. Chatham County, Georgia August 12, 2005 This ordinance prohibits the tethering of dogs and cats to any object, stationary or otherwise, in unincorporated areas of the county. § 22 -139 Tethering. it shall be prohibited in unincorporated C hatham County to retain or confi no to property of dogs or ca is in a manner achieve d by stationary or non - stationary dog houses, barrels or other stationary object as such means of confinement within the property. 22 -137 Animal Neglect A person that is the owner or custodi an of any animal may be found to be guilty of animal neglect by a finding that any one or more of the following conditions were allowed to exist: a) Lack of Immediately available proper drinking water or inadequate su pply of drinkable water b) Lack of wholesom e, palatable, free from contamination food or sustenance to be provided in sufficient quantity c) failure to provide an anim al sufficient space to stand to full height, turn around, lay dog and make normal postural adjustments for comfort d) the lack of providing a stationary shelter from weather such as sun, roln, wind, or inclement weather or to maintain said shelter in a clean, sanitary condition free of excrement and unreasonabi a objectionable odors. e) to have an anim al in possession that Is known to or suspected to have an injury, accidental or del iberate, or to exhibit any signs of disease, shock, temperature fluctuations, tremors, swelling, open wounds, inability to eat, blistering or abnormal bleeding, partial paralysis, discharging blood or mucus, failure to arrange for medical care. Cobb County, Georgia Sec. 10 -11. Control of Animal. (a) General Control. Restraint of dogs and /or anim als shall be maintained as follows: a. When upon the premises of the owner, all animals shall be kept indoors or in a primary enclosure as defined by this chapter in such a manner as to contain the a nlmal within the bo unds of the owner's premises, or on a leash in the hands of a perso n that possesses the ability to restrain the animal. Tethering as a means of primary enclosure is not permitted. Houston Co, Georgia Restraint means any animal which is on a leash or at h eat or beside a e ompetent person and obedient to that person's commands, or within a vehicle being driven or parked on the streets and roads of Houston County , or in a fenced area within the real property limits of the owner (if z oned R -1, R -2, R -3, R-4, RMH or PUD), or within the property limits of a RAG zone. Invisible fence systems are allowed if they are maintained in good working order and keep the animal contained. The primary means of restraint within the property may not be by means of a chain, cable, rep a or other stakeout or tieout device. Gwinett County, Georgia http: / /www.gwinnettcounty.com /department s/animaLwelfare /pdf /Ani mal_ControLOrdina nce.pdf Sec. 10 -29. Restraint. (a) It shall be unlawful for any owner or possessor of any dog to fail to keep the dog under restraint o r control as provided for in this section. (b) A dog is considered not under restraint or control when It i s running at large, whether w earing a collar and tag or not. Reasonable care and precautions shall be taken to prevent the dog from leaving the real property limits of its owner, posses sor, or custodian, and ensure that (1) It is securely and humanely enclosed within a house, building, fence, pen or other anclos Lire out of which it cannot climb, dig, jump, or otherwise escape on its own volition; and that such enclosure is securely locked at any time the animal is left unattended; or (2) It Is securely and humanely restrained by an invisible containment system. If using an invisible containment system, a sign must be posted on the property indicating that the system is in place; or (3) It is on a leash and under the control of a competent person; or it is off leash and obedient to and under voice command of a competent person who is in th a immediate proximity of the dog any time it is not restrained as provided for in subsection (1) or (2) above while on the owner's property . (4) It shall be unlawful for the owner or possessor of any animal to restrain or anchor an animal by means of a tether, chain, ca ble, rope or cord, unles s the tether or other restraint t s being he] d by a competent person. Macon /Bibb County Georgia Sec, 5 -20. Tethering and transport, prohibited conduct. (a) It shall be unl awful for any owner or other person c ontrolling or pos sessing any dog or cat to: http:// www .unchaainyourdog.org/Laws.htm 10/10/2011 Unchain Your Dog.org I Improve Dog Chaining or Tethering Laws /Ordinances (1) Leave a dog or cat tethered outdoors while unattended by its owner. (2) Tether a dog or cat except by means of a properly fitting harness or collar of nylon or leather construction and a tether in proportion to the s Ize of the animal. The tether must beat least fifteen (15) feet in length with a swivel at both ends. (3) Tether a dog or c at outdoors under condi Lions where the anim al or tether can becom a entangled on the tether, another animal, or some other object or where the tether can rest riot the animal's access to suitable, edible, and s ufficlent food, clean water (cool in summer and unfrozen in winter), and appropriate shelter. (4) Tether a dog or c at outdoors In uns ate or unsanitary conditions or when said tether does not al low the animal to defecate or urinate in an area s operate from the areas where it in ust eat, drink or lie down. (5) Expose a dog or cat to any weather condi tions that cause immediate Imminent threat to the anim al's physical well- being. (6) Transport any dog or cat in the be d of a pick truck unless the dog or cat 1 s secured inside of a commercially designed container intended for the safe trans port of dog and cats or otherwise secured so as not to allow the dog or cat the ab ility to escape from the vehicle. (b) A person who is convicted, pleads gull ty or nolo contendre to a viol aflon of this section shall suffer the following minimum punishment: (1) First offense, minimum fine: thirty -five dollars ($35.00). (2) Second often se within a one -year period, minimum Hine: fifty dollars ($50.00). (3) Third offense within a one -year period, minimum fine: seventy -five dollars ($75.00). (4) Fourth or subsequent offense within a one -year period, minimum fine: one hundred dollars ($100.00). New Orleans, Louisiana Stationary confinement by tethering c onsidered cruet freatment. Sec. 18 -2.1 (a) Shelter and Care. (1) Shelter in ust be sanitary, of sound construction, and provide adequate protecti on from the cold and heat. Shelter must be placed In a dry area free of debris, feces, and standing water. 1 t must have at least three s Ides and a weatherproof roof; have a solid sanitary floor, be adequately ventilated; provide shelter from wind, rain, sun and the elem ants at all times. Suitable drainage in ust be provided to that water is not standing I n or around the shelter. (2) Shelter in ust be large enough for the ani mal to stand, turn around, and lie down w ithout touching the sides or top of the shelter. (3) When outdoor tam peratures reach freezing levels, all cats, dogs, and sm all domestic animals must be moved Indoors or to an area that provides heat and shelter from the weather. (4) All areas where animals are kept shall be cleaned regularly so that fecal matter is disposed of so not to attract insects or rodents, becom a unsightl y or cause obj ectionable odor. (5) An animal control officer may remove an animal that Is living in conditions that do not meet standards outlined in 18 -2.1. If modifications to the shelter or liv Ing area do not in eat the standards within t1 ve business days, that animal becomes the property of the WSPCA. (6) If multiple animals are presen t in one location, each ani mal must have a separate and c lean food bowl. Each animal must have access to shelter and the owner must meet al standards as detailed in this section. (b) Tethering. No anim al shall be tethered as a prim ary means of stationary confinement; stationary confinement by tethering shall be considered cruel treatm ent. Carthage, Missouri December 8, 1992 - Tethering dogs is prohibited. Sec 4 -7 (a) All dogs must be confined within a fenc ad area, unless on a leash not I owner than six feet long. At no time may any dog be tied to or leashed to inanimate objects i.e. trees, posts, etc. (b) Parsons found guilty of violati ng this section will be liable to fines ranging from : $25.00 - $200.00. H owever, if s aid dog has been . spayed or neutered the fi nes may be reduced, upon provided proof. Columbia, Missouri March 2011 Sec, 5 -6. Animal abuse; unlawful impoundment; unlawful confinement. (a) unlawful acts, It shall be unlawful for any person to: (6) Tether an animal as the primary method of restraining an animal to any Property; (7) Tether an ani mal using a choke collar; (8) Tether an animal without using a properly fitted collar or harness made of nylon or leather; or (9) Tether an ani mal without using a tether of appropriate length and weight for free animal movement that Includes swivel s at both ends. New Hanover, North Carolina Chaining or tethering dogs i s prohibited. A chef n or rope is not to be used in pla ce of a leash when walking dogs. Sec. 3.4 (d) Restraint: An anim al is under restraint within the meaning of this chapter if it is controlled by means of a leash, or Is suffidently near the owner or handler to a under his di rect control and is obedient to that parson's command; or is on or within a vehicl e being driven or parked; or is within a s ecure enclosure. Exceptions to restraint are as follows: Organized and lawful animal functions e.g. hunting, obedience training, http:// www.unchainyourdog.org/Laws.htm 10/10/2011 Unchain Your Dog.org I Improve Dog Chaining or Tethering Laws/Ordinances field and water training, I aw enforcement training and /or In the pursuit of working or competing in those legal endeavors. When a dog is on the property of its owner of guardian it shall be secured when not supery Ised by a competent person. Rapes, a hains, and the like shall not constitute adequate security under this ordinanc e. Durham County, North Carolina September 2008 From www.indyweek.com: By a 4 -1 vote, Durham County Commissioners Monday night passed several amendments to a local ordinance that outlaws the unattended tethering of dogs , effective Jan. 1, 2010. Tetherin g Is defined as tying out or fastening a dog outdoors on a rope, chat n or other kind of line; it does not include putting a dog on an attended leash. The am endments also cover physical space requirements for outdoor endos ures, such as pens; Dogs less than 20 pounds m ust have no less than to[) square feet of unobstructed s pace per anim al, not Including a dog house; dogs more than 20 pounds must have no less than 200 square feet http: / /www.durham countync.gDv /departments /bocc/ Information / PROPOSED ° /a20AMENDMENTSQ /*20T0% 20THE% 20ANIMAL %2000NTROL %200RDINANCE. pdf Roanoke Rapids, North Carolina This ordinance prohibits the tethering of dogs. All outdoor animals, cats as welt as dogs, must be kept in a 36- squara -toot enclosure per animal with a minimum height of sbc feet Section 91.22. Prohibition Against Tethering of Dogs. A. It shall be unlawful to tether an unattended dog outs ide of the house. Now Richmond, Ohio - December 2007 Prohibits the tethering of a nimals (dogs or cats) to any object, stationary or otherwise, within the village limits. Read news story. Lawton, Oklahoma (population: 90,000) This ordinance specifies that a dog m e y not be chaine d in his or her own yard. A. No person shat I, at any time, fasten, chain, or tla any dog or cause suc h dog to be fastened, chained art! ad while such dog 1 s on the dog owner's property or on the property of the dog owner's landlord. B. Any dogs confined within a fenced yard must have an adequate s pace for exercise based on a di mansion of at least one hu ndred square feet. Provided, further that where dogs are k apt or housed on property without a fenced yard, the owner of such dogs or persons hav ing custody of such dogs shall provide an enclosure for such dogs meeting the one hundred s quare feet dimension. Such endos ure shall be constructed of chain link or similar type materials with all four sides enclosed. The endos ure shall be of sufficient height to preven t the dog from escaping from such enclosure. The top of s uch enclos shall be covered with m aterials to provide the dog with shade and protedi on from the elements. Shelter to allow the anim al to remain dry and protected from the elements. Such shelter shal I be fully enclosed on three (3) sides, roofed, and he ve a solid floor. The entrance to the shelter shal I be flexible to allow the animal's entry and exit, and sturdy enough to block entry of wind or rain. The shelter shal I be small enough to retain the animal's body heat and large enough to all ow the animal to stand and turn comfortably. The enclosure shall be structurally sound and in good repal r. (Ord. 90 -18, 6/26/01) Austin, Texas Passed by the Austin City Council: June 7, 2007 - Ordinance Effective Date: October 1, 2007 § 3 -2 -13 ENCLOSURE FOR BOGS (A) An outdoor endos ure used to keep six or more dogs, other than puppies less than six months old, must be located at least 50 feet from an adjacent residence or business, excluding the residence or business of the owner or handler of the dog s. (B) An outdoor enclos ure used as the prim ary living area for a dog or used as an area for a dog to regularly eat, sleep, drink, and eliminate must have at least 150 square feet of spac a for each dog six months of age or older. § 3-4-2 RESTRAINT REQUIREMENTS FOR DOGS ON PRIVATE PROPERTY. (A) Except as provided In Subsection (B), a person may not restrain a dog with a chain or tether unl ess the person is holding the chain or tether. http:// www.unchainyourdog.org/Laws.htm 10/10/2011 Unchain Your Dog.org I Improve Dog Chaining or Tethering Laws /Ordinances (B) The prohibition of Subsection (A) does not appl y to a temporary restraint: (1) during a lawful animal event, veterinary treatment, grooming, training, or taw enforcement activity; or (2) that is required to protect the safety or welfare of a person or the dog, if the dog's owner or handier remains with the dog throughout the p eriod of restraint. (C) A person restraining a dog with a chain or tether shall I attach the chain or tether to a properly fitting col lar or harness wom by the dog. A person m ay not wrap a chaff n or tether directly around a dog's neck. A person may not restrain a dog with a chain or tether that weighs in ore than 1/18 of the dog's body weight. A chain or tether used to restrain a do g must, by design and placement, be unlikely to become entangled. (D) A person may not restrain a dog in a manner that does not allow the dog to have access to necessary shelter and water. (E) A person may not restrain a dog in a m anner that allows the dog to m ove outside the person's property. (F) A person may not keep six or more dogs, other than puppi es less than six months old, unless the dogs are kept in an enclosure that meets the requirements prescribed by Section 3 -2 -13 (Enclosure for Dogs), Big Spring, Texas Tethering is prohibited unless owner is outside with the dog an d in visual contact with the dog. The ordinance reads: "N a person shall, at any time, fasten, chain or tie any dog or cause such dog to be fastened, chai nod or tied while suc h dog is on the owner's property or on the property of the dog owners landlord. (Exception - A dog may be tethered to alto w for the cleaning of the dog's enclosure or while the owner is outside with the dog and 1 s in visual contact of the animal at all times to prevent Injury to the dog.) Any dogs confined within a fenced yard must have adequate space for exercise based on a dimension of at least 100 square feet Provided, further that w here dogs are kept or housed an property without a fenced yard, the owner of such dogs or persons having custody of such dogs shall provide an enclosure for such dogs meeting the 100 s quare feet dimension. Such enclosure shall be constructed of chain link or similar type materials with all four sides enclosed. Thee ndosure shall be of sufficient height to prevent the dog from escaping from such enclosure. The top of the enclosure shall be covered with materials to provide the dog with shade and protection from the elements. Shelter to allow the anim al to remain dry and protected from the elements. Such shelter shall be fully enclosed on three skies, roofed and have a sol id floor. The entrance t o the shelter sha II be flexible to al low the animal's entry and exit, and sturdy enough to bl ock entry of wind and rain. The shelter she II be sm all enough to retai n the animal's body heat and large enough to allow the anim of to stand and to m comfortably. The enclosure shall be structurally sound and in good repair." Electra, Texas 'tethering is prohibited, but dogs in ay he controlled by the hand -held use of a rope, leash, or chain. Ordinance 96 -9, Section 111, Restraint: A. 2. Dogs To Be Restrained —dogs shall not be allowed to run at large. All dogs must be restrained by some physical means; however, a dog shall not be considered at large when held or controlled by some person by means of a rope, leash, or chain. Dogs may not be tethered and the tethering of any dog shall be a violation of this chapter. Georgetown, Texas June 11, 2008 statesman.com - Tethering is al lowed if it is necessary to protect the animal or people, but onl y if the owner or handler rem atns with the dog, according to the proposed ordinance. All -day reslraltrts such as trolleys in which a dog's collar is attached by a cord and pulley to a line several feet off the ground, are prohibi ted under the proposal. A properly fitted harness or collar must be used, and the tether c annot be wrapped around the dog's neck. The tether must notwelgh in are than one - eighteenth of the anim al's body weight and in ust be constructed to prevent the tether from getting tangled. A dog cannot be restrained i n a manner that restricts its access to water or shelter, Restraints cannot all ow the animal to move outside its owner's or handler's property, Dogs kept outdoors in ust have at Ieas t 150 square feet of sp ace for each animal 8 months old or older if they are kept in kennel runs or pens. Dogs that are restrained in any manner must be provided daily exercise. Ft Worth Texas - January 2008 Tethering is prohibited Ordinance 17955 -01 -2008 http:// www.unchainyourdog.org/Laws.htm 10/10 /2011 Unchain Your Dog.org I Improve Dog Chaining or Tethering Laws /Ordinances The Fort Worth City Council has approved an ordinance banning use of chains, ropes, tethers, leashes, cables or other devices to attach an unattended dog to a stationary objector trolley system —commonly known as dog tethering. A dog sti II must be confined within a s ecure enclosure at all times. Under the new ordinance, the tat hering of dogs still will be allowed under limited circumstances when the owner is present, such as at lawful animal events or city dog parks and during veterinary treatment, grooming, training or law enforcem ent activity. Irving, Texas November 2, 2007 The Irving City Council unanimously approved an ordinance that bans tethering unattended dogs any time, any place. Irving's ordinan ce goes beyond a state law that went into effect I n September that limits the time dog owners can tether their pets to be tween 6 a.m, and 10 p.m. Irving's new law prohibits tying dogs up and leaving them unattended. Owners are allowed to tether a when they are present H necessary to protect the animal or another person. Owners also may tie up a dog on their property If they are present and the pet is more than 15 feetfrom the edge of a publ is street or s idewaik. Dogs also may be tethered in a des ignated dog park as long as their owners are present. Read news story Kyle, Texas April 2011 From Hays Free Press: Dogs can no longer spend their day is outside on the end of a chat n, Kyle council members ruled Tuesday night. In a 4 -3 split, council members voted to ban the practice of tethering a dog outside. The new law w ould also prohibit pulley tethers, such as those attached to a clothesline, that allow dogs more room to run. Under the ordinance, dogs kept in outdoor pens must have 150 square feet per adult animal. Violations would be a c lass C misdemeanor, with exceptions only for a lawful animal event, veterinary treatment, grooming, training or law enforcement activity. Live Oak, Texas March, 2007 SECTION 10: Animal Restraint is Required. (a) It shall be unlawful for any person owning, harboring or in pos session of any animal to permit It to be free of restraint either inside or outside such person's premises. (b) Any animal permitted to be keptwithin the City shall not be chained, tied, fastened or otherwise tethered to any stationary or Inanimate object as a means of oonfi nement and restraint to property. First time violators of this provision may be given one (1) to two (2) day s grace without pens Ity to correct a violation of this provision. Exception from penalty shall not be given in any case where the violation of this provision causes or contributes to th a bodily injury of a person or animal. An animal chained; not having food; not having water, not having s heiter shall be considered separate offenses under this provi sion and each violation shall carry a separate penalty. (c) An animals permitted to be keptwithin the City must be restrained at all times within the owner's premise, by a secure fence, or on a leash o r lead. (d) Any dogs confined within a fenced yard must have an adequate s pace for exercise based on a d imenslon of at least one hu ndred (too) square feet. P rovided further that wher a dogs are kept or housed on property without a fenced yard, the owner of such do gs or persons hav ing custod y of such dogs shall provide an enclosure for su ch dogs meeting the one hundred (100) square feet di mension. Such en closure shall be constructed of chain link or similar type materials with all four sides enclosed. The enclosure shall be of sufficient height to prevent the dog from escaping from such enclosure. The top of s uch enclosure shall be covered with materials to provide the dog with shade and protection from the elements. (e) An anim at shall not be consl dered enclosed by a fence or restrai ned when and if the animal can pass through, under or over the fence, or the gate of the fence is not securely latched. (f) A dog that can snap or bite a perso n through a fence she[ I not be con sldered enclosed by the fence or restrained. (g) An electronic fence shall not be considered to be a fence, and an el ectronic leash shall not be considered to be a leash. (h) A dog will be c onsidered to be I Bashed only when the leash is six (6) feet or less in length or Is a retractable leash, and is bei ng grasped by an adult, provided that if the dog is less than twenty (20) pounds then the leash m ay be grasped by a person w Ito Is competent to handle the dog and is over twelve (12) y ears of age. (1) Notwithstanding the prior section, In the event that a dog on a retractable I eash causes injury or death to a person or animal, the owners and the person holding the retractable leash shall be presumed to be in violation of this ordinance unless it is proved that the leas h was retracted to no more than six feet at the tim a of the injury or damage. Q) Prosecution of any owner or person in pos session of any animal for the offense described herein may be Instituted in the municipal court by any person filing a swom ccm plaint charging s uch owner or person in possession with such offense. hq:// www.unchainyourdog.org/Laws.htrn 10/10/2011 Unchain Your Dog.org I Improve Dog Chaining or Tethering Laws /Ordinances Kanawha Cou nty, West Virginia - August 2009 Anti - tethering law prohibits dogs from being tied up outside unl ass their owners are outs! de with them. The law also states that anim als must have adequate shell ter and they cannot be kept outside in extreme weather conditions, Read the ordinance on www.kanawha.com [top] Communities that Limit Chaining by Time North Little Rock, Arkansas 2006 WHEREAS, many dogs in North Little Rock have suffered seve re injury from being tethered to a fixed location and neglected; an d WHEREAS, studies by the Humane Society of the United States have shown that tethering a dog to a fixed location for extended periods of t ime inhibits socialization and often resul is in dogs becoming more territorial and aggressive; and WHEREAS, neighborhoods are harmed by the tethering of dogs to a fixed locati on for extended periods because of the as sociated concentration of urine and feces within a small area and the dam age to the yard. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF NORTH LITTLE ROCK, ARKANSAS: SECTION 1: That North Little Rock Municipal Code § 10-41 is hereby amended as follows: Sec. 10 -41. Dog pens confinement. a. Dog pens. Unless otherwise permitted under subsection d, outdoor dog pens s hall be located 75 feet from any dwelling other than the person owning or controill ng the dog. There shall be at least 15 0 square feet in such pen for each dog kept therein which 1 s over six months of age. h. Tethering. Unless otherwise perm hied under subsectlons c and d, it shall be unlawful for any person to tether a dog to any inanimate object as a means of confinement. c. Trolley Systems. A trolley system is a method to confine a dog by tethering the dog to a c able that is no less than ten (10) feet in length and elevated four (4) to sev an (7) feet off the ground In a m annex that allows the tether to move freely along the length of the cable. Unless otherwise permitted under subsection d, it shall be unlawful for any person to confine a dog through the us a of a trolley system: (1) Between the hours of 8 :00 pm and 6:00 am.; (2) That Is located with! n 75 feet from any dwelling other than the person owning or control[ ing the dog; or (3) in a manner that poses harm to the dog Intl uding, without limitation: A. The use of a collar or harness that Is ill- fitting or constructed of any material other than leather or ny Ion; B. The use of a tether that exceeds 25% of the body weight of the dog; or C. The use of a trolley system in an area that contains hazards to the dog or deprives the dog of food, water, or shelter. d. Permit The Director of the North Little Rock Animal Shelter is hereby authorized to issue permits to allow the confinement of a dog in a manner that would otherwise be prohibited by this section. (1) Criteria. No perm It shall be issued unless the Director determines that: (I) unusual circumstances warrant confinement of the dog in this manner; (ii) the welfare of the dog will not be harmed by the confinement; and (i11) the neighborhood will not be adversely impacted by the confinement (2) Inspection. All permits issued under this subsection shall require consent to both scheduled and unscheduled inspections of the animal and confinement area. (3) Revocation. The Director shall revoke a permit issued under this subsection if: (1) the holder of the permit is convicted of any offense under local, state, or federal law involving animal cruelty; or(!!) an Inspection indicates that the criteria authorizing the permit are no longer m et. e. Nothing in this section shall be construed to prohibit walk ing dogs with a hand -held leash. Fort Smith, Arkansas March 2011 Tethering is not allows as the primary means of containment. Dogs may be attached to a trolley that meets certain requirements, but only between 8:00 p.m. and 6:00 a.m. Read ordinance Kern County, California 2002 This ordinance prohibits the fixed -point tetherin g of dogs for longer than 12 consecutive hours in a 24 -hour period. Tethers must be at least 15 feet I ong, weigh no more than one - eighth of the dog's weight, have swivels on both ends, and attac h to a properly- fitting collar or harness. 7.08.115 Restraint. (a) A dog or puppy shall not be restrained by a fixed point chain or tether for in ore than twelve (12) consecutive hours in a twenty -four (24) hour period. This chain shall be at least fifteen (15) feet I ong. (b) A dog or puppy may be exclusively restrained by a chain or lathe r provided that it is at least fifteen (15) feet in length and attached to a put ley or trolley mounted on a cab Is which is also at least fifteen (15) feet in length and m ounted no more than seven (7) feet abov a ground level. h4:// www.unchainyourdog.org/Laws.htm 10/10/2011 Unchain Your Dog.org I Improve Dog Chaining or Tethering Laws /Ordinances (c) Any tethering system employed shall not allow the dog or puppy to leave the owner's property. (d) No chain or lathe r shall weigh m ore than one - eighth (1i8) of the dog or puppy's weight. (e) Any chain or tether shall be at least fifteen (15) feet in leng th and have swivel s on both ends. (1) Any chain or tether shall be attached to a properly fitting collar (no choke chain collars) or harness wom by the animal. (Ord. G -6942 § 5 (part), 2002) Los Angeles, California August 3, 2005 This ordinance prohibits the tethering of dogs in most circumstances. A limited period of tethering is allowed provided that certain conditions are met Sec. 53.70. Care and Maintenance of Dogs D. Tethering. It shalt be unlawful for any person to tether, fast en, chain, tie, restrain or cause a dog to be fastened, chained, tied or restrained to houses, trees, fences, garages o r other stationary or highly immobile objects by means of a rope, chain, strap or other physical restraint for the purpose of confinement, except in circumstances where all of the fol lowing requirements are met: (1) The tethering shall not be for more time than is necessary for the dog owner or custodian to complete a temporary task that requires the dog to be phy sically restrained for a reasonable period. (2) The dog in ust be tethered by a non -choke type collar or a body harness to a tether that 1 s at least three (3) times the body length of the dog, measured from the dog's nose to the back of the hindquarters and which tether Is free from entanglement. (3) The dog must have access to food, water and shelter as described above. (4) The dog shall be m onitored periodical ly. This section shall not affect the use of appropriate electronic means of confinement. San Bernadino, CA February, 2006 Dogs may not be tethered for m ore than 12 hours a day to a stationary tether. State of Connecticut General Assembly, Committee Bill No, 6038 January Session, 2003 AN ACT CONCERNING THE CONFINEMENT AND TETHERING OF DOGS. Be It enacted by the Senate and House of Representatt ves in General Assam bly convened: Section 1. Subsection (a) of section 53 -247 of the general statutes is repealed an d the following Is substituted in lieu thereof (Effective October 1, 2003): (a) Any person who overdrives, drives when overloaded, overworks, tortures, deprives of neces sary sustenance, mutilates or cruelly beats or kills or unjustifiably Injures any animal, or who, havin g impounded or confined any animal, fails to give such animal proper care or negle cis to cage or restrain any such animal from doing Injury to itself or to another anim al orfalls to supply any such animal with wholesome air, food and water, or confines or tethers such animal for an unreasonable period of G me or unjustifiably administers any poisonous o r noxious drug or subs tance to any domestic animal or unjustifiably exposes any such drug or substance, with intent that the sam a shall be taken by an animal, or causes it to be done, or, having charge or custody of any animal, Inflicts cruelty upon it or faits to provide it with proper food, drink or protection from the weather or abandons t t or carries it or causes it to be carried in a cruel manner, or fights with or baits, harasses or worries any animal for the purpose of m aking it perform for amusement, diversion or exhibition, shall be fined not more than one thous and dollars or imprisoned not in ore than one year or both. Denver, Colorado Dogs m ay not be chained for a period longer than one hour on a chain less than six feet in length. Sec. 8-131. Cruelty to animals prohibited. (b) I t shall specifically be cruel, dangerous or Inhum ane for any person to: (3) Tether and leave, or perm it to be left, unattended any animal on a leash, cord orchain of Is ss than six feet In length for longer than one hour. Dania Beach, Florida July 26, 2005 http:// www.unchainyourdog.orgALaws.htm 10/10/2011 Unchain Your Dog.org I Improve Dog Chaining or Tethering Laws /Ordinances This ordinance prohibits the chaining of dogs for longer than one hour I n any 24 -hour period and al lows such tethering only under certain conditions. Section 5 -15. Dogs at large prohibited. (b) It shall be a violation of this section for the owner of any dog to tie, chain, or otherwise tether a dog,. . outdoors; provided, ho wever, that a dog may be temporarily tethered, tied or c hained outdoors for a total period of time not exceeding one hour on any day between the hours of 9:00 am and 6:00 pm 9 accompanied by its owner or any person over the age of fifteen y ears. No dog shall be tethered, tied or chained outdoors at any time for purposes of training on any treadmill device. Dog owners must provide clean, safe and hum one conditions for dogs which are outdoors on p rivate property, which conditions include, but a re not limited to, sufficient food and w ater, shelter from eeld, heat and rain, with adequate s helter ventilation. Fort Lauderdale, Florida June 16, 2006 This ordinance prohibits the tethering of cats, dogs who are under the age of 6 m onths, and any dog during periods of extreme weather orfor longerthan 15 m inutes between the hours of 10 a.m . and 5 p.m. Any tethering of dogs durin g other times must meet certain conditions. Section 6 -35. Supervision and Confinement: Tethering. A. It shall be unlawful for any person who owns or any person who is in charge or in control of any dog or cat to confine or tether that ant me[ outdoors d uring periods of extreme weather, such as periods of unusually cold or hot temperatures, or periods of pa or air quality, or when a hurricane o r tropical storm warning has been issued. B. It shall be unlawful for any person who owns or any person who is in charge or in control of any dog or cat and who confines that dog or cat outdoors on private property to fail to provide the anim al with: 6. A tether, which may be employed subject to the following regulations: a. It shall be unlawful for any person who ow no or any person who is I n charge or in control of any dog that is under the age of six m onths to tie, chain, or otherwise tether a dog th at Is under the age of six months outdoors. It shall be unlawful for any person who owns or any person who is in charge or in control of any cat to tie, chain, or otherwise tether a cat outdoors. b. It shall be unlawful for any person who ow ns or any person who is 1 n charge or in control of any dog that Is over the age of six months to tie, chain, or otherwise tether a dog outdoors between the hours of 10:00 a.m . and 5:00 p.m. except that a dog of any age may be temporarily tethered, tied, or chained outdoors,for a tote I time period not exceeding fi fteen minutes. At other times, it is permitted to de, chain, or otherwise tethe r a dog that is over the age of six months outdoors if the dog is harnessed by a property fitting body harness that i s fastened to either I. a tether that is at least ten fee t long and that is free from entanglement and that allows the dog to move unheeded; or ii. an overhead nun, which is an overhead wire at lea st 10 feet long to which the dog's body hamess Is attached by a leash or chain, that allows the dog to m ove unheeded. Hollywood, Florida July 6, 2005 This ordinance prohibits the chaining of dogs between the hours of 10 a.m. and 5 p.m. and allows tetherin g during other times only under certain conditions. Chapter 92.08 Anim al Care; Manner of Keeping. (C) Animals maintained on a tethe r must be in an area free of obi ects that may cause entanglem ants. All tethers must be a minimum of six (6) feet in length and longer if appropriate for breed (i.e„ 1 fish Wolfhound, Borzoi, Great Dane, St Bernard, etc.). Choke type or prong ty pe collars shall be used only while the animal is under the handler's direction control. Between the hours of 10:00 a.m. and 5:00 p.m., animals shall not be on a tether outdoors, Oakland Park, Florida July 6, 2006 This ordinance prohibits the tethering of cats, dogs who are under the age of 6 months, and any animal during periods of extreme weather orfor longerthan 15 m Inutes between the hours of 10 a.m . and 5 p.m. Any tethering of dogs durin g other times must meet certain conditions. Section 4.23 Supervisl on and Confinement; Tethering. A. It shall be unlawful for any person who owns or any person who Is in charge or in control of any dog, cat or other animal to confine or tether that anim at outdoors during p eriods of extreme weather or when a hurricane warning has been issued, B. It shall be unlawful for any person who owns or any person who is in charge or in control of any dog, cat or other animal who confines that animal outdoors on privet a property to fail to provide the anim at with; http:// www.unchainyourdog.org /Laws.htm 10/10/2011 Unchain Your Dog.org I Improve Dog Chaining or Tethering Laws /Ordinances 6, a tether in lieu of a fenced yard which maybe employed subject to the following regulations: a. It shall be unlawful for any person who ow ns or any person who is I n charge or in control of any dog that is under the age of six m onths to tie, chain, or otherwise tether b, outdoors a dog that 1 s under the age of si x months. It shag be unlawful for any person who ow ns or any person who is in charge or i n control of any cat to tie, chain or otherw ise tether outdoor a cat. c. It shall be unlawful for any person who owns or any person who is in charge or in c ontrol of any dog that is over the age of six months to tie, chain or otherwise tether outdoors a dog between the hours of 10:00 am and 5:00 pm except that a dog of any age may be temporarily tethered, tied or chai ned outdoors for a total time period not exceeding fifteen m Inutes. At other tort as, it is permitted to tie, chain or otherw Ise tether outdoors a dog that is over the age of six m onths if the dog is harness ad by a property fitting body harness that is fastened to either I. a tether that is at least ten fee t long and that is free from entanglement and that allows the dog to move unheeded; ii. an overhead run, which is at least ten feet long to which the dog's body harness is attached by a leash or chain that allows the dog to move unheeded. Orange County, Florida July 12, 2005 This ordinance prohibits the chaining of do gs between the hours of 9 a.m . and 5 p.m. and during periods of extreme weather. Tethering is allowed during other times only under certain conditions. Section 5 -29. Definitions. Restraining Device shall mean a chain, cord, or cabl e, with a minimum length of ten feet, used to confine an animal on an owner's property. This device must provide for humane, unrestralned range of movement for the animal to insure that the animal is n o t e xposed to hazard or injury and shall not prevent the animal from having food, water, shelter, adeq uate ventilation, protection from the elements or other care generally considered to be normal and usual. This device shall be proportional in size, weigh no more than 118 of the dog or puppy's body weight, and designed for use with the specific breed of ani mat with an appropriate collar. These devices shall not be used to confine a dog on an owner's property between the hours of 9:00 am and 5:00 pm, 365 days a year and during times of extreme weather, e.g., hurricane s, below freez ing conditions. Pembroke Park, Florida Sept. 14, 2005 This ordinance prohibits the tethering of dogs for m ore than one total hour on any day between the hours of 4 a.m. and 5 p.m. and all tethering of dogs at other times. Sec. 4-11. Impoundment and Care of D ogs. (a) It shag be a violation of this section forthe owner, agent, ern ployee, servant or other person hav ing charge of the premises where any dog is located to tie, chai n or otherwise tether a dog outdoors; provi dad, however, that a dog may be temporarly tethered, tied or chained outdoors for a total period not exceeding 1 hou r on arty day between the hours of 9AM and 5PM if acoom panted by its owner or any other person over the age of fifteen years. Tarpon Springs, Florida 2009 § 4 -5. TETHERING OF DOGS. (a) It is unlawful for any person to continuous ly tether or picket a dog for Ionge r than one continuous hour except that picketing or tethering of the sam a dog may resume after a hiatus of three cont inuous hours after the dog was last tethered or picketed, but no dog shall be tethered or pick eted more than three times in any twenty -four hour period. (b) No dog shal f be tethered or picketed in extreme weather or under condi lions that expose the dog to unreasonable risk of danger or harm. (c) The tether, leash, chai n, or rope of a tethered or pick eted dog shat I be at least three times the length of the dog's body and shall allow the dog reasonable m ovement, but shall not be I ong enough to reach the city right -of -way. (d) The tether, leash, chain, rope, collaring device, and any assembly or attachments thereto, used to tether or picket a dog shall not weigh m ore than one -eighth the weight of the dog or, due to weight, Inhibit the free movement of the dog. (e) flogs shall be tethered or picketed in such a manner as to prevent injury, strangulation, or entang lament on fences, trees, shrubs, or other m an made or natural objects. (f) It is unlawful to attac h a tether, leash, chain, rope, or other tether restraint t mpiements directly to a dog without the proper use of a col lar, harness, or other dev ice designed for that purpose. Such c olar, harness, or other device must be made from a material and used in a fashion that prevents injury to the dog. Pinch or choke collars may not be used to tether or picket a dog. (g) A person violating this ordinance the first time shall be given a written warning. Subsequent violations shall be pu nishable as a fine of the following class under the U niform Fine Schedule for !oc al Ordinance Violations adopted by the Circuit Court for the S ixth Judicial Circuit t n and for Pasco and Pineg as http:// www.unchainyourdog.org/Laws.htm 10 /10 /2011 Unchain Your Dog.org I Improve Dog Chaining or Tethering Laws /Ordinances Counties. First violation... Warning Second violation ... Class 111 fine $138.00 Third violation ... Class 11 fine $188.00 Fourth and subsequent v iolation ... Class 1 fine $213.00 Each day that a violation of this ordinance continues or occurs shall constitute a separate offens e. (Ord. 2009 -11, passed 6- 16 -09) West Palm Beach, Florida Dogs may not be chained between 10:00 am and 5:00 p.m, year -round. News Story Ordinance No. 2003 -029 August 19, 2003 Animals may not be tethered outdoors between 10 a.m . and 5 p.m. All tethers must be at least 6 feet i n length and m ay not be attached to choke- or prong -type collars unless the animal is under the handier's direct control. Wilton Manors, Florida City Commissioners passed an an anti- tethering or anti- chalning ordinance; to wit: no one may tether or chain an animal that is younger than 6 months old; no one can tether or chain an anim at outdoors unless they provide the animal with a property fitting collar, the tether or chain is at least 3 times the length of the animal's body, and the animal is not left tethered or chained form ore than 15 minutes between the hours of 10 a.m. and 5 p.m. - animals tethered or chained outside must have adequate shelters, periodic supervision, and an exercise area of no less than 150 square feet of s pace, - no animal may be tethered or chained ou tdoors during periods of extreme weather or when a hurricane warning is in effect. The vote in favor of the ordinance by the city commissioners was unanim ous. DoKalb County, Georgia July, 2004 - News Story Any animal that is housed outside of its owner's house shall be housed in a proper enclosu re. The owner shall also ensure that the proper enclosure contains at least 100 square feet of open space. Tethering of an enim at is prohibited. As a secondary means of restraint to a proper enc losure, an ant mai may be attached to a running c able line or trolley system providing that • A running cable line or trolley is set inside a proper encl osure; • Only one animal maybe attached to each running cable line or trolley system; • No animal may be attached to a running cable line or trolley system for more than 12 hours in a twenty-four hour period; • No animal maybe attached to a running cable line or trolley system between the hours of 10 p,m . and 6 a.m.; • Tethers and cables attaching the animal to the running cable line or trolley system must be made of a substance which cannot be chewed by the animal; • A running cable line or trolley system must have a swivel installed at each end a rid be attached to a stationary object that cannot be moved by the animal; • The running cable lino or trolley system must beat least ten feet In length and mounted at least four feet and no more than seven feet above ground; • The length of the tether from the running cable line or trolley system to the animal's collar should allow access to the maximum available exercise area and all ow the animal free access to food, water, and shelter r; • Be attached to a properly fitted harness or col tar not used for the di splay of a current rabies tag and o ther identification; and with enough room between the collar and the dog's throat through which two fingers may fir and . Be tethered at sufficient distance from any other objects to prohibit the tangling of th a cable, from extending over an object or an edge that could result in injury of strangulation of the animal and be of suffi cient distance from any fence so as to prohibit the animal access to the fence, Bloomington, Indiana December 23, 2005 http:// www.unchainyourdog.org /Laws.htrn 10/10/2011 Unchain Your Dog.org k Improve Dog Chaining or Tethering Laws /Ordinances This ordinance prohibits the tethering of animals f o r m ore than 10 continuous hours and for more than 12 total hours in any 24 -hour period or for any period of time in conditions that threaten the health or well-being of the animal. Chapter 7.36.050 General anim a1 care. (f) No chain or lathe r shall weigh m ore than 110 of the animal's body weight. (g) Any chain or tether shall be at least ten (10) feet In length and hav a swivels on both ends. (h) Any chain or tether m ust be attached to a property fitting buckle -type collar or harness worn by the animal. Choke collars and pinch collars are prohibited for purposes of tethering an animal to a stationary object or cable run. A person m ey not wrap a chain or tether around an anim al's neck. A chain or tether used to res train an animal must, by design and placement, be unlikely to become entangled. (I) It shall be u nlawful for the ownertguardian of any animal to keep or maintain the animal on a tether for a period of more than ten (10) Conti nuous hours and no m ore than twelve (12) hours in any twenty -four (24) hour period, or for any duration under conditions, which threaten the health, or well bee ng of the animal. Indianapolis, Indiana 2006 (a) Every owner or keeper of an animal kept in the consolidated city and county shall see that such animal: (1) Is kept in a clean, sanitary and healthy manner and is not confined so as to be forced to stand, sit or lie in its own excrement; the person(s) responsible for animal(s) shall regularly and as often as necessary to prevent odorar heath and s anitation problems, maintain all animal areas or areas of animal contact; (2) Has food that I s appropriate for the spa ctes in adequate am ounts to maintain good health, fresh potable drink Ing water where appropriate, shalt er and ventilate on, Including quarters that are protecle d from excessive heat and cold and are of suff felent size to perm it the animal to exercise and move about freely; (3) Shall not b e tethered by use of a choke collar, or o n any collar too small to r the size and age of the animal, nor by any rope, chain or cord directly attached to the animal's neck, nor by a leash less than twelve (12) feet In length, nor by any tether or leash without swiv ells on both ends, or of such unreasonable weight as to prevent the animal from moving about freely; (4) Is protected against abuse, cruelty, neglect, torment, overload, overwork, or any other mistreatment; (5) Shall provide the reasonably necessary medical care, in addition to the required rabies vaccination which shall include recommended vaccinations as required by accepted veterinary standards, and if diseased or injured, or exhibiting symptoms of disease, receives proper care and is segregated from other animals so as to prevent transmittal of the disease; and (6) Is maintained i n compliance with all app licable federal, state and I ocai laws and all regulations respecting aril met care and control as are adopted by the city department of public safety and in effect from time to time. (b) It shall be unlawful for a person to beat, starve o r otherwise mistreat any animal in the city, or to fail to comply with any requirement of subsection (a) of this section. (c) It shall be unlawful for any animal to be tethered between the hours of 11:00 p.m. and 6:00 a.m.; or to tether any un- sterilized dog for any period of time unless It Is monitor ad by a competent adult for the duration of such tether ing; or to tether or confine an animal at a v acant structure or premises for any purpose or time when it is not mon stored by a competent adult who is present at the property for the duration of such tethering or confinement. Marion, Indiana May 2006 This ordinance prohibits the tethering of animals for more than 3 hours t n any 24 -hour period. 13 -2000: (J) Proper Restraints. No anim al shall be tied or fastened by any rope, chain, or cord that is d Irectly attached to the animal's neck. Restrained animals must wear a properly fitted collar or harness made of leather or ny ion, not of the choker type. This is not to prohibit the proper us a of choker collars in the training of animals. The tying device shall be attached to the animal's collar or harness and shall be at least twelve (12) feet of free length. I f a chain is used, such chain shall I not have a total weight of more than one - eighth of the restrained anim al's body weight. All ant mals tethered on the owners property shall not be able to get closer than three (3) feet from any fence or from another tethered animal. No animal will be tethered for m ore than three (3) hours dud ng any 24 hour period. Reasonable exercisewill be provided for the anim at by the owner. An animal in estrus shall not be restrained by rope, chain, or cord but she] I be contained in a six -sided enclosure which prohlbi is the access of an animal of the opposite sex. Dodge City, Kansas Dogs may not be chained or tethered form are than an hour at a time, and chains must beat least ten feet in length. News Story Chapter 2 -108. Tethering of dogs restricted. http:// www.unchainyourdog.org/Laws.htm 10/10/2011 Unchain Your Dog.org I Improve Dog Chaining or Tethering Laws /Ordinances It shall be unlawful for any person to continuously tether a dog form ore than one continuous hour, except that tethering of the sam a dog may resume after a hiatus of three continuous hours, for up to three hours total ti me on tether per day. (a) For the purpose of tethering a dog, a ch ain, leash, rope or tether shall be at least ten feet in length. (b) A chain, leash, rope, collaring device, tether, or any assembly or attachments thereto used to tether a dog shall not weight m ore than one - eighth of the and mat's body weight, or due to weight, inhibit the free movement of the animal within the area tethered. (c) Dogs shall be tethered i n such a manner as to prevent Injury, strangulation, or entanglement on fences, trees, or other manmade or natural obstacles. (d) it is unlawful to attach chains, ropes or other restraints implements directly to a dog without the proper use of a collar, harnes s, or other device designed for that purpose and made from a material that prevents injury to the anim al.. Lawrence, Kansas Dogs may not be chained formore than one hour atat time. News Story The proposed ordinance — based on one passed i n Wichita — would prohibit pe opie from keeping a dog chained for m are than one hour at a time, for a maximum of three hours a d ay, with required three -hour breaks between chaini ngs. Violations would result In a minimum fine of $100, and the m unicipal judge would have the authority to sentence violators to six months in jall. Leavenworth, Kansas June 13, 2006 This ordinance prohibits the tethering ofdogs formore than two continuous hours orsix total hours in any 24- hour period. A hiatus of three or m are continuous hours must separate tetherin g sessions. Sec. 18-44. Restriction on dogs leashed or tethered on priv ate property. Any dog leashed, or otherwise tethered on p rivate property shall be restricted from movement closer than ten feet to the property line of the pram ises or any public sidewalk or right -of -way, unless such dog is muzzled or fenced in. No person shall continuously tether or stake a dog for more than two continuous hours, except that tetherin g or staking of the same dog may resume after a hiatus of three continuous hours, for up to six hours total time on a tether or stake per day. Provided, that this provision shall not apply to businesses utilizing dogs for security during non - business hours. Overland Park, Kansas Some relief from chaining must be granted. Chap. 6.09.025 A. No ow ner, keeper or harborer of an ant mal shall fail to provide the animal with adequate care, adequate food, adequate water, adequate heal th care, and adequate s helter. Such steel tar should be dean, dry, and compatible with the condition, age and species. An animal must also have the opportunity for adequate daily exercise. This requires that an owner must offer some freedom from continuous chaining, stabling and tethering. All restraints placed on an animal must be such that it prevents the animal from being tangled or injured by the restraint The area where anim als are kept must also be kept free from unsanitary conditions and vermin- harboring debris. Topeka, Kansas January 18, 2005 This ordinance prohibits the tethering of dogs for in ore than one hour at a time and more than three total hours in any 24 tour period. bogs must be taken off tethers for at least three continuous hou rs between tethering periods. Tethers m ust be at least 10 feet long, weigh no in ore than one - eighth of the dog's weight, attach to a proper collar or harness, and may not inhibit the dog's free movement or cause injury, strangulation, or entanglement. Dogs on tethers m ust have access to shade, shelter, and a tip - proofwater supply. Dogs may not be tethered in areas open to teasing or attacks or where the ground becomes wet or muddy. Section 18 -4 (a): it shall be unlawful for any person to; (5)(a) To attach chains or tethers, res tralnts or im plements directly to a dog without the proper us a of a toll ar, harness, or other devi ce designed for that purpose and m ade from a material that prevent s injury to the animal. (b) No person shall I: (1) Conttnuousiy tether a dog for more than one (1) continuous hour, except that tethering o f the same dog may resume after a hiatus of three (3) continu ous hours, for up to three (3) hours total time on tether per day; provided that for the purpos a of tethering a dog, a c hain, leash, rope or tether shall be at least ten (10) feet In length; or (2) Use a tether or any assembly or attachments thereto to tether a dog that shal I weigh more than one eighth (1/8) of the animal's body weight, or due to weight, inhi bit the free m ovement of the anim al within the area tethered; or (3) Tether a dog on a choke chain or in such a manner as to cause injury, strangulation, or entan glement of the dog on fences , trees, or other man made or natural obstacles; or (4) Tether a dog without ac cess to shade when sunlight is likely to cause overheating , or appropriate shelter to h4:// www.unchainyourdog.org/Laws.htm 10/10 /2011 Unchain Your Dog.org I Improve Dog Chaining or Tethering Laws /Ordinances provide insulation and protection against cold and dampness when the atm ospheric temperature fags below forty (40) degrees Fahrenheit, or to tether a dog without se curing its water supply so that it cannot be tipped over by the tether; or (5) Tether a dog I n an open area w here it can be teased by persons or an ope n area that does not provi de the dog protection form [sic] attack by other animals; or (6) Tether an an! mal in an area where bare earth Is pres ant and no steps have been taken to prevent the surface from becoming wet and muddy in the event of precipitation. Wichita, Kansas Dogs may not be chained for more than one hour at tim a or more than three hours a day. Section 6.04.040 Control and protectio n of animals in general. (d) It is unlawful for any person to: (13) Continuous ly picket a dog form ore than one continuous hou r, except that pic keting of the same dog may resume after a hiatus of three continuous hours, for up to three hours total time on picket per day. (e) For the purpose o f picketing a dog, a chain, leash, rope, or tether s hall be at least ten feet in length. (f) A chain, leash, rope, collaring device, tether, or any assembly or attachments thereto used to picket a dog shall not weigh m ore than one -eighth of the anim als body weight, or due to weight, inhlbh the free movement of the animal within the area picketed. (g) Dogs shall I be picketed in such a manner as to prevent injury, strangulation, or entangi ement on fences, frees, or other man made or natural obstacles. (h) It is unlawful to attac h chains or other lathe r restraint Implements direct] y to a dog without the proper use of a collar, harnes s, or other device designed for that pu rpose and made from a material that prevents injury to the animal. (Ord. No. 45 -784 § 1: Ord. No. 44 -261 § 11) Jefferson County, Kentucky Chaining a dog form ore than eight hours in a twenty-four hour period is prohibited. 1. For all animals except puppies and dog s, restraint shall mean on the premises of the owner, or if off the premises of the owner, under restraint by means of a lead or leash and un der the control of a respons Ibis person, 2. For puppies and dogs restraint shall mean on the prom ises of the owner and confi nod in a secure enclosure as previously defined, or accompanied by the owner on the owner's property and under their direct control. If off the premises of the owner, the animal must be restrained by a lead or leash an d Under the control of a responsible person. 3_ A dog or puppy may be restrained by a fixed point chain or tether for no more than eight hours in a twenty - four hour period. 4. A dog may be exclusively restrained by a chain ortether provided that it Is at leastten feet In length and attached to a pulley or trolley mounted on a cable which is also at least ten feet in length and mounted no more than seven feet above ground level. 5. Any tethering system employed shag not allow the dog or puppy to leave the owners property . 6. No chain or tether shall weigh more than 1/8 of the dog or puppy's body welghL 7. Any chain or tether shall be at least ten (10) feet in length and have swivel s on both ends. 6. Any chain or tether m ust be attached to a properly fitting collar or harness worn by the animal. (C)Any dog or cat which is impounded a second time for violation of restraint requiram ants within a twelve month period, the owner shall h ave the animal spayed or neutered within seven day s of the redemption. Verification from the veterinarian perform ng the surgery shall be provided to the Division in writing within seven days of the surgery. Louisville, Kentucky Restraint (2) For puppies and dogs rostra! nt shall mean on the prom ises of the owner and confined in a secure enclosure as previously defined, or accompanied by the owner on the owner's property and under their direct control. If off the premises of the owner, the anim al must be restrained by a lead or leash and under the control of a respons ibis person. (a) It is prohibited to exclusively restrain a dog or puppy by a fixed -point chain or tether. A fixed -point restraint may be used temporarily but not to exceed one (1) hour in a twenty -four (24) hour period. Baker, Lou isiana Dogs may not be chained formore than one hour at a time. News Story http:// www.unchainyourdog.org/Laws.htrn 10/10/2011 Unchain Your Dog.org I Improve Dog Chaining or Tethering Laws /Ordinances Denham County Louisiana 2009 Sec. 18 -56. Dogs on cables or tethers; improper confinem ant (1) Dogs and cats shall not be chained. tied, fastened or otherwise tethered as sole means for confine merit to property. The continuous maintenance of a dog on a chaff n, rope or other kind of tether 1 s abnormally restrictive and stressful and often results in health and temperament problems. in most cases, such long term confinement will cause the dog to suffer unneces sadly. (2) An individual found chaining or tethering an animal in violation of this section has 30 days to provide other means of confinement, as long as other condl Lions of confinement and care are being met The grace perl od Is null and void immediately if the owner, at any time during the grac a period, is not in compliance with other applicable laws relating to animals. (3) As an alternative means of restraint, an ani mal may he attached to a running c able line or trolley system providing that: (a) only one animal may be attached to each runni ng cable I ine or trolley system; (b) No anim al should be attar had to a running cable line or trolley system for more than 12 hours in a 24 -hour period; (c) Tethers and cables attaching the a nimal to the running cable line or trolley system must be made of a substance which cannot be chewed by the animal and shall not weigh m ore than 1t18 of the body weight of the anlm al tethered; (d) The running cable line or trolley system must be at least 50 feet in length and mounted at least four feet and no more than seven feet about ground lev at; (e) The length of the tether from the running cable line or trolley system to the animal's collar should allow access to the maximum available exercise area and all ow the animal free acres s to required food, water, and shelter. The tether attachi ng the animal to the trolley system must allow the animal complete freedom to lie down or enter shel ter without strain to the neck or body. (f) Be attached to a properly fitted harness or collar not used for the dis play of a current rabies tag and other identification; and with enough room between the collar and the dog's throat through which two fingers may fit. Choke collars and pinch collars are prohibited for the purpose of tethering an ani mat to a running cable line or trolley system; and (g) Be tethered at sufficient di stance from any other objects to prohibit the tang ling of the cable, from extending over or around an object to an edge that could resul t In Injury of strangulation of the animal and be of sufficient distance from any fence so as to prohibi t the animal access to the fence. (Code 1987, § 4:109(1), (3) --(8) ; Ord. No. 09 -13, art. 1, 4- 14 -09) Sec. 18 -54. Minimum requirements for pens. Dog and cat pens shall meetthe following minimum requirements: (1) The Floors of pens shall be constructed of concrete or other suitable material. All pens shall be kept dean and sanitary and shall not be kept In a manner that would create a nuisance for the neighbors or neighborhood. (2) Pens shall be sloped to a drain co nnected to a sanitary sewer or an approved indiv !dual sewerage system. (3) Pens shall be equi pped with a curb at least three inches high around the perim eter. The top of the curb shall be at such elevation that the s urrounding surface water cannot drain 1 nto the pen. (4) Pens shall be provided with a hose bibb and water under pressure. (5) All dog pens shal I be hosed down, thoroughly cleaned and di sinfected as often as ne eded and in no cas e less than once a day. (6) Newly constructed or replacement dog pens shall be located a m inimum of ten feet from the nearest property line. Furtherm ore, any newly constructed or replacament pen shall be located a minimum of 50 feet from any residence other than that of the owner, unless the lot size or configuration would make this unworkable. (7) Any dog confined within a pen must have an adequate space for exercise based on a dimension of at least 100 square feet. An addition at 50 square feet per dog s hall be added if more than one dog will be in the pen. (8) The pen s hall be sufficient height as to prevent the dog from escaping. (9) The top of the pen shall be covered with m aterials to provide s hade, and protecti on from the elements, and shall not hold water in the event of rain. Dog houses are required in the pen to protect each animal from rain and cold blowing in, (10) Any dog confined to a pen shall he provided with adequate exercise. New Orleans, Louisiana June 20, 2002 Sec. 18 -2, 1. Minimum standards of care for an! mals (including fowl). (b) Tethering. No anim al shall be tethered as a prim ary means of stationary confinement; stationary confinement by tethering shall be considered cruel treatment. Montgomery County, Maryland Amendment to the existing State and County laws againsf cruelty to animals to include certain practices involving the .unattended res taint of a dog. Article 11, Chapter 5, Sec. 5 -201 I. Definitions. (C) 'Tether" means attaching a dog to a stationary object or pulley run by means of a chain, rope, tether, cable, or si milar restraint. 'Tether" does not Include the use of a leas h to walk a dog. 11. Prohibited Conduct A person must not tether a dog under circum stances that end anger its health, safety, or well being, including: (A) tethering a dog by any means other than a harness; (B) tethering a dog between the hours of midnight and five a.m. unless the Director grants a waiver based on extraordinary circumstances after determining that the proposed tethering will be safe and hum one; (C) unattended tethering of a d og during a weather emergency, or a dog - control emergency declared by the Executive, the D!ractor, or the County Health Officer; (D) using a tether that weighs m ore than 1116 of the dog's bodywelght; (E) using a tether that is less h4:// www.unchainyourdog.org/Laws.htin 10/10/2011 Unchain Your Dog.org I Improve Dog Chaining or Tethering Laws /Ordinances than five times the length of the dog, as measured from the tip of its rose to the base of Its tail; (F) tethering that unreasonably limits a dog's movement; (G) tethering un der conditions where the dog or tether c an become entangled on the tether or som a other object; (H) tethering that restricts a dog's access to suitable and sufficient food, clean water, and appropriate shelter; (1) tethering in unsafe or unsanita ry conditions; (J) tethering that does not allow a dog to defecate or urina to in an area separate from the area where it m ust eat, drink, or lie down; or (K) tethering that causes injury, stress, or demonstrable socialization problems. I I I . Failure to provide relief to a dog In distress when exposed to any of the conditions listed in subsection I l l s proof that the dog was Improperly, i.e., cruelly, tethered. East Longmead ow, Massachusetts May 1, 2006 This ordinance prohibits the outside confinement of dogs between the hours of 11 p.m. and 6 a.m. and allows the confinement of dogs outs] de for more than six total hours i n any 24 -hour period only when certain conditions are met. 9.025 Prolonged Confinement of Dogs Outside (A) Prolonged Chaining or Tethering of Dogs is Prohibited. No person owning or keeping a dog in the town shall c hain or tether a dog to a s tationary object including but not I imited to any structure, dog hou se, pole or tree for longer than s ix total hours in any twenty -four hour period. Nothing in this section shal I be construed as prohibiting a person from walking a dog on a hand -held leash. (B) Permissible Outside Confinem ent. A person owning or k eeping a dog in the town m ay confine such dog outside for ton ger than six total hours in a twenty -four hour period through the used of any of the following three methods: (1) A pen or secure enclosure, if the following conditions are met: (a) The pen or secure endos ure has adequate space for exercise with a dimension of at least one - hundred square feet. Commercial dog kennels with pens! ntended for the temporary boarding of dogs are exempt from this requirement. (b) The pen or secure enclosure is constructed with chain link or other similar material as determined by the Building Inspector, with all four sides enclosed. (2) A fully fenced or otherwise sec urely enclosed yard wherein a dog has the ability to run but Is unable to leave the a nclosed yard. (3) A trolley system or a tether attached to a put ley on a cable run, if the fol lowing conditions are met: (a) Only one dog may be tethered to each c able run. (b) The tether in ust be attached to a properly fitting collar or harness wom by the dog, with enough room between the collar and the dog's throat through which two adult fingers may fit Choke collars and pinch collars are prohibited for the purposes of tethering a dog to a cable run. (c) There must be a swivel o n at least one an d of the tether to in inimize tangling of the tether. (d) The tether and cable run must be at least ten feet in length and m ounted at least four feet but not more than seven feet above ground lev el. (e) The length of the tether from the cable run to the dog's collar or harness m ust allow continuous access to water and appropriat a shelter as des cribed in paragraph (C) of this by-law. The trolley system or tether m ust be of appropriate configuration to confine the dog to the owner's property, to prevent the troll ey system or tether from extending over an object or an edge that could resul t in injury or strangulation of the dog; and to prevent the troll ley system or tether from becoming tangled with otherobjects or animals. (C) Access to Water and Shelter. Any person owning or k eeping a dog in the town confi ned outside t n accordance with Paragraph (B) of this section must provide the dog with are ess to water and an appropriate dog s helter. The dog shelter must allow the dog to remain dry and protected from the elements. Such shelter shall be fully enclosed on three sid es, roofed, and have a solid floor. The entrance to the she] ter shall be Flexile to at low the dog's entry and exit, and sturdy enough to block entry of wind and rain. The shelter shall be small enough to retain the dog's bo dy heat and large enou gh to allow the dog to stand and turn comfortably. The enclosure shall be structurally sound and In good repair. Suitable drai nags must be provided so that water is not s tanding in or around the s halter. (D) No Outside Confinement at Night. No person owning or keeping a dog in the town m ay leave a dog chained, tethered or confined outside between the hours of 11:00 p.m. and 6:00 a.m. Carroll County, Maryland 2DO6 A. The owner of a dog shat I keep the dog un der restraint or effective control at all I times. http:// www.unchainyourdog.org /Laws.htm 10/10/2011 Unchain Your Dog.org 1 Improve Dog Chaining or Tethering Laws /Ordinances B. The owner of an animal shall prevent the animal, except a cat, from leaving the owner's property unattended or unrestrained. C. The owner o f a dog shall not tie, chain, cable or in anyway tether a dog outside f o r m ore than 12 hours a day (and at no time between 11:00 p.m, and 6 :00 a.m.). D. A tether to confine a dog shalt be a minimum of 4'r4 times the length of the dog (nose to tail base) and under no Circumstances less than 10 feet I ong. E. The tether shall have swivels at both ends to prevent kinking and knotting. The area covered shall be maintained s o that the tether cannot b ecom a entangled and positioned so that the dog cannot wrap the tether around posts, trees, debris or hang by jumping a fence or guardrail. F. The owner of animal(s) that are fenced she It erect fencing normally considered suitable for the species and type of animal to be contained. Fencing shall be appropriates o as to keep the intended animals restrained within its boundaries. Fencing shall be monitored, well maintained and kept in good repair. In the case of a dog, if the owner utilizes an "invis able fence" to restrain a dog it m ay only be used if it consistently and effectively restrains the dog and is ap propriate to be used for the dog 1 n question. No aggressive dog may be restrained behind an "inv isible fence ". G. All areas where anim als are confined shalt be maintained so as to provide a safe and healthy environment for the animals within the confinement. Frederick County, Maryland October 2008 http: / /www.a mlegal. com /nxt /gateway.dIl/ Maryland /frederick co_md /frederic kcountyma rylandcadeofo rdinances? f= templates$fn =defa ult.h tm$3.0$vid =am legal: frederickco_md § 1 -5 -26, PROPER RESTRAINT, SHELTER, PROTECTION AND CARE FOR DOGS. (A) Restraint requirem ent. (1) It shall be unlawful for any person to tether, fasten, chain, tie, restrain or cause a dog to be fastened, chained, tied or restrained to any stationary or inanimate object by means of a rope, chain, strap or other physical restraint for the purpos a of conflnern ant for more than ten hours, cum ulativel y in any 24 -hour period. (2) The dog m ust be tethered by a non- choke type collar or a body harness to a tether that is at least four times the body length of the dog, measured from the dog's nose to the back of the hindquarters, or at a minimum be ten feet In length, and which the tether is free from entanglement. (3) The tether shall have swivels at both ends and all areas of confinement shall be maintained as to provide a safe and healthy environment for the dog, (4) An individual found chaining or tethering an anim al in violation of this section has 30 days to provide other means of confinement, as long as other conditions of confinement and care are being met. The grace period is null and void immediately if the owner, at any time during the grace period, is no t in compliance with other applicable laws relating to animals, (5) Individuals who do not comply within the 30 -day grace period are s ubject to fines and penalties stipulated in this chapter. (0) Shelter and outdoor end osure requirem ents. (1) Proper shelter, Including protection from the weather and elem ants, shall be provided at al I times. The shelter for a dog shal I have a weatherproof roof, enclo sed sides, a doorway, and a solid floor raised at I east two inches above the g round. No interior surfaces shall be metal. The shelter shal I have an entryway that the dog can easily enter and sufficient in size for a dog to stand, turn around, Ii a down, and exit In a natural manner. The shelter shal I have adequ ate ventilation and protection from temperature extremes at all times. (2) Bedding, s uch as wood shavi ngs, straw or other m aterial, shall be provi ded in sufficient quantity for insulation. Bedding shall be kept dry. (3) Shade, separate from the shelter, either natural or manmade, shall be available at all times lea tethered dog, or a dog confined to an outdoor endos ure. (4) Any dog confined within an outdoo r enclosure must have adequate s pace for exercise. A minim um of 100 square feet is requi red. Dogs over 75 pounds m ust have an additional 50 square feet. Seventy -five square feet is required for eac h additional dog keptwithin the same enclosed area. (C) Care requirements. (1) Any person owning or having care, control or custody of a dog shall provide daily food that is free from contamination and is of sufficient quantity and nutritive value to maintain the anim al in good health, (2) Potable water m ust be accessible to the dog at a 11 times. (3) The dog m ust receive care and medical treatment for injuries, parasites and disease, sufficient to maintain the dog in good heal th. (4) Any outdoor area where a dog is c onflned must be kept free of excretions and contaminated materials and cleaned regulad y. (D) Penalties. A violation of this section may result in a civil citation pursuant to §1 -5 -53 of this chapter, or impoundment of the dog(s), or both. http:// www.unchainyourdog.org/Laws.htm 10/10/2011 Unchain Your Dog.org I Improve Dog Chaining or Tethering Laws /Ordinances (Ord. 08 -24 -500, 9-23 -2008) Battle Creek, Michigan June 20, 2002 Sec. 18 -2.1. Minimum standards of care for an! mats (including fowl). (b) Tethering. No anim al shall be tethered as a prim ary means of stationary confinement, stationary confinement by tethering shall be considered cruel treatment. Red Lake Falls, Minnesota Subd. 1, Tethering. No animal shall be tethered as a prim ary means of stationary confinement. Stationary confinement by tethering shat I be considered cruel treatment. a. It shag be unlawful for any person owning or in po ssession of any animal to keep that animal chained, tied, fastened or otherw ise tethered as a m eans of confi nement and restraint to property for more than 10 continuous hours in a 24 hour period. Subd. 2. That the animal, if not tethered, shall be within an end osure that shall I be constructed of material, and Ina mannerto minimize the risk of injury to the animal, and shall encompass sufficient usable spaceto keep the animal in good condition not smaller than a 100 square foot area and appropriate for the size or number of the animals. Section 503.15. CARE OF PREMISES Subd. 1. Clean shelter. Every structure and yard In which animals or fowl are kept shall be maintained in a clean and sanitary condition and free of all rodents, vermin, and objectionable odors. The interior walls, ceilings, floors, parti tions and appurtenant as of any such structure shall be whitewashed or painted a s the health officer shall direct. Upon the complaint of any individual or otherwise, the h ealth officer shall inspect such structure or yard and issue any such order as may ba reasonably necessary to carry out the provisions of Part 4. St. Paul, Minnesota Saint Paul, Minnesota November 3, 2004 This ordinance prohibits the chaining of dogs for more than two hours at one Elm e, requires a minimum of a two-hour relief perio d between confinements, and limits the total hours of chaining allowed per day to eight. Tethers must be least three times the length of the ani mat and weigh no m ore than 10 pounds. Tethers m ust allow the dog acces s to shelter and water and can be used only in area where it will not become tangled around objects. Chapter 200.17 (c) Chains, Kennels , Tethers and Tie outs: Chains, tethers or tie outs must be at least three (3) times the length of the animal secured to it and may not exceed ten (10) pounds in tot at weight, ... Any animal secured with a tie out must be so in area that would not at low the animal to become tangled around objects while a (lowing access to shelter and water.... Animals restrained by a chain, tether, or other tie out device shall not be secured to any stationary object for more than two consecutl ve hours, with at least a two hour rest or relief period between each c haining, and no more than four two hour chaining period s in a 24 hour period. Creve Coeur, Missouri April, 2005 - Dogs may not be chat ned form ore than eight c onfinuous hours or more than 12 hours in a 2 4 hour period. News Story - Tethers must be at least 15 feet long with a s wivel at both ends and must be attached by means of a properly fitting harness or collar of nylon or leather in proportion to the s ize of the animal. - Leaving a dog or cat tethered outdoors for in ore than eight continuous hours or more than 12 hours in a 24- hour period is prohibited - Tethering a dog or cat under condi tions where the anim al or tether can becom a entangled or w here the tether restricts access to "suttdable, edible, and sufficient food, clean water (cool in summer and unfrozen in winter) and appropriate s heiter" is prohibited. - Exposing a dog or eat to "any weather conditions that cause Immediate Imminent threat to the anim al's physical well - being" is prohibited. - Tethering a dog or cat outdoors 1 n unsafe or unsanitary conditions or in a way that "does not allow the animal to defecate or urinate 1 n an area separate from the areas where it m ust eat, drink, or lie down" is prohibited. O'Fallon, Missouri June 2009 http:// www.unchainyourdog.org/Laws.htrn 10 /10 /2011 Unchain Your Dog.org I Improve Dog Chaining or Tethering Laws /Ordinances From http: / /suburbanjournals.stitoday.com The bill, passed by an 6 -0 vote, makes it illegal for owners to tie their dogs or cats on a tether in the back yard for more than eight fours at a t Ime or 12 hours within a 24 -hour period. The new law also mandates that tethers be at least 15 feet long and have a swivel at both ends. The law also requires that ani mats have access to shelter in the event of Inclement weather and enough space so that animals would not be forced to eat, sleep and defecate 1 n the same area. Camden, New Jersey January 11, 2001 Animals may not be chained or teth ered in any manner for more than two consecutive hours. § 210 -45. Unlawful to chain or tether animals. Animals shall not be chained, tied, fastened or otherwise tethered to dog houses, trees, stakes, poles, fences, walls, or any other stationary objects outdoors or indoors as a means of confinement for more than two consecutive hours in any twenty- four -hour period. Lower Township, New Jersey April 19, 2004 This ordinance limits the chaining of dogs to nine hours in any 24 -hour period. Tethers m ust be lightweight, at least 15 feet long, and tangle free. They must allow a dog to move freely and have access to a doghouse. Section 166 -1 (E) Chaining or Tethering of Dogs: Dogs must be able to move freely when chained or tethered and shall b e confined for a period no greater than nine hours within a t wenty -four hour period. The s Ize of the tether or chain must be a minimum of 15 linear feet an d shall rem sin tangle free. Dogs m ust be equipped with properly fitting harness or buckle type collar. The tether or chain s hall be constructed of lightweight cable. A doghouse shal I be accessible to dogs that are chaff ned or tethered. Ocean City, New Jersey July 21, 2004 This ordinance prohibits the chaining of dogs who have not been spay ed or neutered. The chalnl ng of sterilized dogs for m ore than nine total hours 1 n any 24 -hour period is prohibited. Dogs m ay not be chained at all between sunset and sunrise. Tethers must be light - weight, tangle free, attach to a proper c ollar or harness, and must not place the animal in any danger. Chapter 11 -1.6. Chaining or Tethering. a. Dogs must be able to m ova freely when chained or tethered and shall be confined for a period no greater than nine (9) hours within a twenty -four (24) hour period. The tether or chain s hall be of such length as not to place the ani mal in any danger and shalt assure that the ani mal will be confined 10 the owner's property . The chain or tether shat I be tangle free. Dogs m ust be equipped with a properly fitting harness or buckle type collar. The tether m ust be made of light- weight, yet durable m aterial, or a chain_ b. Dogs that are not spayed or neutered will not be allowed to be tethered or chaff ned for any period of time and must be in a completely enclosed yard ar housed indoors, c. No dogs may be tethered or c hained after dark (prior to sunrise or after sunset). Sea Isle City, New Jersey May 11, 2004 This ordinance limits the chaining of dogs to nine hours in any twenty -four hour period. Tethers must be lightweight, at leas t 15 feet long, and tangle free. They must allow a dog to m ove freely and have access to a doghouse. Unaltered anim als cannot be chained for any period of time. No dogs m ay be chained after 10:30 p.m. Subsection 5 -3.9 Chaining or Tethering of Dogs: (a) Dogs m ust be able to move freely when chained or tethered and shall be confined for a peri od no greater than nine hours within a twenty -four hour period. The size of the tether or chain must be a minimum of 15 linear feet a nd shall rem ain tangle free. Dogs m ust be equipped with properly fitting harness or buc kle type collars. The tether or chain shall be constructed of lightweight cabl e. A doghouse shall be accessible to dogs that are chaff ned or tethered. (b) Dogs that a re not spayed or neutered will no t be allowed to be chai ned for any period of time and must be in a completely enclosed yard or housed indoors. (c) No dogs maybe chained after the hours of 10:30 PM In the evening. Wlldwood, New Jersey July 14, 2004 This ordinance limits the chaining of dogs to nine hours In any twenty-four hour period. Tethers must be lightweight, at least 15 feet long, and tangle free. They must allow a dog to m ove freely and have access to a doghouse. http:// www.unchainyourdog.org /Laws.htm 10/10/2011 Unchain Your Dog.org `Improve Dog Chaining or Tethering Laws /Ordinances Section 8 -7,8 Chaining or Tethering of Dogs: Dogs m ust be able to move freely when chained or tethered and shall be confined for a period no greater than nine hours within a twenty four hour period. The s ize of the tether or chain m ust be a minimum of 15 linear feet an d shall rem sin tangle free. Dogs m ust be equipped with property fitting harness or buckle type collar. The tether or chain s hall be constructed of I ightwelght cable. A doghouse shat I be accessible to dogs that are chal ned or tethered. Wildwood Crest, New Jersey June 14, 2004 This ordinance limits the chaining of dogs to eight hours in any twenty-four hour period. Dogs cannot be tethered for more than four consecutive hours, and must be taken off a tether for at least o no hour between confinements. Tethers must be lightweight, at least 15 feet long, and tang le free. They must allow a dog to move freely and have access to a doghouse. No dogs may be chained after 11:00 p.m. Section 28 -9 Chaining or Tethering of Dogs: (a) D ogs must be able to move freely when chained or tethered and shall be confined for a period no greater than eight hours within a twenty-four hour period, with a maximum of four (4) hours at anyone interval and am inimum one (1) hour period between confinem ants. The size of the tether or chain m usi be a minimum of fifteen (15) linear feet and shall t remain tangle free. Dogs must be equipped with property fitting harness or buckle -type collars. The tether or chain shall be constructed of lightweight cab] e. A doghouse shall be accessible to dogs that are chai ned or tethered. (b) N o dogs shall be chained after the hour of 11: 00 PM in the evening. Canandaigua, New York September 1, 2005 This ordinance prohibits the tethering of dogs for m ore than 16 hours in any 24- hour period and only allows tethering if certai n conditions are met. Section 6.08.020 Definition s. F. Tether — chaining, tying, leashing, or tethering a dog to any object. Section 6.08.030 Restricti ons, H. Tethering of Dogs Prohibited (1) it is prohibited to restrain a dog or puppy by a chain or tethe r for more than sixteen (16) hours in a twenty - four (24) period. (a) Any tethering system employed shall not allow the dog or puppy to leave the owner's property. (b) Any tethered animal shall be arranged so that the tethering device cannot become entangled around trees, poles or other obstacles nor prevent the access to shade, food, water, and shelter. New York City, New Yo rk February, 2011 LOCAL LAWS OF THE CITY OF NEW YORK FOR THE YEAR 2011 No. 10 To amend the administrative code of the city of New York, in relation to prohibiting restraining animals outdoors far longer than three con tinuous hours in any continuous twelve -hour period_ Be it enacted by the Council as follows: Section 1, Title 17 of the administrative code of the city of New York is amended by adding a new section 17- 197 to read as foil ows: §17 -197 Restraining animals outdoors. a. (1) No person shall I tether, leash, fasten, secure, restrain, chal n or tie an anim al to a stationary object outdoors, or cause s uch animal to be so restrained, for longer than three cent! nuous hours i n any continuous twelve -hour period. (2) Any person who tethers, leashes, fastens, secures, restrains, chains or ties an animal to a stationary object outdoors for a perm issible period of time shall provide such anim at with adequate food, water and shelter, and shall restrain the animal with a device having swivels at both ends that is of an adequate length for the type and size of animal being restrained, provided, however, that the requirement to provide adequate food, water and shelter shal I not apply to a person who restrains an and mat while com plating a tas k for a period of time that is fifteen minutes or less In duration. b. Notwithstanding the provisions of subdivision a of this section, no person shall tether, leash, fasten, chain, tie, secure or restrai n any animal for any amount of time with a device that: (1) Is a choke collar or pinch collar, (2) has weights attached or contains links that are more than one - quarter inch thick; (3) because of its design or placement is likely to become entangled; (4) is long enough to a Ilow the animal to move outside of its owner's property; and (5) would all ow the restrained anim al to move over an obj act or edge that cou Id result in the strangulation of or injury to such animal. c. Any person who violates the provisions of this section or any of the rules promulgated thereunder shall I, for a first offense, be guilty of a violation punishabl a by a fine not to exceed two hundred fifty dollars, provided that such person s hall be issued a written w arning instead of s uch fine for such first offense where such animal was not injured as a resul t of being restrai ned in violation of this section. For any subsequent offense within a continuous twelve -month period, such person shall be guilty of a class B misdemeanor punishable by a fine not to exceed five hundred doll ars or by imprisonment of not more than three months, or both. I n addition to such penalties, any person who violates this section shall be liable for a civil penalty of not less than two hundred fifty dollars nor more than five hundred dollars. d. Authorized officers, veterinarians and employees of the department, agents of the American Society for the http:// www.unchainyourdog.org/Laws.htm 10/10/2011 Unchain Your Dog.org I Improve Dog Chaining or Tethering Laws /Ordinances Prevention of Cruelty to Animals and any other persons designated by the commissioner shall be empowered to enforce the provis ions of this section or any rule promulgated hereunder. Violations of this section maybe supported by evidence including, but not limited to, time - stamped photographs and video, records of complaints. and sworn witness statements. e. The provisions of this section shall not be construed to prohibit the department, the American Society for the Prevention of Cruelty to Animals or any law enforcement officer from enforcing any other law, rule or regulation regarding the humane treatment of animals. f. The provisions of subdivision (a) of this section shall not apply to the officers or em ployees of any federal, state or city law enforcement agency. Huntington Wart Virginia 2009 From Herald- Dispatch: http://www.heraid-dlspatch.com/ news /x300693159 /Council- passes - dog - tethering- ordinance HUNTINGTON -- After months of public debate, committee meetings and protests that involved animal lovers chaining themselves to trees at Ritter Park, the city of Huntington now has a dog tethering ordinanc a. City Council approved the ordi nance Monday night by a 9 -2 vote. Councilmen Jim Insco and Nate Randolph were the two dissent ing votes. The adopted ordinance 1 s a simplified version of the origi nal measure that City Council debated this past summer. The original proposal limited tethering to no more than 10 hours a day and would have prohibited the practice entirely depending on the outside temperature. Recognizing the first proposal would be difficult, if not impossible, to enforce, Councilman Jim Ritter pared down the ordinance to prohibit tethering only when a dog's owner or guardian is not present. Tethering will still be allowed w hen the owner or guardian is at home, said Ritter, the ordinance's sponsor. Albuquerque, New Mexico January 19, 2005 This ordinance prohibits the chaining of dogs for more than one total hour in any 24 hour period. Council Bill No. C/S 0- 04 -90, Section 4 (A):... [N]o person shall chain, tie, or otherwise affi x a dog to any stationary object for more than one hour in any 24 hour period. Laurinburg, North Carolina June 20, 2000 Dogs may not be chained fora period longer than one hour in a 24 -hour period. Sec. 4 -21. Restraint of dogs. When a dog is on the property of its owner or keeper and is not within a secure enclosure, it shall be under the direct control o F and obedient to the owner or k eeper. At all othe r times when a dog is on the property of its owner or keeper, it shall be kept within a secure enc losure, including a fenced in area or elec tronic fence, house or other build! ng, of sufficient strength and height to prevent the dog from escaping therefrom; provided, the owner or keeper may, for a period not to exceed one (1) hour every twenty-four(24) hours, allow the dog to be tethered or chained to a stationary objector pole so long as the dog is provided sufficient water and nourishment. AN dogs off of the property of the owner or keeper shall be controlled by means of a leash and under the direct control of and obedient to th a owner or keeper's command. Noncompliance with any of the foregoing provi sions in the section 4 -21 may result in the impoundment of the animal at any time, or it may result in a fine of one hundred dollars ($100.00) or both. Dogs utilized bylaw enforcement officers in the course of law enforcement activities are exempt from the section. (Code 1975, § 4 -5; Ord. No, 0- 1997 -29, 11- 18 -97; Ord. No. 0- 2000 -12, § 1, 6- 20 -00) Orange County, North Carolina February 2009 It shall be unlawful for any person to restrain a dog using a chain, wire or other type of tethering device in a manner prohibited by this subsection. 1. No person shall tether, fasten, chain, tie, or restrain a dog, or cau se such restraining of a dog, to a tree, fence, post, doghouse, or other station ary object for more than a total of 3 hours in a 24 -hour period. During periods of tethering that are not unlawful under this subsection, any tethering device used shall beat least 10 feet in length and attached ins uch manner as to prevent strangulation or other Injury to the dog and entanglement with objects. in no event shall the time limitations established by this subsection 1 and subsection 2 below be added together to all ow for tethering, fastening, chaining, lying, or restraining to either a stationary objector to a cable trolley system for more than a total of 3 hours in a 24 -hour period. 2. No person shall tether, fasten, chain, tie, or restrain a dog, or cause such restraining of a dog, to a cable troltey system, that allows movement of the restraining device, for more than a total of 3 hours In a 24 -hour period. During periods of tethering th at are not unlawful under this s ubsection, the length of the c able along which the tethering devi ce can move must be at least 10 feet, and the t ethering device must be of such length that the dog is able to move 10 feet away from the cable perpendic ularty and attached in s uch manner as to prevent strangulation or other injury to the dog and entanglem ent with objects. http:// www.unchainyourdog.org /Laws.htm 10/10/2011 Unchain Your Dog.org I Improve Dog Chaining or Tethering Laws /Ordinances Read more: http:Htownhall.townofcha pelhill.org /agendas /2009 /02 /16/2 /2- 2- orange_ county_tethe r €rtg_ordinance.pdf Scotland County, North Carolina June 6, 2005 This ordinance prohibits the chaining of dogs for more than one hour in any 24 -hour period. Section 9 (H): No person shall, at any time, fasten, chain, ortie any dog or cause such dog to be fastened, chained, or tied, while such dog is on the dog owner's property, or on the property of the dog ow ner's landlord no longer than one (1) hour per day . North Royalton, Ohio July 1, 1997 Chapter 6113.05 AN IMAL CARE STANDARDS; CRUELTY TO ANIMALS. 6. Dogs continuously maintained on a restrictive chain, rope or other kind of tether shall be deem ad to be Improperly confined. However, tethering may be acceptable in certain cases where adequate daily socialization and exercise off the tether have been affo rded and verified. if a dog is confined on a tether, excepting periods of time that are brief and incidental, the tether shall be at least fifteen feet in length and positioned to prevent tangling and hanging. The tether m ust be of proper weightfor the dog's size to allow for the provisions set forth in paragraph (c)(1) hereof. Logging chains are prohibited for any dog. The tethered dog shall wear a properly fitted harness or buck le -type collar and be raises ed from the tether at least twice daily for adequate exercise. A choker -chain on the neck of a tethered dog € s prohibited. No other animals shall he tethered unless under the supervis ion of a custodian capable of handling the animal. Collars, harnesses, halters and the I Ike shall be property fitted to prevent discomfort or inju ry. Chagrin Falls, Ohio June 25, 2007 505.071 C RUELTY TO COMPANION ANIMALS c) No person who confines or who is the custodian or caretak or of a companion an] mat shall negligently do any of the following: 3) Dogs tethered outs ids shall be limited to a total of nine hours in any twenty four hour period. Tethers canno t inhibit a dog's movement in any way that causes injury, entanglement, or strangulation. All tethers will be no less than twenty feet in length. Chok a collars and pinch collars are prohibited for the purpos a of tethering. 4) When am blent tem peratures fal I below thirty degrees Fahrenhef t, dogs shat I be lim ited to a total of four hours outside, whether in a pen o ron a tether. When summer temperatures exceed eighty rive degrees Fahrenheit, animals have to be provided with adequate shade. Adequate s hade will be shade which affords the animal the ability to be protected form direct exposure to the sun. 6) Dogs cc nfined to pens in ust have not less than 150 square feet of pen spac a for each dog hous ad. Middletown, Ohio April, 2007 9 616.23 CONFINEMENT OF DOGS. EXHIBIT "C" (a) Except as otherwise limited by Section 618.17 of the C odified Ordinances, dogs may be considered to be in the reasonable control of their owner, harborer or keeper if they are enclosed or tethered on th a property of such owner, harborer or keeper. (b) Chaining or tethe ring. Direct point chaining or tethering of dogs to a stationary point is prohibited. Dogs may be restrained by means of a trol ley system or a tether attached to a pulley on a cable run, I the following conditions are met: A. Only one dog m ay be tethered to each c able run B. The tether m ust be attached to a p roperiy fitting collar or hamess worn by the dog, with enough room between the collar and the dog's throat through which two adult hum an fingers may fit Choke collars, prong collars and pinch col lars are prohibited for purposes of tethering a dog to a cable run. C. The chat or tether in ust have swivels on both a nds. D. The tether or chaff n and cable run in ust be of adequate s €ze and strength to effectively restrain the dog. However, the chain o r tether shall weigh no m ore than one - eighth (118) of the dog's weight E. The chain or tether in usl be at least fdleen (15) feet in length and attac had to a pull ey or trolley mounted on a cable which i s also at least fifteen (15) feet in length and m ounted no more than seven (7) feet above the ground. F. The dog shall be tethered at a sufficient distance for any other objects to prevent tangling of the chain or tether, from extending over an object or an edge that could result In strangulation and a sufficient distance from any fence to prohibit the dog access to the fence. G. The dog shall have continuous access to water and shelter. H. The dog must be spayed or neutered. 1. No dog shall be chain ad or tethered for more than twelve (12) consecut Eve hours in a twenty -four (24) hour period. (c) Enclosures. Any dog enclosed In a pen or a fenced y and must have adequate s pace for exercise based on a dimension of at least one hundred and fifty square feet (150 sq. ft.) per dog. http:// www.unchainyourdog.org/Laws.htm 10/10/2011 Unchain Your Dog.org I Improve Dog Chaining or Tethering Laws /Ordinances Bartlesville, Oklahoma www.dtVofbartlesvilie.org Section 3 -125 Use of tie -outs and chalning limited. (A) it shall be unlawful for the owner of any dog to keep or maintain the do g on a tie -out consisting of a rope, chain or other ty pe of tether for a period of more than five (5) continuous hours, or for any duration under conditions which threaten the health a r well -being of the anim al. At the end of any such period, the owner shall remove the tether from the dog and p rovide the dog with an adequate chance to exercise. (B) The ow nor of a dog maintained on a tether of any type shall properly fit the dog with a harries s or buckle -type collar to which the tether shall be attached. The tether shall I be of adequate I ength to allow reasonable exercise and access to water and shot ter at all times, and shall not be subject to entanglement with other objects in a manner to cause the dog any injury or discomfort or be of a weight disproportionate t o the size of the animal so tethered as to unduly burden the anim al. (C) The owner of any cal shalt not stake the cat outside on a leash, rope, chain, or similar tether. (D) The requirem ants of this section shall apply during the twenty -four hours of each day. Multnomah County, Oregon June 27, 2002 - Tethering is restricted, Dogs m ay not be continuously tethered longer than 10 hours i n a 24 hour period. Ordinance No. 985 (b) Tethering of a dog on a I eash, cord, chain or aim liar device, to an object that prohibits or restricts movement, recommended not more than an hour. Allowing the dog a I al area, avoid entanglement, tether the dog to a stationary object. (c) The Board w ishes to prohibit tethering a dog In an unsafe manner and in any mannerfor longer than 10 h ours in a 24 -hour period. Hazleton, Pennsylvania Ordinance 2006 -9, Dog Owner Responsibility 2. Containment a. All dogs shall be securely contained to their owner's property , but may not be Inhum onely restrained by tying to a restrai nt for more than 8 contin ual hours per day. Oak Ridge, Tennessee Animals may not be restrained for m ore than eight hours in a twenty- fourhour period. City Code (b) A dog or puppy may be restrained by a fitted point chain or tether for no m ore than eight hours in a twenty - four hour period, (c) A dog may be exclusively restrained by a chain or tether provi ded that it Is at least ten feet in length, with swivels on both ends, and is properly attached to a pulley or trolley mounted on a cable which 1 s also at i east ten feet in length and mounted at leas (four feet and no m ore than seven feet above ground level in a manner so as notto interfere or become entangled with objects on the property. (d) Any tethering system employed shall not allow the dog or puppy to leave the owner's property. (e) No chain or telhe r shall weigh m ore than one-eighth of the dog or puppy's body weight. (f) Any chain or tether m ust be attached to a properly fitting collar or harness worn by the dog or puppy. Montgomery County, Tennessee 2010 (a) It shall be urtl awful for any animal to be confined or restral ned to any stationary object for more than one (1) hour. Puppies under six (6) months of age may not be left unattended at any time while tethered. Dogs al x (6) months or older, as deter tried by veterinary records or breeder cedific ates, may be restrained by means of a trolley system attached to a pull ey on a cable run. Exception: An in ground fi xed point cable system may be used if the system allows 360 degree m ovement and if the following conditions are met: (1) Only one dog may be confined or restrained to each cable system. (2) Choke collars and pinch collars are prohibited for purposes of confining or restraining. (3) There must be a swivel on at least one end of the restraint to minimize tangling. (4) The cable run must beat least twenty (20) feet In length and mounted at least four (4) feet and no more than seven (7) feet above ground level with a swivel on at least one and to minimize entanglement. (5) The length of the restraint to the dog's collar should allow access to the maximum available exercise area and should al low continuous ac cess to clean water and adequate shell ter, The trolley system must be of appropriate configuration to confine the dog to the owner's property, to prevent the restraint from extending over an object or edge that could resul t in injury or strangulatio n of the dog, and to prevent t he restraint from becoming entangled with other objects or animals. (6) Any dog confined or restrained 24 hours a day 7 days a week must have at least 30 minutes of time spent actively with proper exercise off restraint (by means of leash walk ing, active play in an enclosed secured area http:// www.tmehainyourdog.org/Laws.htm 10/10/2011 Unchain Your Dog.org I Improve Dog Chaining or Tethering Laws /Ordinances conducive to the dogs size and age) within each 24 hour period. (a) Any dogs confined within a fenced yard or kennel type enclosure must have adequate space for exercise based on a dimension of at I east one hundred (100) square feet. (7) No dog shat I be confine d or restrained in an area where bare earth is preval ent and no steps have been taken to prevent the area from becoming wet and muddy from precipitation. (10- 3 -7) Austin, Texas October3, 2002 - Dogs cannot be tethered for more than 8 hours in a 24 -hour pertod unless the chain is longer than 10 feet, sw fvels and is attached to a pulley. Ordinance No. 021003 -13, Article I Chapter 3 -3 -8 (a) A person m ay not restrain a dog by a fired point chain or tether for more than eight hours in a 24 -hour day unless the chain or tether is at least 10 feet long, has swivels at each end, and is atta ched to a pulley or trolley mounted cable that is mounted no more than seven feet above ground level. (b) A person restrai ning a dog with a chai n or tether shall attac h the chain or tether to a properly fitted collar or harness worn by the dog. A person m ay not wrap a chat n or tether around a dog's neck. A person m ay not restrain a dog with a chain or tether that weighs more than 11B of the dog's body weight. (c) A person may not restrain a dog in a manner that does not allow the dog to have access to necessary shelter and water. A chain or tether used to res train a dog must, by design and placement, be unlikely to become entangled. (d) A person m ay not restrain a dog I n a manner that allows the dog to move outside the person's property. Grand Prairie, Texas Sec. 521. Unlawful restraint o f animals. (a) The owner of an anim al may restrain an animal on a tether for a reasonable period, not to exceed three hours in a 24 hour period, and no longer than is necessary for the owner to complete a temporary task that requires the anima[ to be restrained. Tethering is prohibl led: (1) Between the hours of 10 p.m. and 6 a.m.; (2) Within 500 feet of the prom ises of a school or school bus stop; (3) If the actual or effective outdoor temperature is below 32 degrees Fahrenheit ; (4) If a heat advisory has been Issued by a local or state authority or jurisdiction; (5) If a hurricane, tropical storm, ortomado warning has been issued for the juris diction by the National Weather Service; (6) if the tether is a, lea s than five times the length of the dog, as measured from the tip of the dog's nos a to the base of the dog's tail; or b. less than 10 feet; whichever is greater. (7) If the tether and/or related attachm ents are greater than 20 percent of the ani mat's weight; (6) If the tether is attached by means of a pinchtype, prongtype, orchoketype collar or if the collar is unsafe or Is not properly fitted; (9) If the tether inhibits the animal's free movement or causes injury or entangle ment (10) if the animal is under four m onths of age; (11) If the animal does not have access to shade, dry shelter, and a tipproof water supply; (12) If the length of the tether at lows the animal to touch the fence ore ross the property line or cross onto public easement. Sec. 522.Confinement. (a) Any dogs confined within a fenced yard must have adequate s pace for exercise based on a di mansion of at least 100 s quare feet for one dog, plus an additional 30 square feet for each additional dog. (b) For owners or persons havi ng custody of a dog kept in an outside dog run or dog kennel, the enclosure shag meet the 100 square foot requkem ent for the first dog with an addit Tonal 30 sq uare feet for every additional d og in the sam a enclosure. End osures shat I be of sufficient height to prevent the dog from escaping, constructed of chain link or similar material with a set id floor or ground, provi de shade and protection from the elements, and meet the requirements Danville, Virginia Sec. 5 -25. - Adequate space for animals; time restriction on tethering companion animals, (a) It shall be unlawful to fail to provide any animal with adequate space. "Adequate space" means sufficient space to allow each animal to (i) easily stand, sit, lie, turn about, and m ake all other normal body movements in a comfortable, normal position for the animal and (tt) interact safely with other animals in the enclosure. (b) When a companion animal is tethered, "adequate s pace" means a tether that perm Its the above actions and is appropriate to the age and size of the com panion animal. The tether must be attached to the companion animal by a properly applied collar, halter, or harness configured so as to protect the companion animal from injury and prevent the companion animal or the tether from becoming entangled with other objects or animals, or from extending over an object or edge that could result in the strangulation or injury of the companion animal. Furthermore. the tether must be at least three (3) tim as the length of the com panion animal, as measured from the tip of its nose to the base of its tall, except when the com panion animal is being walked on a leash or is attached by a tether to a lead I ine. When freedom of movement would endanger the companion animal, temporarily and appropriately restricting movement of the companion animal according to professionally accepted standards I s considered to be provis Ion of adequate s pace. (c) It shall be u nlawful for any person to tether a companion animal: 1. When the outside tern perature is equal to or less than thirty -two (32) degrees Fahrenheit; 2. In a manner as to cause injury, strangulation or entanglement of the dog on fences, trees, or other http:// www.unchainyourdog.org/Laws.htm 10/10/2011 Unchain Your Dog.org ( Improve Dog Chaining or Tethering Laws /Ordinances 4 manmade or natural obsta cles; 3. To a fixed- point; 4. That is under four (4) in onths of age; 5. That is sick or injured; or 6. For more than four (4) tours, in any twenty-four-hour period. (d) Any person violating the provisions of this section shall be guilty of a Class 4 misdemeanor. Northampton County, Virginia May 19, 2004 - A/c animal shall be tethered form ore than 12 hours in a 24 hou r period. Tethers must be at least 10 feet long. Any violations shall constitute a Class 4 misdem eanor. Provisions to Section 3.1- 796.66, 3.1- 796.66, and 3.1- 796.94 Section 1. Care of companion animal tethered An animal owner in the County of Northampton shall allow each anim M to (I) easily stand, sit, lie, turn about and in ake all other normal body movements in a comfortable, normal position for the animal and (G) interact safely with other anim als in the enclosure. When an animal is tethered, 'adequate space" means a tether that permits the above actions and is appropriate to the age, size, and health of the animal; is attached to the animal by a property applied collar, halter, or harness configured se as to protect the animal from injury and prevent the anim at or tether from becoming entangled with other objet is or animals, orfrom gaining access to public thoroughfares, or from extending over an object or edge that could res ult in the strangulation or Injury of the animal; and is at least ten (10) feet in length or three (3) tin es the length of the an !mat whichever is longer, as measured from the tip of Its nose to the base of its tai(, except when the anim al is being w alked on a leas h or is attached by a tether to a lead line. When freedom of movement would endanger the anim al, temporarily and appropriate) y restricting movement of the animal according to profes sionalty accepted standards for the species is considered provi sion of adequate space. Provided , however, that no animal shall be tethered for in ore than twelve (12) hours in a twenty- four -hour period. Norfolk, Virgin la January 11, 2005 - Animals maynot be tethered formore than twelve hours In a twentydourhour period. Chap. 6 -1. When an anim at is tethered, "adequate space' means a tether that perm its the above actions and is appropriate to the a go, size, and health of the ant mal; is attached to the animal by a properly applied collar, halter, or harness con figured so as to protect the animal from injury and prevent the animal ortetherfrom becom ing entangled with other objects or animals, or from gaining access to public thoroughfares, or from extending over an object or edge that could result in the strangula tion or injury of the animal; and Is at least rive (5) feet in I ength or three (3) times the length of the anim at whichever is longer, as measured from the tip of its nose to the base of its tail, except when the anim at is being walked on a leash or is attached by a tether to a lead line. When freedom of movement would endan gar the animal, temporarily and appropriates y restricting m ovement of the animal according to professionally accepted standards for the species is considered prove sion of adequate space. Provided. however, that no animal shall be tethered for m ore than twelve (12) hours in a twenty- four -hour period. Northampton County, Virginia May 19, 2004 No animal shall be tethered for m ore than 12 hours 1 n a 24 hour period. Tethers must be at leas t 10 feet long. Any violations shalt constitute a Class 4 misdemeanor. Provisions to Section 3.1- 796.66, 3.1- 796,66, and 3.1-796.94 Section 1. Care of companion animal tethered An animal owner in the County of Northampton shall allow each anim al to (i) easily stand, sit, lie, turn about and make all other norm at body movements in a comfortable, norm al position for the animal and (6) interact safely with other ant mals in the enclosure. When an animal is tethered, "adequate space' means a tether that permits the above actions and is appropriate to the age, size, and health of the an !me); is attached to the animal by a properly applied collar, hal ter, or harness configured so as to protect the animal from injury and prevent the animal or tether from becoming entangled with other objects or animals, or from gaining access to public thoroughfares, or from extending over an object or edge that could result in the strangulation or injury of the animal; and is at (east ten (10) feet in length or three (3) times the length of the animal whichever is longer, as measured from the tip of its nose to the base of i is tail, except when the animal is being walked on a leash or is attached by a father to a lead I ine. When freedom of movement would endanger the anim at, temporarily and appropriately restricting movement of the animal according to profession ally accepted standards for the species Is considered proves ion of adequate s pace. Provided, however, that no ani mat shall be tethered for more than twelve (12) hours in a twenty - four -hour period. Section 2. Penally for Violation of this Ordinance Richmond, Virginia October 23, 2007 http:// www.unchainyouTdog.OTg/Laws.htm 10/10 /2011 Unchain Your Dog.org I Improve Dog Chaining or Tethering Laws /Ordinances The Richmond City Council passed an ordinance that makes it punishable by fines and jail time to leave a dog tethered for more than an hour a day. The ordinance makes it unlawful for owners to fail to give their dogs adequate space, a s defined by state law, or to tether them for more than one hou r cumulatively in a 24 -hour period. A first offense would be a Class a misdemeanor, punishable by a fine of up to $500. A second offense would be a Class 2 misdemeanor, with a fine of up to $1,000 a nd jail up to six months. A third offense or m ore would be a Class 1 misdemeanor, with a fine of up to $2,500 a nd 12 months in jail. Read news story Smithfield, Virginia October 4, 2005 This ordinance prohibits the tethering of dogs for more than 8 hours in any 24- hour period and forbids tethering between the hours of 11 p.m. and 6 a.m. Section 18-45 (a) it shall be unlawful for any person owning and/or aontroll ing dogs whether vase inated or unvaccinated, licensed or unlicensed, to allow said animal to be tied or chained to dog houses, or other s tationary objects for a period of tim a longer than 8 hours in a 2 4 hour period and shall be prohibited from 11:00 pm through 6:00 am. Staunton Virginia 2010 6.05.090 Tethering anim als. (1) It shall be unlawful for any person to tether any animal less than four months of age within the city of Staunton. Animals overfour months of age are prohibited from being tethered between the hours of 10:00 p.m. through 6:00 a.m. local time. (2) Whenever the police deparim ant or animal control officer receives a complaint as to a violation of this section, and the complaint is found to be warranted, the pol Ice departm ent or animal control officer shall notify the person in writing to abate s uch violation within 30 day s. If, after such written notice, the person fails to correct the violation, the pol Ice departm ent or animal control officer shall take the necessary legal action to abate the viol ation by having the animal impounded or the person charged with a viol ation of this section, or both. (3) The first violation of this section shall constitute a Class 4 misdemeanor. A subsequent violation shall constitute a Glass 3 misdemeanor. (Ord. 2010 -14). Virginia Beach, Virginia August 31, 1999 - This ordinanc a prohibits the chaining of dogs for m ore than three total hours in any 24 hour period. Tethers m ust be at least three times the dog 's length. Section 5 -19: (a) It shall be unlawful to fail to provide any animal with adequate sp ace. 'Adequate space" means sufficient space to allow each ani mat to (1) easily stand, sit, lie, turn about, and make all other normal body movements in a comfortable, normal position for the animal and (ii) interact safely with other animals in the enclosure. (b) When a dog is tethered, "adequate space" means a tether that perm its the above actions and is appropria to to the age and at ze of the dog. The tether m ust be attached to the dog by a properly applied collar, halter, or harness configured so as to protect the dog from injury and prevent the dog or tether from becoming entangled with other objec is or dogs, or from extending over an objector edge that could result in the strangulation or injury of the dog. Furthermore, the tether must be at least three ti mes the length of the dog, as m easured from the tip of its nose to the base of Its tail, except when the dog is being walked on a leash or is attached by a tether to a lead line. When freedom of movement would endanger the dog, temporarily and appropriately restricting movement of the dog according to professionally accepted standards i s considered to be provis ion of adequate s pace. (c) It shall be unlawful for any dog to be tethered for m ore than three (3) hours, cumulatively, in any twenty- four -hour period. Moundsville, West Virginia November 2009 http://fohowv.org /images /pdFla w /moundsvilletetheringord.pdf No person shall tether an animal: a. When the outside tem perature Is equal to or greater than 85 degrees Fahrenheit or equal to or I ass than 32 degrees Fahrenheit. b. In such a manner as to cause injury, strangulation or entanglement of the dog on fences, trees or other man -made or natural obstacles. c. With a fixed point chain or to any stationary object. d. After dark and before 6 AM e. Within 500 feet of a s chod f. That Is under 6 m onths of age. g. That is sick or injured. CONFINEMENT REQUIREMENTS: Though highly discouraged, tethed ng is only acceptable during the perm itted hours by the following methods. A. Dogs may be restrained by means of a trolley type system or a tether attached to a pulley on a cable run, Provided: 1. Only one dog may be tethered to each cable run. http:// www.unchainyourdog.org/Laws.httn 10/10/2011 Unchain Your Dog.org I Improve Dog Chaining or Tethering Laves /Ordinances Z. The tether must be attached to a properly fitted buckle type collar or a harness, Choke, prong or pinch collars shag not be u sed to tether a dog to a c able run. A swivel must be on each end of th a tether to prevent twisting and tangli ng. 3. The tether and cable in ust be of adequate s ize and strength to effectively restrain the dog and m ust not be of excessive size or weight considering the age, size and health of the dog. Maximum weight limit of the tether, includi ng any assembly or attachments thereto, sh all be no m ore than 118 the weight of the dog. 4. The cable run m ust be at least ten (10) feet in length and m ounted at feast to ur (4) feet and no more than seven (7) feet above g round level. 5. The length of the tether from the cable run to the animal's collar must be of such length that the dog Is able to move 10 feet away from the cable perpendic ularly and should allow continuous access to water and shelter, The cable system must be ofthe appropriate oonfi guration to confine the animal to the owner's property, to prevent the tether from extending over an objec t or an edge that coui d result in t njury or strangulation and to prevent the tether from becoming entangled with other obj acts or animals. The tether must be long enough for the animal to move around and be abl a to urinate or defecate I n an area separate from where it must eat, drink or lie down. The tether ust allow the anim al convenient access to food, water, dry ground or shelter. No vegetation or obs tactes can restrict the movement of the animal on the tether. B. A shelter which is defined as havi ng 4 sides, a roof and a sot id floor and be of the a ppropriate, size for the animal. The dog in ust be able to eas ily stand, sit, lie down, turn around and m ake all other normal body movements in a comfortable, normal position for the anim al. It must be wind and m oisture proof and of proportionate size to allow the natural body heat of the dog to be retain ed in cold weather. 7. An entry way to allow the animal to easily enter and ex it; the entryway must have a fl ap which blocks any inclem ant weather from entering. (wind, rain, s now, etc.) 8. The floor shall be raised at I east 2 inch es above the ground an d be free of crack s, holes or protruding nai Is or rough edgas that could cause injury. 9. The shelter shal I be maintained and cleaned regularly. The area around the s helter shal I be kept clean of accumulated feces, garbage and a ny other debris. 10. Metal drums shall not be considered shelter. 11. Straw, cedar chips or such I Ike material shall be provided ins ide the dog hous a and the surrounding area. 12. The shelter is placed in an area that provides protection from the direct rays of the sum, when sunlight is likely to cause overheating or dis comfort. Pens, fences or other such enclosures must: h. Allow a minimum of 150 square feet of area for each dog. 1. Provide sufficient shade to allow the dog to be out of the direct rays of the sun when sunlight is likely to cause overheati ng or dfscom fort. The inside of the dog house does not qualify as sufficient shade. j. Maintained in a cican manner and kept free from accumulated feces and debris, k. Provide shelter as defined in the Confinement Requirements Food and water: 1. Potable water must be available at all times. m. It must not be allowed to freeze without replacement. n. The food and water container must be placed out of the s un. o. Food and w ater is to be provided t n a clean container and situated or fastened i n such a manner to prevent overturning. p. Food shall be free from contamination, wholesome, palatable and of sufficient quantity and nutritive value to meet the daily requirements for the condition and s ize of the dog. Linn, Wisconsin August 11, 2003 - Dogs cannot be tethered form ore than eight hours in a 24 -hour period unless the chatn is longer than 10 feet, swivels, end is attached to a pulley. Chapter 7.10 Tethering/Chafnin g of Dogs Restricted. (a) A dog may be restrained by a foxed point chain or tether for no m ore than eight (8) hours In a twenty-four hour period. (b) A dog may be exclusively restrained by a chain or tether provid ad that is at least ten (10) feet in length and attached to a pull ey or trolley mounted on a cabl a which is also at least ten (10) feet in length and mounted no more than seven (7) feet abov a ground level. (c) No chai n or tether shall weigh m are than 1/8 of the dog's body weight. (d) Any chain or tether shall be at least to n (10) feet in length and have swivels at both ends. (e) Any chain or tether must be attached to a property fitting collar or harness worn by the animal. Charleston, West Virginia - June 2007 Dogs can't be tethered for m ore than two continuous hours or more than five times In 24 hours. Dogs can't be tethered outside for m are than one hour if the tem parature is greater than 90 degrees. Section 10.4 -Tethering of Dogs Racine, Wisconsin November, 1998 -Dogs cannot be tethered for more than twelve hours in a 24 -hour period. The chain must be at least 10 feet IOng, Sec, 10 -75. Chaining dogs. (a) It shall be unlawful to keep a dog chat ned for longer than 12 hours in any 24 -hour period, (b) The chain shall be no less than ten feet in I ength. (c) The chain shal I be attached in such a m annex as not to all ow the dog to trespass on public of private property. (d) The terms "chain" and "chaining" shall include ropes and leashes, [top) hlftp://www.unchainyourdog.org/Laws.htrn 10/10 /2011 Unchain Your Dog.org I Improve Dog Chaining or Tethering Laws /Ordinances Ordinances that Regulate Tethering Fairhope, Alabama May 12, 2003 - Chaining or tethering dogs is prohibited. Attaching do gs to a running line or trolley is permitted, provided that the line is of least 10 feet l ong. Enclosures must provide a minim um of 150 square feet for dogs over 6 months of age. Ordinance No. 1169 AN ORDINANCE TO PROHIBIT THE CHAINING OR TETHERING OF DOGS AND MANDATING THAT DOG ENCLOSURES MUST PROVIDE 15o SQUARE FEET OF SPACE FOR DOGS OVER SIX MONTHS OF AGE BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA, AS FOLLOWS: Section 1. Any person owning and/or control ling dogs whether vaccinated or unvaccinated, Ilcensed or unlicensed, shall no allow said animal to be tied or chained to dog houses, or other stationary objects. Section 2. No person shall, at anytime, fasten, rhai n, or tie any dog or cause such dog to be fastened, chained or tied while such dog is on the dog owner's property or on the property of the dog owner's landlord, or on any property within the corporate limits of the City of Fairhope. Section 3, Any dogs confined within a fenced yard must have an adequate spar a for exercise based on a dimension of at least 150 square feet per dog. Provided, further that where dogs are k apt or housed on property without a fenced yard, the owner of suc h dogs or persons hav a custody of such dogs shall provide an enclosure for su ch dogs meeting the 150 square foot pe r dog dimension. Such enclosure shall be constructed of chain Itnk or similar type materials with all four sides enclosed. The enclosure shall be sufficient height to prevent the dog from escaping from such enclosure, and shall meet the requirem ants of the Alabama animal rights protection act 13A -11 -241. Section 4. Nothing in this ordinance shall be construed to prohibit owners or others walk Ing dogs with a hand held leash. Section 5. Nothing in this ordinance shall be construed to prohibit owners from allowing dogs to be attached to over head runs (i.e. i eash or chain attached to an over head wire at to ast 10 feet long, that allows the dog to move unheeded.) Little Rock, Arkansas Sec. 6 -16. Confinement. (d) Chaining. Ditect point chaining, or tethering of dogs It o a stationary object, is prohibited. Dogs m ay be restrained by means of a trolley system, or a tether attached to a put ley on a cable run, if the fol towing conditions are met: (1) Only one dog may be tethered to each cable run. (2) The tether m ust be attached to a properly fitting collar or harness wom by the dog, with enough room between the collar and the dog's throat through w hich two fingers may fit. Choke collars and pinch collars are prohibited for purposes of tethering a dog to a c able run. (3) There m ust be a swivel on at least one end of th a tether to minimize tangling of the tether. (4) The tether and cable run must be of adequate size and strength to effec tively restrain the dog. The s ize and weight of the tether m ust not be excessive, as determined by the Animal Services officer, considering the age, size and health of the dog. (5) The cable run m ust be at least (10) feet in I ength and mounted at least four (4) feet and no m ore than seven (7) feet above g round level. (6) The length of the tether from the cable nun to the dog's collar should allow access to the maximum available exercise area and should allow continuous access to water and shelter. The trolley system must be of appropriate configuration to confine the dog to the owner's property, to prevent the tether from extending over and object o ran edge that could result in injury or strangulation of the dog, and to prevent the tether from becoming tangled with other objects or animals. (f) Confinement During Transportation. (1) When transporti ng a dog in an open -bed pickup or in any open -bed vehicle, the dog shall be confined in a secured carrier or dog box that provides th e dog adequate room to stand, turn around, and stretch out wuthout hindrance and provi des adequate v entlation and protection from environmental conditions. (2) If a dog must be transported i n an open -bed vehicle but is too large for a carrier or dog box , the dog shall be restrained by a system of tethering to the vehicle bed in a manner that reasonably restricts the dog to the center of the bed in order to prev ent the dog's escape and to m inimize the dog's access to the sides of the vehicle bed. (3) It shall be unl awful for any person to place or confine or all ow a dog to be confined f n such a manner that it must remain in a motor vehicle, trailer or pet ca rrier under such conditions for such periods of time as may endanger the health or well -being of th a dog due to heat, lac k of food or water, or any circumstances which might cause suffering, disability or death. Section 6 -17 Minimum Care (a) Shelter. (1) Any dog that is habitually kept outside or repeatedl y left outside unattended by an adult person is hall be provided with a structural ly sound, moisture -proof and windproof shelter I arge enough to keep the dog reasonably clean and dry. (2) A shelter which does not protect the do g from temperature extremes or precipitation, orwhich doe s not provide adequate ventilation or drainage, shall not comply with this section. (3) A dog's shelter and beddi ng and other acres sibie space shall be maintained in a manner which minimizes the risk of the dog contracting disease, being injured or becoming infested with parasites. (b) Nutrition. (1) it shall be unl awful for any person keeping or harboring any dog to fail, refuse or neglectto provide such dog with clean, fresh potab is water adequate for the dog's size, age, and phy sisal condition. This water supply shall be ei ther free flow Ing or provided in a removable recepta cle that is weighted and secured to prev ent tipping. hq:// www .unchainyourdog.org/Laws.httn 10/10/2011 Unchain Your Dog.org I Improve Dog Chaining or Tethering Laws /Ordinances (2) It shall be unlawful for any person keeping or harboring any dog to tall, refuse or neglect to provide such dog with wholes Dm foodstuffs uitable for the dog's physical condition and age and In sufficient quantities to maintain an ade quate level of nutrition for the dog. (c) Exercise. (1) The enclosure or confinement area for a dog shal I encompass sufficient useable space to keep the anim ai in good condi lion. (2) When a dog is confined by means of a tether and cable run, the trot ley system shall be configured to allow access to the maximum available exercise area. Go to Little Rock page. Hemet, California Sec. 10 -39, prohibited acts. (10) For any person owning or having possession, charge, custody or control of any dog to cause or permit or allow the dog to be stak ed out in such a manner that the rope or other attach ment by which such animal Is tethered perm its the ani mall to be or to go bey and the boundaries of the unenclos ad private I of or land. Freemont, California Chained animals must be free from danger of becoming entangled, and must have access to food, water, and shelter. See. 3 -5606. Animal restraints. When a chain, rope or other restraint 1 s used to teth er an animal, it shall be so placed or attached that it cannot becom a ant-angled with the chat n of any other anim at or with any other object. It shall be affixed by means of a well -fitted collar, and s hall be at I east four tim es the length of the ant mat as measured from the tip of its nose to the base of it s tail and s hall allow the animal convenient access to food, water and shelter adequate to protect the ani mat from the elements. Sec. 3- 51434. Restraint requirements for dangerous dogs. When confined in an enclosure the do g shall be provided access to adequate shelter from the elements, food, and water and shall not be tethered. San Bernardino, California 2006 D. DOG KENNELS must be tall enough to preven t the dog from jumping over or have a se cure top and be able to prevent dogs from digging out. Kennels must have a minimum of 100 square feet for one do g, plus an additional 25 square feet for each adds tional dog in the sam a enclosure. E. CABLE RUNS are authorized as an alternative to fencing or kennel runs. These types of restraints should allow the anim al freedom of motion to move about at will within a protee ted area on the property without becoming tangled in obstacles. The cable nuns shal I be located in the yard area so as to prevent the dog from traversing upon anothe r person's property, public sidewalks or public property, and from charging and harassing persons and pedestrian s utilizing these properties. Cables must be sized according to the manufacturer's specifications for weight of the ant mal. F. TIE -OUTS must be sufficient in length but never les s that eight (8) feet, excluding the length of the collar, and non- rigid, to allow the animal freedom of movement without becoming tangled. Tie -cuts must not be the primary means of restraint and no anim at shall be keep in this manner for in ore than 12 hours it day. San Diego, California This ordinance pertains to dogs who are kept as guard dogs. " SEC. 62.685. GUARD DOGS. (s)GENERAL PROVISIONS. Any "Guard Dog Operator," in addition to any requirements of The Dog Act of 1969 (Health And Safety Code 25970 at seq. ), shall: (7) In addition, ensure that each dog, whether or not on duty, is visited at least o nce every twelve (12) hours and that each dog has adequate food, water and shelter. Any dog which is sick or injured shall be provi dad proper care and attention and, i f on duty, shall be rem oved from the site. Dogs shat I not be kept or maintained on a chain or tether. Dogs shat I not be kept or maintained, for any period of time, in an enclosure area w ith less than tweiv a feet by five feet (12'x 51 floor space or in any enclosure area without adequate v entilation. San Francisco, California January 11, 2005 Dogs may be tethered provided they have a nonchoke collar and pulley system. The tether must be at least 10 feet in length and allow the dog acces s to food, water, and shelte r but free of obstructions. The ordinance at so gives requirements for shelter, water, and adequate exer cise. Sections 41.12 and 41.13 4. Confinement Requirements Though highly discouraged, tethering Is only acceptable if: http://www.unchainyourdog.org/Laws.htn 10 /10 /2011 Unchain Your Dog.org I Improve Dag Chaining or Tethering Laws /Ordinances The tether is attached to a slake in the ground with a pulley like system. The tether is attached to the dog by a non -choke type collar or body harness at least 10 feet in length which would allow the dog access to food, water and shelter, but free of obstructions. San Jose, Caitfomia 'Vicious dogs" may not be tethered as a sole means of confinem 7.00.1120 Requirements f o r m uzzling and Ieashing. When a vicious dog is even temporarily other than indoors or in as ecurely enclosed, escapeproof, locked kennel, pen or other place which complies with Section 7.00.1 110, the owner or person with a right to control the dog shall keep the dog: A. On a leash not to exceed three feet I n length. The leas h must be capable of restraint ng four times the weight of the dog. The leash m ust be attached to an escapeproof c ommercial quality walking harness which fastens securely across the shoulders and midchest encompassing the rib area and upper abdom en of the dog. No neck collar of any type or material will be sufficient to satisfy the above requirem ants. Vicious dogs shall not be leashed or tethered at any time to inanimate objects such as trees, posts, or buildings except when the dog is Inside a secure) y enclosed, escapeproof t oeked kennel or pen. Larimer County Colorado htLp://www.co.larimer.co.us/policies/animal.pdf 2009 Sec. 6 -00. Improper care or treatm ant prohibited: (a) No owner or keeper of a pet animal shall fall to provide that pet anim at with sufficient good and wholesome food and water, proper shelter and protection from the weather, veterinary cars, when necessary, and such other care as is customary and necessary for the pet anim al's health and well- being, consideri ng the species, bread and type of animal. (b) No person shat I beat, cruelly ill- treat, torment, overwork or otherwise abuse or needles sly kill a pet animal or cause, Instigate or permit any dogfight, cockfight, bullfight or other cc mbat between pet animals or between pet animals and humans, nor shall any person transport or confine a pet animal in or upon any vehicle in such a manner as to endanger the and mat's health or tire, (c) No owner or keeper of a pet anim at shall abandon such pet animal. (d) A person m ay not restrain a dog by a fixed point chain or tether for a period of time or under conditions that an animal control officer or animal cruelty investigator deems harmful or potentially harmful to the animal. Examples of improper chaining or tethed ng include, but are not limited to, the following: (1) Using a chain or tether made of rope, twine, cord or similar material. (2) Using a chain or tether that is less than 10 feet in length and /or does not have swivels on both ends. AI) chains or tethers must be attached to the anim at by means of a properly fitting harness or col far of not less than one inch t n width. A person may not wrap a chain or tether around a dog 's neck. (3) Using a c hain or tether that is too heavy or too big for the size and w eight of the anim at so that the ant met is prohibited from moving about freely. (4) Allowing an ant mat to be chained or tethered suc h that the anim al is not confined to the owner's properly or such that the chain or tether can become entangled and prevent the animal from moving about freely, lying down comfortably or having access to adequate food, water and shelto r- (5) Using a chain as a primary collar. All collars used for the purpose of c haining or tether! ng an anim at must be made of nylon, cotton, leather or s imilar material. Alachua County, Florida November2l, 2007 The Alachua County Commission unanimously voted to ban the chaining or tethering of dogs for more than three hours in a 24 -hour period. Dogs on a runnin g or trolley- system of being chained are still allowed because the dogs can move more freely. See news story. Aurora, Illinois This ordinance specifies what the minimum length of the tethedn g device must be and prohibi is devices that can become entangled. Sec. 9 -22. No person or owner shall treat any animal cruelly in any manner, including, but not limited to the following: By tethering any animal to a fixed object unless such chains, ropes or leashes are so pl aced or attached that they cannot becom a entangled with another anim at or object, and s hall be of sufficient length in proportion to the size of the anim at to allow the anim at proper exercise and convenient access to food, water and shelter. Such tethering shall be located so as not to allow such animal to trespass on public property or private property belonging to others, nor in such a manner as to cause harm or danger to persons or other animals. Noblesville, Indiana December28, 2004 This ordinance allows dogs to be tethered as long as tethers are at least 10 feet long, terminate In swivels at both ends, attach to a proper collar or harness, and are connected to a running line at least 10 feet long and less than 7 feet above the ground. Dogs tethered in any other manner may not be tethered more than eight hq:// www.imchainyourdog.org /Laws.htm 10/10/2011 Unchain. Your Dog.org I Improve Dog Chaining or Tethering Laws /Ordinances total hours in an y 24 hour period. Chapter 90.03 Hitchi ng or Tying: No anim al shall be hitched, tied or fastened by any rope, chain or cord that is directly attached to the animal's neck. Animals that must be tied, hitched or feetened to restrain them must wear a property fitted collar or harness made of leather or nylon not of the choker type. This is not to prohibit the proper use of choke collars in the training of animals. A person may not restrain an animal by a Cured point chain or tether les s than 10 feet for m ore than eight hours in a 2 4 hour period unless the chain or tethe r is at least 10 feet I ong, has swivel s at each end and is attached to a pulley or trolley mounted cable at I east 10 feet In length and m ounted no m ore than seven feet above ground I evel. Any outside caged or penned ant mat or dog shall b e kept in a cage or pen no less than 1 0x10x4 feet in size, equaling a 100 square foot roam ing area. Violations shall be considered a Class A Infrac tion. Terre Haute, Indiana November 25, 2001 This ordinance allows tethering, provi ded that tethers not perm it strangulation and be attached to a proper collar or with a swivel t o a harness. Tethers m ust be at least five times the dog's length and all ow access to shelter and freedom of movement. Section 6 -84 h. (7): An animal shall be considered cruell y treated that is hitched, fled, or fastened by any rope, chain, or cord (or st miler devi ce) around its nee k, or any rope, chain or cord attached to a choker collar permitting pose Ible strangulation. An anim al that is secured or tied sho uld wear a properly fitted collar or harness with a swivel to prevent strangulate on. The device securing the an trnal (chain, eta) should be at least five (5) times the length of the dog a s measured from the tip of the nose to the base of the tail, allowing ace ass to shelter and freedom of movement. Bowling Green, Kentucky March 7, 2006 This ordinance prohibits the fixed -point tetherin g of a dog for more than one hour in a ny 24 -hour period. No tether may weigh more than one - eighth of the dog's body weight, be less than 10 feet long, or attar h to anything other than a p roperly fitting collar or harness. Dogs may be tethered to a pul ley or trolley system provided that it is at least 10 feet long and no more than 7 feet above t he ground. 1. Chapter 5 (Anim als) of the Code of Ordinances is hereby amended as follows: 5 -1 ANIMAL CONTROL. 5 -1.01 Definitions. As used in this Chapter: 'Confinement" shall mean: b. Puppies and dogs: 1. It is prohibited to exclusively restrain a dog or puppy by a fixed -point chain or tether. A fixed -point restraint may be used tem porar &y, but not to exceed one (1) hour in a twenty -four (24) hour period. 2. A dog may be exclusively restrained by a chain or tethe r provided that It Is at least ten (10) feet in length and attached to a put ley or trolley mounted on a cable w hich is also at lea at ten (10) feet in ten gth and mounted no more than seven (7) feet above ground lev el. 3. Any tethering system employed shall not allow the dog or puppy to leave the owners property . 4. No chain or tether shall weigh m ore than 1/8 of the dog or puppy 's body weight. 5. Any chain or tether shal l be at least ten (10) feet in leng th and have swivel s on both ends. 6. Any chain or tether m ust be attached to a property fitting collar or harness wom by the animal. Louisville, Kentucky Dogs may be tethered to a cable run, provided that the tether is at least 10 feet long, weighs no more than one - eighth the dog's weight, and has swivels on both ends. The tether must be attached to a properly fitting collar or harness. Restraint (2) For puppies and dogs restraint shall mean on the premises of the owner and confined In a secure enclosure as previously defined, or accompanied by the owner on the owners property and under their direct control. If off the premises of the owner, the anim al must be restrained by a lead or leash and under the control of a respons able person. (b) A dog may be exclusively restrained by a chain or tether provid ed that it is at least ten (10) feet i n length and attached to a pulley or trolley mounted on a cable which Is also at least ten (10) feet in length and mounted no more than seven (7) feet above ground lev el. (c) Any tethering system employed shall not allow the dog or puppy to leave the owners property. (d) No chain or tethe r shall weigh more than 1/8 of the dog or puppy's body weight. http:// www.unchainyourdog.org/Laws.htm 10/10/2011 Unchain Your Dog. org I Improve Dog Chaining or Tethering Laws/Ordinances (e) Any chain or tether shall be at least to n (10) feet in length and hay a swivels on both ends. (f) Any chain or tether m ust be attached to a property fitting collar or harness worn by the anim al. Qulchita, Louisiana Tethered animals must have access to food, water and shelter. Sec. 3 -46, Crimes; misdemeanors. (4) Cruelty to animals. The following acts and omissions constitute cruel treatm ent to animals; therefore, it shall be a misdemeanor for any person, firm or corporation to: d. Tether, confine, or restrai n any animal in such a way as to permit said animal to become entangled in s Lich tether, or render said animal incapable of consuming food and water for more than twenty -four (24) hours; or from obtaining shelter from the elements. Baton Rouge, Louisiana This ordinance specifies where an animal can be tethered and how long the tethering device must be. Sec. 14:203. Minimum requirements for dog and cat pens and yards. (6) Tethers used to restrict the animal to the confines of its owner's property shall be minimum length of five (5) times the length of the animal, as measured from the nostrils to the base of the let 1. Tethers shal I restrict the anim at to its owner's property. The area shall be kept free of obstructions to prevent entanglem ant. No tethered anim al shall be al lowed to endanger the health, sa fety or welfare of others, St. Charles Parish, Louisiana This ordinance specifies a minimum length forthe teth eeng device, prohibits tethers that mayentangle an animal, and prohibits tethering where an animal m ay pose a threat to public safety. Sec. 4 -13. Dogs on tethers. If a dog is confined on a tether, the tat her shall be equipped with swivel ends and be positioned to prevent tangling and/or hang! ng. The tethered dog shal I wear a properly fitted harness or buckle -type collar. A properly Installed and positioned running Ii ne is preferable to a stationary tether. The line must be at leastfive times the length of the dog. The dog cannot be tethered in an area which would pose a threat to public safety and health. Montgomery County, Maryland Amendment to the existing State and C ounty laws against cruelty to animals to include certain practices involving the unattended res traint of a dog. Article II, Chapter 5, Sec. 5 -201 I. Definitions. (C) 'Tether" means attaching a dog to a stationary object or pull ey run by means of a chain, rope, tether, cable, or si milar restraint. "Tether' does not include the use of a leas h to walk a dog. 11. Prohibited Conduct. A person must not tethe r a dog under circum stances that end anger its health, safety, or well being, including: (A) tethering a dog by any means other than a harness; (B) tethering a dog between the hours of midnight and five a.m. unless the Director grants a waiver based on extraordinary circumstances after determining that the proposed tethering will be safe and humane; (C) unattended tethering of a d og during a weather emergency, or a dog - control emergency declared by the Executive, the Director, or the County Health Officer; (D) using a tether that weighs m ore than 1/8 of the dog's bodywetght; (E) using a tether that is less than five times the length of the dog, as measured from the tip of its nose to the base of its tail; (F) tethering that unreasonably limits a dog's movement; (G) tethering un der conditions where the dog or tether c an become entangled on the tether or sum a other object; (H) tethering that restricts a dog's access to suitable and sufficient food, clean water, and appropriate shelter; (1) tethering in unsafe or unsanitary conditions; (J) tethering that does not allow a dog to defecate or urine to in an area separate from the area where it m ust eat, drink, or lie down; or (K) tethering that causes injury, stress, or demonstrable socialization problems. 111. Failure to provid a relief to a dog t n distress when exposed to any of the condition s listed in subs ectton I I is proof that the dog w as improperly, I.e., cruelly, tethered. Kansas City, Missouri Sec. 14 -16. Abuse or neglect of animals. (a) Adequate care requi red; inspections. No owner or keeper of an animal shall fail to provide the ant mail with adequate care, adequate food, adequate water, adequate healthcare and adequate shelter. Such shelter shall be clean, dry, shaded and cam patible with the condition, age and species. An animal must also have the opportunity for adequate daily exercise as determ bred by the supervisor of animal control. This requires that an owner must offer some freedom from continuous chaining, stabling and tat haring. Any restraint placed on an animal must be such that It prevents the animal from being tangled or 1 njured by the restraint. Grooming of animals is also required so that they are free from dangerous in stilling which can affect their health. The area where anim als are kept must also be kept free from unsanitary conditions, vermin - harboring debris, junk or any other dangerous protuberant as which can provide an opportunity for injury or a danger to the anim al's health. Any owner, keeper or harborer of an anim al in this city, by the act of owning, keeping or harboring s uch animal, does thereby authorize the supervisor of animal control to enter the y and where such animal is kept if the supervis or of animal control reasonably believes that the animal is kept in an unlawful, negligent, cruel, abusive or inhumane manner, and to examine such animal and to seize and impound such animal at the municipal anim al shelter when, in the ex aminer's opinion, it is being kept in an hq:// www.unchainyourdog.org/Laws.htm 10/10/2011 Unchain Your Dog.org I Improve Dog Chaining or Tethering Laws /Ordinances unlawful, negligent, cruel, abusive or inhumane manner. If an an[mat control officer cannot view and observe the animal in plain sight, the owner, keeper or harborer, upon request, m ust exhibitfor inspection any and all animals which are not in plain sight but are on or in side the premises. Raytown, Missouri December 8, 1992 Tethered animals must be free from danger of becoming entangled, and must have access to food, water, and shelter. Sec. 4 -17. Cruelty to animals and fowl, (h)No persons s hall tether, con fine or restrain any animal in such a way as to perm it said animal to become frequently entangled in such tether, or to render said animal incapable of consuming food or water provided for it or prevent said animal from moving to adequate shelter. Lincoln, Nebraska August 22, 1988 - Animals may not be tethered unattended in public, on sidewalks, or on streets. 6.04.330 Tethered Animals. It shall be unlawful for any person to tether, chain, or fasten any animal in such a manner as to perm it it to be upon any public sidewalk or street or to leave it unattended w hile tethered, chaff ned, or fastened on pub[ [c property. It shall be unlawful to tether, chal n, or fasten an anim al in such a manner as to cause it injury or pain or not permit it to reach shelter, food, and water. Dennis Township, N ewJersey August 17, 2004 This ordinance requires that tethers be at least 15 feet i ong, be lightweight, rem ain tangle free, and attar h to proper collars or harness es. Tethers m ust allow dogs' free m ovement and acres s to a doghouse. Section 58 -13. Chaining or Tethering of Dogs Dogs must be able to move freely when chains d or tethered. The siz a of the tether or chain m ust be a minimum of 15 linear feet and s hall remain tangle free. Dogs must be equipped with property fitted harness or buckle type collars. The tether or chain sh all be constructed of lightweight cable. A doghouse s hall be accessible to dogs that are chained or tethered. 9emalillo County, New Mexico The tethering device must be in working condition. Restraint of animals shall be accomplished by adequate fencing maintained at all times to contain the animals or by the use of tethers or chains that are tangle -free, well - fitted, and equipped with a swivel device for attachment to the animal's collar or harness. Catawba County, North Carolina (D) Chaining or tethering an ant mal to a stationary object for a period of tim a or under conditions that an animal control officer or animal cruelty investigator deems harmful or potentially harmful to the animal. Examples of improper chaining or tetherl ng include, but are not lim ited to the following: (1) Using a length or weight of a chain or tethe r that is not appropriate for the s ize, weight and age o f the animal. Guidelines for the proper weight and length of cha Ins or tethers can be obtained from the animal shelter or animal control (2) Using a chain or tether made of rope, twine, co rd or similar material. (3) Using a chain or tether that is less than 10 feet In long th and/or does not have swivels on both ends. Ail chains or tethers must be attached to the anim at by means of a properly fitting harness or col lar of not less than one inch in width. (4) Using a chain or tether that ex ceeds ten percent of the animal's body weight. (5) Allowing an ant mal to be chained or tethered sue h that the anim al is not confined to the owner's property or such that the chain or tether can bee ome entangled and prevent the animal from moving about freely, lying down comfortable or having access to adequate food, water and shelter. (6) Using a chain as a primary collar. All collars used for the purpose of c haining or tether! ng an animal must be made of nylon or leather. Greenville, North Carolina This ordinance outlines what kind of tether m ay be used. c. 4 -5. Animal care generally. (c) Any chain, [cash, or sim ilar device for animal restraint shall be d esigned and p[ aced to prevent c hoking or injury to the animal. The restrain[ ng device shall be at least ten fee t in length and placed on a swivel or on a chain run. http:// www.unchainyourdog.org/Laws.htrn 10 /10 /2011 Unchain Your Dog.org I Improve Dog Chaining or Tethering Laws /Ordinances Burry, North Carolina Tie -outs must be 15 feet tong. Restraint. An animal is under restraint within the meaning of this Ordinance if it is; 1) controlled by means of a chain, leash, trolley or other like device; a. No tie out device shall employ a restraint of less than fifteen (15) feet i n length and m ust have swivels on both ends. b. Any chain, tether, or tie out device must be attached to a dog by means of a property fitting harness or a buckle -type nylon /leather collar measuring not less than one (1) inch f n width, c. Collars used to attach a dog to a tie out device shall not be a choke type. Allen, Texas Dogs, fowl, and otheranimats are protected under this taw. Chapter 3 AN IMALS AND FOWL Sec. 3 -17. Tying dogs and other animals. It shall be unlawful for any person to tie or tether a dog or other anim al to a stationary object for a period of time or in a to cation so as to create an unheai thy situation for the anim at or a potentially dangerous situation for a pedestrian as determined by the animal control officer. Lubbock, Texas March 8, 2006 This ordinance prohibits the use of tethers that are less than 10 feet long, that are not equipped with swivel ends, and that do not at low the animal to reach shelter, food, and water. Tethers must not weigh more than one -filth of the animal's body weight and must attach to a property fitted collar or harness rather than to a choke -type collar. Section 4 -7. Tethering D ogs and Other Animals, It shall be unlawful for any person to tie or tether a dog or other anim at to a stationary object for a period of time or in a location so a s to create an unheal thy situation for the anim at or a potentiall y dangerous s ituation for a pedestrian as determined by the City EnforcementAgent. The terms "unhealthy situation' and "potentially dangerous situate on" shall include, but not be limited to the following: (1) To tether any animal in such a manner as to permit the animal access upon any public right -of -way; (2) To tether any animal In such a manner as to cause the animal injury or pain or not to perm K the animal to reach shelter, food and/or water or otherwise create an unsafe or unhealthy situation; (3) To tether any animal in such as manner as to perm it the animal to leave the owner's property ; (4) To tether any animal in an area that is not properly fenced so as to prevent any person or chAd from entering the area occu pied by said animal: (5) To tether any pet animal in a manner whereby the animal is subject to harassment, stings or bites from outdoor insects, or attacks by other animals; (6) To tether any pet anim at with a tethe r that is less than ten (10) feet in I ength; (7) To tether any animal with a tether that I s not equlppe d with swivel ends; (8) To tether any animal in such a manner thatdoes not prevent the animal from becoming entangled with any obstruction, from partially or totally jumping any fence, or from leaving part of its owner's property. (9) To fall to remove waste from the tethered area on a daily basis; (10) To tether any animal without using a property fitted collar or harness; (11) To use choke -type collars to tether any animal; or (12) To use a tether that weighs more than one fifth (115) of the animal's body weight. Richland Hills, Texas Sec. 6 -80. Tethering animals. (a) No unattended anim at shall be tethered by any means on any public property such as city parks or utility easements, or public access private property such as undeveloped lots or unfenced yards, or any other plot or tract where the putt is has unrestricted access. (b) Any tethered animal in a restricted access enclosure shall have continuous access to shade and water, and have unrestricted access to a wind and moisture proof shelter. (c) Any tethered animal shall be arranged so th atthe tethering devi ce cannot become tangled around trees, poles or other obstac les and prevent the access to shade, water and shel ter. Washington, D.C. Cruel chaining of dogs prohibited by the District's Freedom From Cruelty to Anim alss Protection Act. " Chapter 106, Sec. 2 (b) For the purpose of thi s section, "cruelly chains' means attaching an animal to a stationary object or a pulley by means of a chain, rope, tether, leash, cable, or similar restraint under circumstances that m ay endanger its heal th, safety, or well- being. "Cruelly chains" includes, but is not limited to, the use of a chain, rope, tether, leas h, cable, or similar restraint that (1) Exceeds 118 the body weight of the animal; (2) Causes the ant mal to choke; (3) Is too short for the ant mat to move around or for the anim at to urinate or defecate in a separate area from the area where it must eat, drink, or lie down; (4) 1 s situated where it can become entangled; (5) Does not perm It the animal access to food, water, shade, dry ground, or shelter; or (6) Does not perm it the animal to escape harm. (Act 13 -418; June 1. 2001) http:// www.unchainyourdog.org/Laws.htm 10/10/2011 Questions and Answers about Chained Dogs 1. What is meant by dog chaining or dog tethering? Chaining or tethering refers to the practice of tying a dog to a stationary object to the animal confined. Chaining does not refer to animals being walked on a leash. 2. What problems are associated with dog tethering? Chaining is inhumane and unsafe for dogs. Dogs are, by nature, social beings who thrive on interaction with people and other animals. A dog kept chained in one spot for months or years suffers immense psychological damage. A continuously chained dog usually becomes neurotic, anxious, and aggressive. In many cases, the necks of chained dogs become raw and infected from too -tight collars. Dog tethers can also easily become entangled with other objects, choking or strangling the dogs to death. Chaining is an extreme safety hazard for people. Dogs naturally feel protective of their territory. When confronted with a perceived threat, they respond according to their fight -or- flight instinct. A chained dog, unable to take flight, often feels forced to fight_ A study by the Centers for Disease Control found that chained dogs are 2.8 times more likely to bite. The dogs most likely to bite are male, unneutered and chained. Tragically, the victims of chained dog attacks are usually children. Dogs shouldn't be allowed to run loose either. Dogs should be socialized and kept inside the home or in a fenced yard. 3. Are tethered dogs otherwise treated well? Unfortunately, tethered dogs rarely receive sufficient care. They suffer from sporadic feedings, overturned water bowls, inadequate veterinary care, lack of exercise, and extreme temperatures. They have to eat, sleep, urinate, and defecate in a single confined area. Grass is usually beaten into hard - packed dirt by the dog's continual pacing. Chained dogs are rarely given minimal affection and are easily ignored by their owners. 4. Should chaining ever be allowed? To become well- adjusted companion animals, dogs should interact with people daily and receive regular exercise. Placing an animal on a restraint for short periods for exercise or fresh air is acceptable. Animals kept temporarily tethered should be safely secured so the tether can't become entangled with other objects. Collars should be properly fitted. Using a pulley or trolley run is preferable to fixed -point chaining. However, dogs still get choked and tangled on trolleys. The best way to confine dogs is to bring them inside or provide them with a fenced area. 5. Who says chaining is inhumane? The United States Department of Agriculture has stated, "Our experience in enforcing the Animal Welfare Act has led us to conclude that continuous confinement of dogs by a tether is inhumane. A tether significantly restricts a dog's movement. A tether can also become tangled around or hooked on the dog's shelter structure or other objects, further restricting the dog's movement and potentially causing injury." In 1997, the USDA ruled that people and organizations regulated by the Animal Welfare Act cannot keep dogs continuously chained. The American Veterinary Medical Association (AVMA) has also come out publicly against dog tethering. In a press release for Dog Bite Prevention Week, the AVMA stated, "Never tether or chain your dog because this can contribute to aggressive behavior_" 6. Don't chained dogs make good guard dogs? No, the opposite is true. Chained dogs are unable to stop intruders. All they can do is bark. Since most chained dogs are unsocialized, they are unable to distinguish a real threat from a family friend or neighborhood child. The best guard dogs are those who live inside the home and are treated as part of the family, which is how K9 police dogs are raised. 7. Why should we pass a law to ban the continuous chaining of dogs? Local animal control advocates receive hundreds calls every year from citizens concerned about chained and neglected animals. Because chaining is legal, there is little officers can do to help the dog. By the time it becomes a clear -cut case of animal cruelty under current legal standards, it is often too late to save the dog. Prohibiting chaining makes a community safer by reducing the number of dog attacks and dog bites. Also, a chaining law gives officers a tool to crack down on illegal dog fighting, since most fighting dogs are kept chained. 8. Are there laws regulating dog chaining in other states or communities? Yes. Connecticut, California, Nevada, Texas, Virginia, and West Virginia have statewide laws. Over 120 U.S. cities and counties have laws banning or carefully regulating chaining. Visit unchainyourdog.orgllaws to read more. 9. Would passage of a chaining law cost lots of money? No. Animal control officers are already spending time and resources responding to reports of chained, neglected, and abused dogs. A ban would allow animal control officers to fine individuals who are constantly tethering their dogs. This would be a source of additional revenue. 10. Who would be impacted by a law to ban dog tethering? This bill would not apply to situations where a dog is temporarily tied on public property, such as outside a store or restaurant. It would also not apply to situations where dogs are temporarily tethered per government regulation, such as at state parks or camping areas. People who keep their dogs continually chained would be affected by this law. 11. What about people who can't afford a fence? You don't have to have a fence to have a dog! Think about the thousands of apartment - dwellers in large cities who don't even have yards. Their dogs are perfectly happy living inside the home with the family and going on regular walks. There are many resources available to help people train their dogs to be well- behaved members of the family. 12. Where can I learn more? Visit unchainvourdog.org or docisdeserve better. org for articles, statistics, photos, ordinance language, and other information about chaining. 80(R) HB 1411 - Enrolled version - Bill Text Page 1 of 3 H.B. No. 1411 AN ACT relating to the unlawful restraint of doge providing penalties. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Chapter 821, Health and Safety Code, is amended by adding Subchapter D to read as follows: SUBCHAPTER D. UNLAWFUL RESTRAINT OF DOG See. 821.076. DEFINITIONS. Tn this subchapter: (1) "Collar" means any collar constructed of nylon, leather, or similar material, specificallydesigned to be used for a dog. (2) "Owner" means a person who owns or has custody o control of a dog. (3) "Properly fitted" means, with respect to a collar, a collar that measures the circumference (fi a doe's neck plus at least one inch. (4) "Restraint" means a chain, rope, tether, leash cable, or other device that attaches a dogto a stationary object or trolley system. Sec. 821.077. UNLAWFUL RESTRAINT OF DOG. (a) An owner may not leave a dog outside and unattended_byuse of a_ restraint that unreasonably limits the dog's movement (1) between the hours _of_ 10__p . m . and 6_ a. m. (2) within 500 feet of the premises of a school; o (3) in the case of extreme veather conditions, `� including conditions in which: (A) the actual or effective outdoor temperature is below 32 degrees Fahrenheit_; (B) a heat advisory has been issued by a local o state authority or jurisdiction; o (C) a hurricane, tropical storm, or tornado wa.rnina has been issued for the iurisdictbn by the National Weather Service. (b) In this section, a restraint unreasonably limits a dog's movement if the restraint: (1) uses a collar that is p -inch -t e prong- t e or choke -type or that is not properly fitted to the dog; (2) is a length shorter than the greater of: (A) five times the lerx4th of the dog, as measure from the tip of the dog's nose to the baseof the dog's tail; or (B) to feet; (3) is in an unsafe conditirn; or (4) causes injury to the dog. Sec. 821.078. EXCEPTIONS. Section 821.077 does not apply to: (1) a dog restrained to a ruining line, pulley, or trolley system and that is not restrained to the running line, pulley, or trolley system by means of a pitch -type, prong -type, choke -t e or improperly fitted collar (2) a dog restrained in compliance with the requirements of a camping or recreationalarea as defined_ by a federal, state, or local authority or - jur - Miction; (3) a dog restrained for a seasonable period, not t s exceed three hours in 24-hour period, and no longer than is _a necessary for the owner to complete a temurary task that requires the dog to be restrained; http://www.legis.state.tx.us/tlodoes/80R/billtext/html/HBO141 I F.HTM 10/10/2011 80(R) HB 1411 - Enrolled version - Bill Text Page 2 of 3 (4) a dog restrained while the owner is engaged in_, o actively training for, an activity thatis conducted pursuant to a valid license issued by this state if theactivi_ty for which the license is issued is associated with the i$e or presence of a dog; (5) a dog restrained while the owner is engaged in conduct directly related to the businessof shepherding or herding cattle or livestock; or (6) a dog restrained while the owner is engaged in conduct directly related to the businessof_cultivatin� agricultural products, if the restraint isreasonably necessary for the safety of the dog. Sec. 821.079. PENALTY. (a) A person commits an offense if the 2erson knowingly violates this subchapter (b) A peace officer or animal control officer who has probable cause to believe that an owneris violating this subchapter shall provide the owner with awritten statement of that fact. The statement must be signed by the officer and plainly state the date on which and the time at which tle statement is provided t the owner. „(c) A person commits an offense _if_ the person is provided a statement described by Subsection (b)and fails to comply with this subchapter within 24 hours of the time theowner is provided the statement. An offense under this subsection is a Class C misdemeanor. (d) A person commits an offense if the person violates this subchapter and previously has beenconvicted of an offense under this subchapter. An offense under this subsection is a Class B misdemeanor. (e) If a person fails to comply with this subchapter with respect to more than one doer, the person's conduct with respect to each dog constitutes a separate offense (f) „If conduct constituting an offense under this section also constitutes an offense under any other law, the actor may be prosecuted under this section, the other 1w, or both. Sec. 821.080. DISPOSITION OF PENALTY. Notwithstanding any other law, the clerk of a court that collects a under this subchapter shall remit the penalty collected for deposit in the general fund of the county. Sec. 821.081. HAND -HELD LEASHES. '111is subchapter does not p rohibit a person from walking a doS witha hand -held leash. SEC'T'ION 2. (a) The change in law Wade by this Act applies only to an offense committed on or after 9ptember 1, 2007. (b) An offense committed before S (ptember 1, 2007, is covered by the law in effect when the offase was committed, and the former law is continued in effect for thatpurpose. For purposes of this section, an offense was committedbefore September 1, 2007, if any element of the offense was committed ]afore that date. SECTION 3. This Act takes effect September 1, 2007. President of the Senate Speaker of the House S certify that H.B. No. 1411 was passed by the House on May 3, 2007, by the following vote: Yeas 139, N§Ys 0, 2 present, not voting. Chief Clerk of the House http: / /www.legis. state. tx. us/ tlodocs /80R/billtext/hbul/HBO1411 F.HTM 10/10/2011 80(R) HB 1411 - Enrolled version - Bill Text Page 3 of 3 I certify that H.B. No. 1411 was passed by the Senate on May 23, 2007, by the following vote: Yeas 31,Nays 0. APPROVED: Date Governor Secretary of the Senate http: / /www.legis. state. tx. us/ tlodoes /80RIbilltext/html /HB01411 F.HTM 10 /1 0/2011 "Just How Enforceable Is Our 'Tethering Law Going To Be, Anyway?" In 2006, Ainbuja Rosen, an animal welfare advocate in Ashland, Oregon, collected statistics from 12 communities that limit the tethering of animals: ELECTRA, A EXAS Population: 3,000 Enforcement staff. 1 part-time A.CO Law in effect: At least 15 years I spoke with: Mickie Mann, ACO. She's worked there 5 years. (940) 495 -2131 Law: Ban on tethering dogs Complaints: When she first started working there, she got maybe 20 a month. She estimates she now gets 10 calls a month. Space complaints: She's had about 2 complaints a year about the minimal space requirement for dogs. Compliance: Probably 80 percent comply with just one warning. She estimates that of the remaining, 20 percent comply after a second warning. She cites people who don't comply, and they've all complied. Her advice: "If you publicize it in advance, I don't think you'll have a problem enforcing this." MAUMELLE, ARKANSAS Population: 12,000 Enforcement staff' 2 full -time ACOs Law in effect: 10 years I spoke with: James Crockett, (501)851 -6219 Law: Ban on tethering dogs Complaints: Estimated 2 to 4 a month Compliance: Law enforcement usually leaves people a copy of the ordinance. In the seven years he's been there, they've never issued a citation. Nothing has gone to court. 100% of people have complied. Population: 16,000 Enforcement Staff: I full -time ACO Laws passed: 1997, 2000 I spoke with: Elaine Modlin, ACO, (910)291 -1706 Tethering law: In 1997, they allowed up to 8 hours a day of unattended tethering for dogs. This was too hard to enforce because when people denied it, the ACO had to stake it out the 8 hours. Maybe 10 to 20% needed staking out. In July 2000, the law switched to 1 hour maximum, and is a lot easier to enforce. Now, if the people have gone to work all day, you know the animal's been chained more than 1 hour. Complaints: When the 1 hour law passed, probably 7 or 8 a month. Now an estimated 1 or 2 a month. Compliance: She leaves a warning, such a doorhanger, with a copy of the law, at the house. Generally she checks again within 2 weeps. About 10% comply from the warning. When they don't comply, she either extends the grace period, cites them, or impounds (if the animal is in danger or a danger to others). About 50 percent of the people who don't comply with the first warning, do comply if she extends the grace period another month. Probably another 10 percent more comply upon being cited. About 30 to 40 percent won't comply. So she must impound. Her advice: "If the police see a violation, they should address that. Some neighbors will never tell the police. So the police must act in these cases to make a difference for these animals." BIG SPRING, TEXAS Population: 25,000 Enforcement staff. 3 full -time ACOs Law passed: 7/24/04 I spoke with: Marie Wilson, (432)264 -2372 Law: Ban on tethering Complaints: less than 50 complaints since the law passed. She may get 1 a week. Space complaints: She says, "I can almost guarantee that we don't ever get complaints about the space." Compliance rate: Except for people using pit bulls for illegal purposes, such as drug trafficking, "pretty much everyone complies." DODGE CITY, KANSAS Population: 30,000 Enforcement staff: 12 ACO's 11 full -time, I part -time Law passed: June, 2005 I spoke with: Glenna Walker, animal shelter director, (620) 225 -8180 Law: 3 hours maximum a day for dogs. No more than I hour at a time, with at least three hours break between each hour of chaining. Complaints: In the first few months, ranged from 10 to 20 a month. In 2006,averaged 10 a month. Space law: "We might get one or maybe two a month." Compliance rate: "I'd say 95% have complied with the tethering and space requirements." Advice to you: "This law has eliminated many other complaints, such as vicious dogs or dogs without water. The reason for this is that many of the tethered dogs were those abused dogs. This law has worked out fantastically. It was easier than I thought it would be when I [irritated] it." SCOTLAND COUNTY, NORTH CAROLINA Population: 36,000 Enforcement staff: I ACO Law in effect: About a year I spoke with: Larry Herring, ACO, (910)277 -2470 x 432 Tethering law: I hour maximum for dogs Complaints: From 911105 to 6130/06, tethering calls averaged an estimated 25 a month. Compliance: He warns people. There's a 30 -day grace period. He visits again after 30 days. Of 422 cases, 385 complied within 30 days. About 10% went to court. All were found guilty. His advice: "The initial visit can take from 10 to 30 minutes. The next visit takes 5 to 10 minutes. So each complaint takes roughly an hour of staff time, including visits and court time." "It's just about impossible to enforce an eight -hour tethering limit. Even if you took time - lapse photography for eight hours, the person could say, 'I took my dog off for a few minutes. You didn't see it. "' Larry has enforced his county's one -hour limit for a year now. Only two cases have gone to court, and each time Larry won by presenting photos of the animal. "I go by with a camera and take a photo that has the time and date imprinted on it," he says. He goes back randomly at different times during the week. "It shows a pattern of the dog being on the chain." "Don't go with an eight -hour Iimit," he advises the city of Ashland. "There's no way to enforce that." BA'T'TLE CREEK, MICHIGAN Population: 55,000 Enforcement Staff. 2 full -time ACOs Law passed: About 2 years ago I spoke with: Sergeant Edwina Keyser, ACO, (269)966 -3322 x1007 Tethering law: 3 hours maximum a day for dogs. No more than 1 hour at a time, with at least three hours break between each hour of chaining. Compliance: At least since March when she started working there, no cases have gone to court. Most people comply once they find out about the law. Her advice: She suggests you issue a warning first. Then if no compliance, issue a citation. if still no compliance, it goes to the city attorney, who may issue a warrant for arrest. LAW TON, ON, OKLAHOMA Population: 100,000 Enforcement staff. 4 full -time ACOs Law in effect: At least 13 years I spoke with: Rose Wilson, superintendent of animal welfare division Tethering law: ban for dogs Complaints: Estimated average is 3 to 5 a day. Compliance rate: 100% of the people comply. Her Advice: Rose's employee, the only person who takes complaint calls, said, "We get a lot more loose -dog calls than we get tethered -dog calls." He also said that Lawton's tethering complaints may be especially high because of Lawton's culture. He said there's a low degree of responsibility toward companion animals, lower than most areas he's been in. TOPEKA, KANSAS Population: 122,000 Enforcement Staff: 6 ACOs and I manager I spoke with: Linda Halford, animal control supervisor, (785)368 -9484 Tethering law: 3 hours maximum a day for dogs. No more than I hour at a time, with at least three hours break between each hour of chaining. Complaints: Might average at least one a day. Compliance rate: Most people comply without a citation. Only a small fraction must have their animals impounded. Comments: In the beginning, the complaints were the most numerous. All the people who said, "It's about time," were now able to report the animals they'd wanted to report before. "Our ordinance has been in effect for almost two years. It continues to work just fine. If people don't comply, they pay the price." Linda says almost all the calls they get are for round -the -clock tethering. The way most people comply is by building a fence or kennel. No one's wasted the police's time with invalid complaints. "We don't have one documented case where someone complained and the tie -out turned out to be legal," she says. B CTRNABY, BRITISH COLUMBIA Population: 230,000 Enforcement staff: 3 full -time ACOs I spoke with: Mark Takhar, SPCA director, (604)841 -6079 Law passed: March 2006 Tethering law: I hour maximum of unattended tethering for dogs Complaints: Since the law went into effect in March, has received 29 complaints. Compliance: They usually give a warning the first time. He gives them 24 hours to comply. Everyone has complied after the first warning and after being educated as to the reasons for the law. Letter from Mark Takhar, BCSPCA Burnaby Branch Manager, to Ashland Mayor and Councilors: September 01, 2006 In the City of Burnaby, a by -law was introduced in March 2006 that placed restrictions on the tethering of dogs. The by -law prohibits keeping a dog tethered while unattended for more than one hour in any day. This includes the owner's residence and on property used for any purpose other than residential use. The by -law to prohibit the tethering of dogs for extended periods was introduced to increase the welfare of dogs in the City of Burnaby. There has been documented evidence on the effects of long term tethering on dogs. The psychological distress that is caused on these dogs has resulted in maladaptive behaviours. We expected many challenges to happen when enforcing this by -law. We expected the public to look for alternatives when their current option is not available. One concern that we had was with dogs being placed in pens instead of being tethered. If the animal is kept in a pen instead of being tethered and still not being properly socialized, then we have not addressed the animal welfare concerns of the animal. As a result the same issues of tethered dogs arises. Fortunately the public has shown compliance with the new by -law. We have been educating the public on the harm of tethering instead of writing them tickets. Using education has been a tactic that has worked well. Most members of the public do not understand the effects of tethering and are open to other suggestions on housing animals. We do have within our powers to seize and animal that has been tethered for longer than an hour. Fortunately we have not had to go to this extreme as of yet. The issue of backyard dogs is very extensive and is something that needs to be addressed in our communities. Introducing an anti - tethering by -Iaw is a step in the right direction in addressing these issues. There are many welfare concerns regarding the dogs in our communities, especially the poor socialization of backyard dogs, however, the anti - tethering by -law addresses some of these concerns. PIMA COUNTY, ARIZONA Population: 800,000 Enforcement staff: 24 full -time ACOs Law in effect 15 years I spoke with: Jose Chavez, field supervisor, (520)743 -7550 Tethering law: Ban for all animals except horses. Temporary tethering allowed for horses. Complaints: Estimated 20 a week. 99% of the complaints are about dogs. Compliance: He estimates that 90% comply. If the animal is in distress - -for example entangled, or in the sun in the middle of summer with no water --and the owner's not home, they impound the animal if he's on a tie -out. They cite the owner when he picks up the animal. If the owner is there when the animal is discovered, he's issued a citation. WICHITA, KANSAS Population: 400,000 Enforcement staff 11 fall -time ACOs Law passed; 2002 316 -838 -9623 Tethering Law: 3 hours maximum a day for dogs. No more than 1 hour at a time, with at least three hours break between each hour of chaining. Complaints: Average 60 a month. Compliance: They post a warning on the door with a copy of the ordinance. They go back in an hour. They cite if the dog is still on the tether. In about 85 to 90% of cases, the people comply before being cited. 10 to 15% get cited. If they repeatedly violate the law, they can be jailed and if no one is available to care for the animal, the animal would be impounded. Advice: "Be tenacious. Keep checking on the animals. I would definitely require a collar or harness because when people attach the tether directly to the dog's neck, it can cause injuries. Dogs pull on the tether, and the tethers slice their necks. I have so many animals with their little necks cut open." From www.hel in animals.com - Dennis Graves, Animal Control Supervisor in Wichita, Kansas: "Wichita, Kansas, in its effort to address aggression, cruel treatment, and neglect issues, passed tethering restrictions... Wichita's ordinance... has been a very useful tool in our efforts to improve the lives of the dogs in our city... This is a welcome and enforceable tool for the animal control section I oversee... This ordinance has made it possible for our officers to educate pet owners about the importance of interacting with their pets, proper activity, and exercise. It has also give us the ability and 'the teeth' to prosecute those individuals that refuse to comply... "I highly recommend that other jurisdictions consider passing similar ordinances if they have issues with animal neglect, continuous chaining, and illegal dog fighting. Our ordinance has served us well." Unchain Your Dog.org I Cities With Laws that Ban Chaining /Tethering of Dogs Page 1 of 2 nchaiil y , Exit Interviews With Animal Control Staff RE: Chaining Bans Interviews Conducted by Dianne Lawrence with Proper Care and Attention of Los Angeles QUESTIONS SUBMITTED TO ANIMAL REGULATION IN CITIES WHERE TETHERING IS ENFORCED: 1. How is the law enforced. (Do they check up on complaints & issue warnings.) How do they follow up? 2. Do they consider the law useful and successful in dealing with the issue. Why? 3. What noticeable benefits have happened since the law was passed? 4. What problems have they run into since the law was passed? CONTACT: Dennis Downing POSITION: Supervisor TOWN /STATE: Tucson, AZ ORGANIZATION: Pima Animal Control Center PHONE #: 520.743.7550 1. Once a complaint has been made they go check it out. If the owner is home they are cited a ticket (min $50 max$250) They then must appear in court. They are told they are breaking the law and they must unleash their dog. If the owner is not home they will seize the dog. 2. Yes, very useful and successful. People of the town work together to stop tethering. 3. Fewer dogs are tethered. 4. Owners will turn the dog over instead of complying. CONTACT: Sheila Jones POSITION: Supervisor TOWN /STATE: Maumellle, Arkansas ORGANIZATION: Maumelle Animal Services PHONE #: 501.851.6219 1. They first leave a notice to correct. They have 10 days. When they come back and the dog is still tethered they give them a 48 hour warning notice. Then if they still haven't complied they will receive a citation; first offense $50- max $250 2. Yes, It protects the dog from choking themselves and breaking off the chain and running loose. They could get hurt that way or possibly hurt others. 3. Stops people from having dogs tied up in the yard as a deterant to robbers. 4. No problems. Law has been in effect since 1991 so they do not have problems with dogs that have been tethered for a long time. CONTACT: Daisy Brown POSITION: Administrator Support Supervisor TOWN /STATE: Wilmington, NC ORGANIZATION: New Hanover Animal Control PHONE #: 910.341.4197 1. They first give a 60 day warning to comply. Then after 60 days if they haven't they receive a $250 fine. No other follow up is done, there must be another complaint filed. Then they issue another ticket. The only time they take the http:// www. unchainyourdog .org /news/Lawrencelnterview.htrn 10 /10 /2011 Unchain Your Dog.org I Cities With Laws that Ban Chaining /Tethering of Dogs Page 2 of 2 dog is if the dog is in danger (tangled up in the chain) 2. Yes, people comply with the law. 3. Before the law they would get calls all the time about dogs being hung up on their chains. They would have to go and release the dog. 4. No problems except some do not comply and they keep issuing tickets. She said that dogs that are caged or tethered without contact and love often become problems. The law helps prevent this. CONTACT: Angela ©urgasingh POSITION: Licensing administrator TOWN /STATE: Louisville, Kentucky ORGANIZATION: Animal control PHONE #: 502.361.1318 1. When they see the dog and the owner is not at home they take the dog and leave a notice. If the owner is home they tell them their dog can not be tied up and tell them they will be back in a week. If the situation is not fixed they take the dog and issue a citation in which they will have to go to court. 2 and 3. Yes, less dogs are being tied up. Once they talk to the owners and the owners see the picture the animal control has taken of their pet tied up looking sad and helpless. The owners are like "wow I never thought of it that way" and comply. Most owners grew up with their parents tying up their pet. 4. No problems. In fact in Nov of 2000 they changed their law from not being able to have your dog tied up for more than 8 hours to no more than an hour. CONTACT: Rose Wilson POSITION: Superintendant TOWN /STATE: Lawton, OK ORGANIZATION: Animal welfare division of Lawton PHONE #: 580.581.3219 1. If a complaint has come in via neighbor, police, or animal welfare, a citation will be issued. The pet owner must appear in court. The judge decides the fine $65 -$500. There is no follow up, a list persay, but they do patrol. 2. Yes, people are more responsible for their pets. 3. The law has been in effect since 1991. Lawton is a transient community because of the military base. So enforcing the law is on going. They do have companies that will come and put up an enclosed area for their pet and then when they move they come take it down.They have seen a decrease in animal heatstroke deaths and dogs dying from strangling themselves. 4. People being upset over the law. They are used to chaining up their dogs. She said it has been proven dogs that are aggressive and bite are dogs that have been chained up most of their lives. (American Humane Society in Inglewood, CO) [top] http:// www. unchainyourdog .org /news/Lawrencelnterview.htin 10/10/2011 Okaloosa County, Florida Animal Control Director: Dee Thompson Population: 177,000 Animal Control !Field Officers: 7 Sec. 5 -28. Restraint and confinement to property. (d) Dogs or cats shall not be chained, tied, fastened or otherwise tethered to dog houses, trees, fences or other stationary objects as a means of confinement to property. Is the law enforced? Ms. Thompson states that the ordinance is definitely enforced. Chained dogs are found by the field service officers and by calls into the dispatch. Do residents comply with the law? She states that most people comply with the ordinance. They do, occasionally, have non - compliant residents, but most residents make the necessary adjustments and get the dogs off the chain. It is rare for a resident to relinquish their dog versus making the necessary changes. The field officers first educate the residents and find out why the dog is chained. They pass out brochures to help housetrain the dog. They also hand out spay neuter brochures, as well as spay neuter vouchers. Not all of the dogs come inside the house, but Okaloosa County Animal Control is also the local Humane Society and they work with the residents to help out with free doghouses and trolleys. How long do residents have to comply and what are the fines? The amount of time each resident is given to comply with the law varies depending on the circumstances. The field officers will first issue a citation that chaining is illegal and then, depending on the circumstances, go back and visit the home to see if the resident has complied. However, if the situation is very bad, the turn around time is only 24 hours to comply. If the resident has made accommodations, either built a pen, put up a fence or trolley or now has the dog inside, the violation is voided. If they have not, the first offense fine is $20.00 and second offense is $30.00. Ms. Thompson also stated that usually violators also have not vaccinated the animal or purchased a dog license, so those fines are also cited at that time. Is the law accepted? Ms. Thompson states that the ordinance is accepted and was easy to pass. In this case, the ban on chaining /tethering was added as sort of an addendum to an existing ordinance. She stated that educating the judges and state attorneys is important, as well. Do you feel the law has been a good thing? Yes. ORL9579962.1 Lawton, Oklahoma Animal Control Director: Rose Wilson Population: 85,000 (not counting military base — with base 900,000) Animal Control Field Officers: 4 A. No person shall, at any time, fasten, chair}, or tie any dog or cause such dog to be fastened, chained or tied while such dog is on the dog owner's property or on the property of the dog owner's landlord. B. Any dogs confined within a fenced yard must have an adequate space for exercise based on a dimension of at least one hundred square feet. Provided, further that where dogs are kept or housed on property without a fenced yard, the owner of such dogs or persons having custody of such dogs shall provide an enclosure for such dogs meeting the one hundred square feet dimension. Such enclosure shall be constructed of chain link or similar type materials with all four sides enclosed. The enclosure shall be of sufficient height to prevent the dog from escaping from such enclosure. The top of such enclosure shall be covered with materials to provide the dog with shade and protection from the elements. (Ord. 90 -18, 6126101) Is the law enforced? Ms. Wilson states that the ordinance is "absolutely" enforced. She states residents must take responsibility for the animal and there are "no excuses." Field officers on their routes, as well as some calls into dispatch, find and/or report chained dogs. Do residents comply with the law? The community is very transient due to the military base so many residents found in noncompliance are not even aware of the ordinance due to their frequent moving with the military. Ms. Wilson stated, however, they do not have any jurisdiction over residents living on the base. They do not have any problems enforcing the ordinance and most residents comply. Most of the residents that do not comply are military and she feels that this is because they are not permanent residents of Lawton. How long do residents have to comply and what are the fines? When the field officers find a chained dog, they issue a citation. The resident has 24 hours to comply. if they choose to fence in their yard or build a pen, they have two weeks to have it completed. The ordinance states that pens must be 10x10 feet of space per dog. Trolleys are not allowed. The fines range from $80.00 to $500.00 and 60 days in jail. ORL#579962.1 Is the law accepted? Ms, Wilson says that the ordinance is accepted and they do not have a problem. Lawton Animal Control does pass out flyers on chaining and educate the residents. Ms. Thompson also suggested educating the Judges and state attorneys. Do you feel the law has been a good thing? She stated yes. While some dogs are relinquished, if they can be rehabilitated and are friendly, they are placed up for adoption. Ms. Wilson says dogs that are not adopted and ultimately euthanized, are better off because they were out of control and dangerous to the community. Lawton has seen a decrease in the number of dogs dying from heat strokes and from strangulation on chains. Ms. Wilson states that chained dogs are bad for the community because they are much more likely to bark and also more likely to bite. The chaining causes them frustration and stress ORL#579962.1 Electra Texas Animal Control Officer /Director: Mickie Mann Population: 3,000 Animal Control Officers: 1 Ordinance 96 -9, Section 111 Restraint: A. 2. Dogs To Be Restrained --dogs shall not be allowed to run at large. All dogs must be restrained by some physical means; however, a dog shall not be considered at large when held or controlled by some person by means of a rope, leash, or chain. Dogs may not be tethered and the tethering of any dog shall be a violation of this chapter. Is the law enforced? Ms. Mann states the ordinance is enforced and everyone in the city knows that it is illegal to chain dogs. Ms. Mann finds chained dogs through calls from citizens, the Electra Police Department and, herself, on routine calls. Do residents comply with the law? Yes residents comply with the law. Very few dogs are relinquished to animal control. She feels if the resident does not want to comply, they give the dog to someone else. How long do residents have to comply and what are the fines? When a chained dog is discovered, the resident is given a ticket. They have 10 days to comply, such as building a pen, putting up a fence or bringing the dog inside, if they do not comply, they are given a court date and the Judge will assign a fine to be paid. Is the law accepted? Ms. Mann states the ordinance has been in effect for over 15 years and it is very accepted and known today. She does provide information for residents on the effects of chaining and why it is bad. She answers a lot of questions this way and feels the Internet is a great resource. Do you feel the law has been a good thing? Ms. Mann states she feels the ordinance has been very good for the dogs in Electra. She says chained dogs end up being forgotten about and neglected. ORL #579962.1 Maumell, Arkansas Animal Control Supervisors Shelia Jones Population: 12,000 Animal Control Field Officers. 2 Confinement of Animals: From and after the passage of this Ordinance any person owning animals whether vaccinated or unvaccinated, licensed or unlicensed, shall confine such animal within an adequate fence or enclosure, or within a house, garage or other building in conformance with Maumelle Bill of Assurance or its successor. Animals shall not be tied or chained to doghouses, or other stationary objects, but must be in an approved enclosure. Sterilized cats are exempt from confinement. The ordinance also mandates that dog enclosures must provide at least one hundred and fifty square feet of space for dogs over six months of age. Is the law enforced? Ms. Jones confirmed that the ordinance is enforced. Do residents comply with the law? She states residents do comply with the law. She said most of the residents who have their dogs chained do not know about the ordinance, because they are new to the community. How long do residents have to comply and what are the fines? When chained dogs are found, a notice to correct is left. Residents have 10 days to comply. After those 10 days, they are then given a 48 -hour warning notice. If they still do not comply, they receive the citation. The fines range from $50.00 to $250.00. Ms. Jones stated, however, that they do work with residents to make accommodations. The circumstances can determine the time allowed, sometimes it is 10 days, but other times it is 80 days. Is the law accepted? The ordinance was first enacted in the early 1990s. The residents of Maumell have accepted the ordinance and they don't have a problem with it. They don't pass out any educational literature, but they do talk to residents and explain the effects of chaining. Do you feel the law has been a good thing? Ms. Jones states the ordinance has had a positive effect on dogs in the community. It protects dogs from choking themselves and from running loose because they have broken off the chain. ORL #579962.1 New Hanover County and GI!y of Wilmin ton North Carolina Animal Control Director: Daisy Brown Population: 180,000 Animal Control Field Officers: 0 Sec. 3.4 (d) Restraint: An animal is under restraint within the meaning of this chapter if it is controlled by means of a leash, or is sufficiently near the owner or handier to be under his direct control and is obedient to that person's command; or is on or within a vehicle being driven or parked; or is within a secure enclosure. Exceptions to restraint are as follows: Organized and lawful animal functions e.g. hunting, obedience training, field and water training, law enforcement training and/or in the pursuit of working or competing in those legal endeavors. When a dog is on the property of its owner of guardian it shall be secured when not supervised by a competent person. Ropes, chains, and the like shall not constitute adequate security under this ordinance. Is the law enforced? Ms. Brown states the ordinance is enforced, The ordinance, which bans dogs being "tied out ", was put into effect in July 2002. Do residents comply with the law? Prior to July 2002, they would just talk to residents and educate them about the effects of chaining and why it was bad for the dogs and the community. When the talking didn't seem to work, they made it a civil penalty in July 2002. It now works. How long do residents have to comply and what are the fines? When a chained dog is found, the resident is issued a citation. They have 7 days to pay the fine, which is $250.00. They can also appeal the citation. Appeals must be in writing and submitted within 20 days. If they correct the situation and the dog is no longer chained, then the citation and fine are dismissed. Is the law accepted? The community has accepted the ordinance and in general everyone feels it is a good law. Residents become concerned about chained dogs choking or getting caught up in the chain. Everyone in Wilmington and New Hanover County is aware of the ordinance and educate their friends and family about the law. ORl 4579962.4 Do you feel the lave has been a good thing? Ms. Brown said the ordinance has been "absolutely good" for the dogs in the community. Dogs that are chained without human contact and love become problems for the community. ORLff579962.1 Cartlnage, Miss ®uri Animal Control Abatement Officer: Connie Artym Population: 92, 000 Animal Control Field Officers: ? Sec 4 -7 (a) All dogs must be confined within a fenced area, unless on a leash not longer than six feet long. At no time may any dog be tied to or leashed to inanimate objects i.e. trees, posts, etc. (b) Persons found guilty of violating this section will be liable to fines ranging from: $25.00 - $200.00. However, if said dog has been spayed or neutered the fines may be reduced, upon provided proof. Is the law enforced? Ms. Artym states the ordinance is enforced. Chained dogs are reported through calls to dispatch or she sees them personally, along with police officers. Do residents comply with the law? She states that most residents comply with the law. Ms. Artym said that some residents do not like the ordinance, but it has been good for the community. How long do residents have to comply and what are the fines? Residents are first given a warning to comply and/or contact her. She will answer questions, offer suggestions and options to the residents to get the dog off the chain. They are given a few days to contact her or comply with the law. She said sometimes the circumstances can dictate how long they have to comply, such as if they need a week or so to build a pen or fence. There is no set fine. They are given a court summons and a Judge determines the fine. Is the law accepted? Again, she said that some residents do not like the ordinance, but it has been good for the community. She said they receive less and less calls about chained dogs now. According to Ms. Artym, some people will give up their dog instead of making difference accomodations for the dog. Do you feel the law has been a good thing? Since the ordinance was enacted, which was around 9993, there are less dogs at large in the community and less dog Kites reported. She said chained dogs are much more aggressive. ORL #579962. L New Orleans Louisiana Louisiana SPCA Chief Humane Officer. Kathryn Destreza City Population: 485,000 + surrounding parish Animal Control Field Officers: 6 Sec. 18 -2.1. Minimum standards of care for animals (including fowl). (b) Tethering. No animal shall be tethered as a primary means of stationary confinement; stationary confinement by tethering shall be considered cruel treatment. (Ord. No. 20,760, § 2, 6- 20 -02) Is the law enforced? Yes. They respond mostly from phone calls. They have received an increase in the number of phone calls reporting chained dogs; however, they have had a decrease in the number of nuisance calls. She said it has "worked out." Ms. Destreza states most of the chained dogs are pit bulls and they've had a problem with pit bull fighting in the area. She feels the ordinance has helped them additionally with this problem. Do residents comply with the law? Most of the residents comply with the law. As in other instances, it depends on how they consider their dog. Some residents have some problems due to money and financial situations. They try to "help them help themselves" as much as possible. They provide copies of the ordinance, plus education and obedience classes. They often find other problems when citing residents for a chaining violation, such as no vaccination and no license. How long do residents have to comply and what are the fines? It depends on the situation. Most residents have five days to comply. In some instances, where situation is severe, they are given 24 hours to comply. Fines also vary, but for cases of neglect or cruelty, the fines are $100.00 to $500.00 plus the charges for the time spent in animal control. Is the law accepted? Most of the residents were very much in favor of the ordinance. Ms. Destreza states they "love it." In some instances, there have been animals given up due to the resident not being able to comply with the ordinance because of financial constraints. Do you feel the law has been a good thing? Ms. Destreza believes the ordinance has been a good in that it has helped with the pit bull fighting rings and with incidents of aggression. They felt the chaining led to aggression and a low quality of life for the dogs. ORL#579962.1 _- A - M=1112 - A Report on Ten Communities This data was collected in the fall of 2007 by Ambuja Rosen of Ashland, Oregon. "Tethering complaints" means complaints that mainly involved violations of the tethering limit. In most cases, the sources were estimating, rather than reporting exact statistics. Please feel free to call the sources at the phone numbers below to verify information. I've listed the communities in order of population, from the smallest to the largest: CARTHAGE, MISSOURI - Population: 15,000 or 16,000 Sources: (1) Christine Vandegevel, who was an animal control officer at the time that the law passed, She is now a police officer in Carthage. (417)237 -7200 (2) David Butler, who is currently an animal control officer. (497)358 -6402 Tethering law: Ban on dog tethering. (A person has to hold the leash.) DOGS AT LARGE: After the law passed in 1993, the number stayed about the same, according to Ms. Vandegevel. DOG BITES: They decreased - -by 25 percent, Ms. Vandegevel estimated. She said this is because: (1) Dogs who are tied are usually more neglected and get more aggressive. After the ban passed, fewer dogs were tied; and (2) Children were no longer walking by tied -up dogs and getting bitten. Comments: "A few people were letting the dogs loose," Mr. Butler said. LAURINBURG, FORTH CAROLINA - Population 16,000 Source: Elaine Modlin, Animal Control Officer, (910)291 -1706 Tethering law: In 1997, Laurinburg allowed up to eight hours a day of unattended tethering for dogs. This was too hard to enforce, so in July 2000, it reduced the eight -hour maximum to one hour. DOGS AT LARGE: Ms. Modl €n said that no dogs ran at large due to the tethering ordinance, except for a couple of isolated cases. Once those people found out that it was a violation for dogs to run loose, they restrained the animals, complying with the law. She said that after the tethering limit passed, fewer dogs were found running loose. Dogs couldn't get out of their pens or fences as easily as they had broken loose from their chains. DOG BITES: They decreased dramatically- -from 12 the year before the law passed, to 3 the year after it passed. Two years after it passed, the number dropped to one bite a year. BIG SPRING, TEXAS - Population 25,000 Source: Marie Wilson, records technician. She keeps all police and animal control records. (432)264- 2372 Tethering law: Ban for dogs. DOGS AT LARGE: The law went into effect on October 1, 2004. The next year, the number of dogs at large increased- -from 912 in 2004 to 938 in 2005. In 2006, it dropped down lower than before the law passed - -to 876. DOG BITES: Big Spring records animal bites, the vast majority of which are dog bites. Animal bites increased after the law passed: From 38 in 2004, to 56 in 2005, to 58 in 2006. DODGE CITY, KANSAS - Population 30,000 Source: Glenna Walker, animal shelter director, (620)225 -8180. Before becoming shelter director, she was a Dodge City police officer for ten years. Tethering law: 3 hours maximum a day for dogs. No more than 1 hour at a time, with at least a three - hour break between each hour of chaining. DOGS AT LARGE: The shelter keeps records of the number of animals running loose (the vast majority of whom are dogs). Since the tethering limit passed, this number has steadily decreased. In June 2004, before the law passed, there were 173. The law passed in June 2005. That month, the number was 172. In July 2005, 159. August 2005, 144. June 2006, 112. DOG BITES: Dodge City keeps records of dogs who bite people or attack another domestic animal. After the law passed, this number decreased. Before the law passed, it had been 60 in 2002, 56 in 2003, and 62 in 2004. The tethering limit passed in June 2005, and that year the number decreased to 43. The next year, 2006, it was 37. Dodge City banned Pit Bulls during this time, which may have contributed to the decrease in bites. But Ms. Walker still thinks the reduction in dog bites and attacks is largely because of the tethering limit. SCOTLAND COUNTY, NORTH CAROLINA - Population 36,000 Source: Larry Herring, Animal Control Officer, (910)277 -2470, ext. 4432 Tethering law: one -hour maximum for dogs DOGS AT LARGE: Decreased. Mr. Herring said, "I think we had a lot fewer dogs running loose - -at least a 50 to 70 percent decrease." He said this based on statistics from the Department of Transportation. "The number of dogs hit by automobiles has gone down," he added. DOG BITES: Decreased. In Fiscal Year 2002!2003, there were 33. In Fiscal Year 200312004, 50. In Fiscal Year 200412005, 48. The law went into effect in January 2006, and in Fiscal Year 2005/2006 the number of dog bites was 33, In Fiscal Year 200612007, it was 28. CITY Olr BATTLE CREEK 1 BEDFORD TOWNSHIP, MICHIGAN Population: 55,000 Source: Sergeant Edwina Keyser, Animal Control Officer, (269)966 -3322, ext. 1007 Tethering law: 3 hours maximum a day for dogs. No more than 1 hour at a time, with at least three hours break between each hour of chaining. DOGS AT LARGE: Stayed the same. DOG BITES: Stayed about the same. Comments: "We get one tethering complaint a month, if that," [Ambuja's comment: Battle CreeldBedford does not allow anonymous complaints, so it probably gets fewer complaints than the Ashland police would.] LAWTON, OKLAHOMA -Population 100,000 Source: Rose Wilson, Superintendent of Animal Welfare Division, (580)581 -3219 or (580)581 -3443 Tethering law: Ban for dogs DOGS AT LARGE: Stayed the same. DOG BITES: Decreased. The law passed in 1990 or 1991. Ms. Wilson can only provide statistics back to 2004. In 2004, there were 252 bites; in 2005, 204; and in 2006, 194, Ms. Wilson said the steady decrease in dog bites is partly because of the tethering limit. She explained, "It is a proven fact that the act of chaining a dog for long periods of time causes the dog to become hyper, agitated, destructive and aggressive. Also, eliminating chaining, tying, tethering, promotes pet owners to have some interaction with the pet other than just bringing a bowl of food or water to it. ... I believe that improving the quality of life for an animal in any form, reduces the negative." Comments: "Most tethered animals are not visible from the street." TOPEKA, KANSAS - Population 122,000 Source: Linda Halford, animal control supervisor, (785)368 -9484 Tethering law: 3 hours maximum a day for dogs. No more than 1 hour at a time, with at least three hours break between each hour of chaining. DOGS AT LARGE: Stayed the same after the law passed. DOG BITES: Stayed the same. The number of bites occurring because dogs were tethered did go down. BURNABY, BRITISH COLUMBIA - Population 230,000 Source: Mark Takhar, Society for the Prevention of Cruelty to Animals (SPCA) director, (604)841 -6079 Tethering law: 1 hour maximum of unattended tethering for dogs DOGS AT LARGE: Stayed the same after the law passed. DOG BITES: Stayed the same. Comments: 'There have been 44 tethering complaints since the law went into effect [in March 2006]." WICHITA, KANSAS Population 400,000 Source: Gretchen (won't give her last name). She's taken animal complaint calls in Wichita for the past ten years. Before that, she was an animal control officer in the field for 11 years. (316)268 -8378 Tethering law: 3 hours maximum a day for dogs. No more than 1 hour at a time, with at least three hours break between each hour of chaining. DOGS AT LARGE: Stayed the same after the law passed in 2002. DOG BITES: Stayed about the same. Comments: "The majority of chained animals aren't visible from the street." "The problem is rampant. That's why we passed [the law]." Summary and Conclusion DOGS RUNNING LOOSE Three communities had fewer reports of dogs running loose after the law passed. Six communities said their numbers stayed the same. Only one community out of ten had more reports of dogs running loose after the law passed. So it appears highly unlikely that Ashland's ordinance will cause more dogs to run loose. DOGS BITING Five communities said that after the tethering limit passed, dog bites went down. Four communities said the number stayed the same. Only one community had more reports of dog bites after the law passed. So it appears highly unlikely that Ashland's ordinance will cause more dogs to bite. This report was compiled by Ambuja Rosen, a resident of Ashland, Oregon. Based t Com munities Decreased 30% `r y Y�rr Stayed the Decreased 50% ncreased 10% Same 40% D OGS AT LAR Base on 0 Co mmunities si'.r 50% 40% 30% � 0% i 0% Increased Decreased Sta DOG BITES Based on 1 Communities 50% 30% 20% 0% Increased Decreased Stayed the Same For All Reasons Not Just Tethering 1 community � 4 communities stayed the same increased Specifically for Tethering Limit 1 community 4 communities averaged 4.7 dogslyear decreased prorated for Ashland °s population) [See next charts � 2 dropped down to normal ! 2 did not drop within a few weeks or months down to normal DOGS GIVEN UP AS A RESULT OF TETHERING LIMIT Bate Creek/ Bedibrd Twnshp. Topeka Lawton Burnaby 55,000 : 0 in 3 Years 10.0 Dogs 122,000 ;<55 in 2.5 Years 1<22.0 Dogs 100,000 :0 in 16 Years 230,000 5 in 1.5 Years Dogs ,3.3 Dogs EM ,,3.8 Dogs 0.0 Dogs !0.3 Dogs *Ashland's Population is approximately 21,000 For All Reasons Not Just Tethering 5 Communities 4 Communities Increased Increased 2 of 4 Communities Returned to Normal a Few Weeks or Months after the Law Passed 1 Community: Burnaby 0 Dogs - to Tethering Law Council Agenda Item October 24, 2011 COMMITTEE REPORTS (a) Receive Report of Fiscal Affairs Committee — Councilmember Engelken **************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** CITY COUNCIL DRAINAGE REPORT October 24, 2011 Contract Design and Constriction • Design of Sheet Flow Relief Stricture Improvements to Creekmont, Fairmont Park West, Brookulen and Fairmont Park East. Pre - constriction meeting held June 22, 2011. Constriction contracts executed July 12, 2011. Contractor complete with work at Fern Rock and Brandridge. Contractor scheduled to complete work on Lazy Brook week of October 17th. Work on Heather Springs began on October 12 Work to begin on Roseberry week of October 24 CP Electric to relocate power pole at Valley Brook by the end of the month. • North and South 16 Streets. Design in progress; plans at 90 %. In -House Design and Constriction of City- Initiated Projects. • South La Porte Bay Outfalls Oakhurst — Contractor is substantially complete. • F -216 Regional Detention Project. Contractor approximately 60% complete. • Coordination with Harris County Flood Control District Consultant's agreements have been executed and work begun on Battleground Estates and Shady River. • Battleview Area Survey complete, design 90 %. • East Main. Bid opening scheduled for November 1st • Browning Street. Public Works expects to have work completed by Dec. 2011. • Adams Street. Addressing pipeline conflict. In -House Drainage Maintenance Activities. • North Shady Lane Working with HOA to secure easement for drainage swale. • Sunrise and Broadway. Plans are complete. Project will be constricted by Public Works and is scheduled to start later this month as we assess the cost benefit ratio. • In -Fill Drainage Maintenance. Public Works working on re- grading ditches in Spenwick. Council Agenda Item October 24, 2011 11. ADMINISTRATIVE REPORTS (a) November 7, 2011 — La Porte Development Corporation Board Mtg — 5:00 p.m. (b) November 14, 2011 — City Council Meeting — 6:00 p.m. 12. COUNCIL COMMENTS regarding matters appearing on the agenda; recognition of community members, city employees, and upcoming events; inquiry of staff regarding specific factual information or existing policies — Councilmembers Martin, Moser, Kaminski, Zemanek, Leonard, Engelken, Mosteit, Clausen and Mayor Rigby. 13. EXECUTIVE SESSION The City Council reserves the right to meet in closed session on any agenda item should the need arise and if applicable pursuant to authorization by Title 5, Chapter 551, of the Texas Government Code, including, but not limited to, the following: Texas Government Code, Section 551.072(1) — Consultation with Attorney regarding pending or contemplated litigation /settlement offer: Update regarding annexation of an approximately 29 -acre tract of land in the Battleground Industrial District. Texas Government Code, Section 551.072(1) — Consultation with Attorney regarding pending or contemplated litigation: regarding issues on property located at 603 N. Broadway, La Porte, Texas. Texas Government Code, Section 551.074 — For the purpose of deliberating the appointment, employment, evaluation, reassignment and /or duties of a public officer or employee: Appointment /hiring of interim city manager. 14. RECONVENE into regular session and consider action, if any, on items discussed in executive session. 15. ADJOURN **************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * **