Gardendale raises lodging, rental taxes, repeals dog ordinance
Published 12:32 pm Wednesday, March 6, 2019
- NJN
On Monday night, the Gardendale City Council took a final vote to raise the lodging tax to 9 percent.
The council also raised the rental/lease tax amount to 4 percent for the leasing of tangible personal property, 1 percent for the leasing of automobiles and 4 percent for the rental of linens or garments.
The council also took a final vote on repealing the decade-old dog ordinance in the city that banned pit bulls (also known as breed-specific legislation). The ordinance has been held as unenforceable after it was deemed unconstitutional in a case in another city. The city will now just rely on a state law, passed in 2018.
The state law, referred to as “Emily’s Law,” holds owners responsible for the actions of their dogs and allows officials a clear plan to deal with dogs that injure or kill or dogs that have demonstrated aggression towards people. The law does not call for specific breeds to be banned or deemed “dangerous.”
Under the law, a private citizen can file a sworn complaint that the dog is dangerous and have that complain investigated by law enforcement. If the dog is deemed “dangerous” it can be impounded and its fate can be determined by the court.
If the dog is deemed dangerous, but has not injured or killed anyone, the owner may face restrictions to continue to own the animal, including having the dog microchipped, spayed or neutered or even that the owner pay a $100 annual fee, post a $100,000 surety bond and keep the dog in a secure enclosure, depending on the situation.
If the dog that was deemed dangerous then injures or kills someone, the owner can be charged with a Class B felony.
Owners of dogs that were not deemed dangerous prior to an attack could face a Class C felony charge or a misdemeanor charge depending on their knowledge of the dog’s dangers.
Mindy Gilbert, the state director for The Humane Society of the United States, praised the move as a way to better serve and protect the community.
She said that focusing on breed rather than behavior limits the scope of the service to the community.
This measure, she says, will allow law enforcement to better protect the community by taking reports from individuals instead of relying on bite reports from health departments, it allows a path to prevent bites from all breeds of dogs and protects owners from biased reports that relied on breed rather than the behavior of the animal.
In addition to penalties for owners of dangerous dogs, she said anyone filing a false report against a dog could be charged.
In other business, the council also:
•accepted the streets in Fieldstown Crossing Phase 3 for public maintenance.
•had a first reading to rezone a portion of 814 Bauers Lane and 740 Bauers Lane to R-4 multi-family. The second reading and vote will be held at the meeting on April 15.
•had a first reading of an ordinance granting a non-exclusive franchise for the provision of certain telecommunications and communications services. The second reading and vote will be held at the meeting on March 18.
•had a first reading of an ordinance that would replace an outdated flood ordinance. The second reading and vote will be held at the meeting on March 18.
•had a first reading of an ordinance to surplus excess property at Kerr Drive and Fieldstown Road which is not needed by the city. The second reading and vote will be held at the meeting on March 18.
•approved the renewal of the Simplex Grinnell contract for fire system testing and inspection.
•approved a resolution to install two fire hydrants in Turnberry Highlands.
•approved a resolution to provide $23,350 for the mayor to use to enter into an agreement with Market and Feasibility Advisors LLC for economic development activities.
•approved a resolution to enter into a fitness contract with D1 Sports.
•approved a resolution to surplus various items no longer needed by the city.