Ordinance Review - May 14th 2013

ORDINANCE REVIEW COMMITTEE
MEETING MINUTES
Mayfield
Village
May 14, 2013    

The Ordinance Review Committee met in regular session on Tues, May 14, 2013 at 5:00 p.m. at the Mayfield Village Civic Center Conference Room. Chairman Bill Marquardt presided.

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ROLL CALL

Present:

Mr. Bill Marquardt (Chairman), Mr. Jerry Catalano, Mrs. Mary Ann Wervey, Mr. John Marrelli

Also Present:

Ms. Diane Calta (Law Department), Mr. Tom Cappello (Village Engineer/arrived 5:05 pm), Ms. Deborah Garbo (Secretary)

Absent:

Dr. Stephan Parker (Council Alternate)

CONSIDERATION OF MEETING MINUTES: April 9, 2013              

Mr. Catalano, seconded by Mr. Marrelli made a motion to approve the minutes of April 9, 2013.

ROLL CALL

Ayes:    All                              
Nays:   None                           

Motion Carried. Minutes Approved As Written.

PROPOSALS:

  1. Riparian Setback Ordinance
    (Eng. Dept.)
    Draft Ordinance
    Chapter 1127
    Planning Commission Vote 6/3
  2. Golf Carts on Trails & Sidewalks
    (Law Dept)

 

OPEN PORTION:

Chairman Marquardt called the meeting to order beginning with golf carts.

GOLF CARTS

Ms. Calta stated everyone should have received my letter dated Jan 28, 2011 which dealt with golf carts on the streets. It essentially says they have to be handled just like a vehicle.

Specifically with the question of golf carts on sidewalks and trails, there are provisions in the Village Code prohibiting both; Section 331.37 & 331.41. So if anybody is seeing any violations, you need to call the Police Department.

Tom Cappello arrives @ 5:05 p.m.

Chairman Marquardt asked if any discussion.

Mr. Catalano states in order to get a State License to drive golf carts on the street, you have to have proof of insurance. It’s safety for not only the operator, but for the residents too.

Mr. Marrelli said it’s a Police matter. If they see somebody driving a golf cart down the street without a license, they’re supposed to stop them.

Chairman Marquardt suggested forwarding the minutes to the Police Department.

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Riparian Setback Ordinance
Chapter 1127

Mr. Marrelli said the appeal procedure from the boiler plate was an appeal to the Planning Commission if there was an appeal because of a hardship. We changed that to the Zoning Board which is our Appeals Board to keep it consistent with any other appeals. Diane made some changes as noted:

  • Added a Section in 1127.05.
  • Sections 1127.10 & 1127.11 changed The Planning Commission to The Board of Zoning Appeals for “Procedures for Variances & Appeals”.

 

DECISION:

Mr. Marrelli, seconded by Mr. Catalano made a motion to adopt Riparian Setback Ordinance Legislation.  

Chairman Marquardt asked if any discussion.

There was none.

ROLL CALL

Ayes:    Mr. Marquardt, Mr. Catalano, Mrs. Wervey, Mr. Marrelli       

Nays:   None                                       

Motion Carried.
Planning & Zoning Commission Vote 6/3.
Recommendation to Council.


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ANY OTHER MATTERS

  • State Code change - Definition Vicious Dogs

 

Mrs. Wervey understands the State is going to change their definition of ‘Vicious Dogs’. If the State changes their definition, will it affect our codes definition?

Ms. Calta said our General Offense Code Section is 505.11. Our Codifier updates the code once a year. When they do that, they take everything we’ve passed and they put it in. Then they take the General Offense Code, Traffic Code, all those Codes, review them, update them to make sure they’re in compliance with general law. I’ll take a look into this. That’s typically the time they update our code so it doesn’t conflict with anything that’s in the State Code.  

Mrs. Wervey said the State’s going to remove pit bulls as a vicious dog. Can we keep our Ordinance the same even though the State is changing theirs?

Ms. Calta will take a look at what the State is changing. It may not be in there yet. You’re proposing to make sure pit bulls stay in there?

Mrs. Wervey replied yes.

Mr. Marrelli asked what prompted the change.

Ms. Calta replied a big lobby. Walking down the street in Cleveland Hts, every single dog seems to have some sort of pit bull in them.

Mrs. Wervey said they’re a big liability.

Ms. Calta said we’ve had recent questions about dogs, same time as the inquiry on the pigs and chickens. Yes, you can have a domestic pig and chickens.

Mrs. Wervey asked, so this really isn’t ours to review, it’s a Police matter in the General Offense Code?

Mr. Marrelli said usually if there’s a change in the law, the Police Dept will pick up on it and make the change. We can bring it to their attention. Our animal control is not in-house. When we have a call for an animal, we call dispatch and they call the Animal Warden who comes in from Oakwood.

Ms. Calta would say we can make our code stricter. I’ll let the Committee know what I find.

Mr. Marrelli said our code doesn’t talk about how many dogs you can have.

Mrs. Wervey thinks we should re-visit that. Fact of the matter is, if the dog bites it’s a nuisance no matter what the grade. If you report it, they’ll have to get rid of the dog. That’s how I read our code.

Ms. Calta prosecuted a recent dog biting case in Chagrin Falls. Judge said “the dog’s going down”. They looked at me and I said “I didn’t ask for that”. They don’t hesitate, it’s zero tolerance. In that case, it wasn’t under the definition of vicious, but it had bitten two or three times.

NEXT STEP

Ms. Calta will check into State Law change on Vicious Dogs.

ADJOURNMENT

Mr. Marrelli, seconded by Mrs. Wervey made a motion for adjournment. 

 

ROLL CALL

Ayes:   All                                                        
Nays:   None                             

Motion Carried. Meeting adjourned at 5:25 p.m. 

Respectfully Submitted,

Deborah Garbo
Executive Assistant
Building Department