[CC 1988 §5-6; Ord. No. 2907 §1, 6-20-1988; Ord. No. 3892 §1, 7-5-2011; Ord. No. 3934 §1, 5-21-2012]
As used in this Article, the following terms shall mean the
following:
Every living vertebrate except a human being.
Any pet shop, grooming shop, animal auction, performing animal
exhibition, kennel or animal shelter, except this term shall not include
veterinary medical facilities, licensed research facilities operated
by government agencies, or licensed animal dealers regulated by the
USDA under the provision of Title 7 United States Code, Chapter 54,
as amended.
An animal nuisance is created when an animal:
Runs uncontrolled;
Molests or disturbs vehicles by chasing, barking or biting;
Attacks other animals;
Damages property other than that of the owner or harborer;
Barks, whines, howls, brays, cries or makes other noise excessively
so as to cause unreasonable annoyance, disturbance or discomfort to
an individual who is a neighbor (a "neighbor" for
this purpose is hereby defined as individual residing in a residence
structure which is within five hundred sixty (560) feet of the property
on which the animal is kept or harbored) and who does in writing state
he will so testify if called upon to testify about such matter under
oath.
Creates noxious or offensive odors;
Defecates upon any public place or upon premises not owned or
controlled by the owner or harborer unless promptly removed by the
animal owner or harborer;
Creates an insect breeding and/or attraction site due to an
accumulation of excreta;
Is in heat and not properly confined;
Obstructs or interferes with vehicular or pedestrian traffic;
Threatens or causes a condition which endangers public health;
or
Impedes refuse collection by ripping any bag or tipping any
container of such.
Facility designated or recognized by the City for the purpose
of impounding and caring of animals.
A dog or cat shall be deemed to be at large when off the
property of the owner and not under restraint.
Any contact between an animal's mouth and teeth and the skin
of a bite victim which causes visible trauma, such as a puncture wound,
laceration, abrasion, bruise or other piercing of the skin.
Duly authorized person employed by the City who is charged
with the duties of enforcing this Title and who is educated in the
care, seizure, custody and confinement of animals.
The same is on a leash not more than eight (8) feet in length;
is under voice control in the presence of a competent person; is within
a vehicle being driven or parked; or is within the property limits
of the owner or harborer or upon the premises of another person with
the consent of that person.
Includes any wild mammal, reptile or fowl which is not naturally
tame or gentle but is of a wild nature or disposition and which because
of its size, vicious nature or other characteristics would constitutes
danger to human life or property if it's not kept or maintained in
a safe manner or in secure quarters.
Any member of the animal species Canis familiaris.
The humane destruction of an animal accomplished by a method
which is approved by the American Veterinarian Medical Association.
Refers to potentially dangerous carnivores including, but not limited to: lion, tiger, leopard, cheetah, ocelot, mountain lion, bobcat, bear, wolf and coyote. The term here shall also include boa constrictor, python or any other potentially dangerous or poisonous reptile or any other exotic animal declared dangerous by authorized Health Department or Code Enforcement Officials. The provisions of this Section shall not apply to a properly maintained circus or event where a special permit is required under Chapter 615. Amusements and Entertainment.
Any person who provides food and shelter or otherwise accepts
any responsibility for the care or control of a domesticated animal
for three (3) or more days.
Care of an animal to include, but not be limited to, adequate
heat, ventilation and sanitary shelter, wholesome food and water,
consistent with the normal requirements and feeding habits of the
animal's size, species and breed.
An establishment kept for the purpose of breeding, selling
or boarding dogs and cats or engaging in the training of dogs or cats.
The agency or department of the City or any designated representative
thereof charged with administering the issuance and/or revocation
of permits and licenses under the provisions of this Article.
Any animal considered by health or Code Enforcement Officials
to be a farm or ranch animal including, but limited to: horse, mule,
cow, hog, sheep, goat or potbellied pig.
Alteration of a male animal.
A dog or cat shall be considered a nuisance if it damages,
soils, defiles or defecates on private property other than the owner's
or on public walks and recreation areas unless such waste is immediately
removed and properly disposed of by the owner; causes unsanitary or
offensive conditions; causes a disturbance by excessive barking or
other noisemaking; or chases vehicles, or molests, attacks or interferes
with persons or other domestic animals on public property.
A person having the right of property or custody of a dog
or cat or who keeps or harbors a dog or cat or knowingly permits a
dog or cat to remain on or about any premises occupied by that person.
An individual, corporation, partnership, organization or
institution commonly recognized by law as a unit.
An establishment engaged in the business of buying or selling,
at retail, dogs or cats or other animals for profit-making purposes.
Applies to chickens, turkey, geese, guinea and ducks.
A dog or cat shall be considered under restraint if it is
within the real property limits of its owners or secured by a leash
or lead or under the control of a responsible person.
Alteration of a female animal.
A dog or cat that constitutes a physical threat to humans
or other domestic animals.
[Ord. No. 3892 §1, 7-5-2011]
A.
There
is hereby established a department of Code Enforcement Officer, who
shall have a primary responsibility for the enforcement of this Chapter.
The Code Enforcement Officer shall be appointed by the City Manager.
1.
No such appointee shall use City's tranquilizer dart gun if he/she
has not been properly trained in the use of such weapon.
2.
The Code Enforcement Officer may, at his/her discretion, request
assistance from the Building Inspector or any uniformed City Police
Officer to destroy any animal reasonably believed to be dangerous,
but only after all other attempts to capture or subdue said animal
have failed. Above procedure may be used only after the Code Enforcement
Officer has obtained permission from the City Manager, or, if he/she
is unavailable, the Public Safety Officer.
B.
The
City shall provide for and maintain in reasonable, clean and healthful
fashion, suitable animal kennel for impoundment and isolation of animals
in accordance with the provisions of this Article. Said kennel shall
be at all times kept sanitary and clean and shall be designed and
kept in such a manner as will provide for the most humane treatment
of all animals deposited thereto, with special provisions for segregation
and isolation of diseased animals, or those animals suspected of being
rabid.
C.
Any
person who interferes, hinders or obstructs in any fashion, any duly
authorized Code Enforcement Officer or any person authorized under
this Section to enforce any or all performance of his duty shall,
upon conviction, be deemed guilty of a violation of a City ordinance,
and shall upon conviction be fined not less than five dollars ($5.00)
nor more than five hundred dollars ($500.00) and incarcerated in the
City Jail for a term not be exceed thirty (30) days, or fined as above
stated only or incarcerated as above stated only or any combination
thereof.
[CC 1988 §5-7; Ord. No. 3062 §1, 1-22-1992; Ord. No. 3190 §1, 10-24-1994; Ord. No. 3407 §1, 5-15-2000; Ord. No. 3614 §1, 1-20-2005; Ord. No. 3892 §1, 7-5-2011]
A.
Except as provided in Section 210.030, no person shall own, keep or harbor a dog or cat over four (4) months of age within the City unless such dog or cat is vaccinated and licensed. The provisions of this Section do not apply to animals owned by a licensed research facilities or held in a veterinary medical facility or government operated or licensed animal shelter.
B.
All
dogs and cats shall be vaccinated against rabies in accordance with
the latest professional standards of animal rabies vaccines and recommendations
for immunizations.
C.
Application
for a license must be made within thirty (30) days after obtaining
a dog or cat over four (4) months of age, or within thirty (30) days
after a dog or cat reaches four (4) months of age, except that this
requirement will not apply to a non-resident keeping a dog or cat
within the City for no longer than sixty (60) days.
D.
Written
application for a dog or cat license shall be made to the City and
shall include the name and address of the owners and the name, breed,
color, age and sex of the dog or cat. Applicants also shall pay the
prescribed licensing fee and provide proof of current rabies vaccination
by presenting a certificate or receipt of vaccination from a licensed
veterinarian.
E.
The
licensing period shall be each calendar year. License must be obtained
by the owners by January first (1st) of each year or within thirty
(30) days after obtaining a dog or cat over four (4) months of age
or within thirty (30) days after a dog or cat reaches four (4) months
of age. License renewal may be applied for within sixty (60) days
prior to the expiration date. New residents must apply for a license
within (30) days of establishing residence. Each license shall expire
on December thirty-first (31st) of the year for which it is issued.
F.
A license
for each dog or cat shall be issued with payment as outlined below:
1.
Spayed/neutered pet fee: $7.00.
2.
Non-spayed/neutered pet fee: $10.00.
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Persons who fail to obtain a license as required within the
time period specified in this Section will be subject to a delinquent
fee of one dollar ($1.00). These fees shall apply to all licenses
issued under this Section and there shall be no proration of the fee
for licenses issued after January first (1st) of the licensing year.
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G.
License
fees may be waived for dogs serving the blind or deaf or government-owned
dog used in law enforcement. All other licensing provisions shall
apply to such dogs.
H.
Upon
acceptance of the license application and fee, the City shall issue
a durable license tag including an identifying number, year of issuance,
City, County and State. Both rabies and license tags must be attached
to the collar of the dog or cat. Tags must be worn at all times and
are not transferable. The City shall maintain a record of all licenses
issued, and such records shall be available to the animal control
authority.
I.
Any
licenses which are issued and outstanding on January 22, 1992, shall
be effective until December thirty-first (31st) of the year following
the date that such license was due to expire.
[CC 1988 §5-8; Ord. No. 2907 §1, 6-20-1988; Ord. No. 3892 §1, 7-5-2011]
A.
No
person shall operate an animal establishment without first obtaining
a permit in compliance with this Section.
B.
The
permit period shall begin with first (1st) day of July each year and
shall run through the thirtieth (30th) day of June the following year.
Renewal application for permits may be made within sixty (60) days
prior to the expiration date. Application for a permit to establish
a new animal establishment under the provisions of this Article may
be made at any time.
C.
Annual
permits shall be issued upon the payment of a fee of fifty dollars
($50.00) annually.
D.
No
kennel will be authorized to house more than six (6) dogs or cats.
[CC 1988 §5-9; Ord. No. 2907 §1, 6-20-1988; Ord. No. 3892 §1, 7-5-2011]
A.
The
City may revoke the permit or license if the person holding permit
or license refuses or fails to comply with the Article or any other
law or ordinance governing the protection and keeping of animals or
fails to provide an animal with humane care.
B.
If
an applicant is shown to have withheld or falsified any material information
on the application, the City may refuse to issue or may revoke a permit
or license.
C.
It
shall be a condition of issuance of any permit for an animal establishment
that the animal control authority shall be permitted to inspect any
and all animals and the premises where such animals are kept at any
reasonable time. A person who is denied a license or permit shall
be entitle to a refund of the application fee, but a person whose
license or permit is revoked shall not be entitled to a refund of
the application fee. A person denied a license or permit or having
a license or permit revoked shall not reapply for a period of at least
thirty (30) days and each reapplication shall disclose any previous
denial or revocation.
[CC 1988 §5-10; Ord. No. 2907 §1, 6-20-1988; Ord. No. 3892 §1, 7-5-2011]
A.
All
animals shall be kept under restraint by their owner.
B.
It
shall be unlawful for any person to keep or allow to be kept on or
about such person's premises any rabid or vicious dog or to allow
or permit the same to go at large in the City to the danger, annoyance
or alarm of any persons. A dog shall be considered vicious if its
owner is so informed in writing by the Code Enforcement Officer.
C.
It
shall be unlawful for the owner of any animal to allow such animal
to cause a nuisance.
D.
It
shall be unlawful for any person to dump, abandon or otherwise dispose
of the body or carcass of a dead animal within the City, except as
authorized by law or applicable regulation.
E.
It
is unlawful for any person to interfere with, hinder or obstruct any
person in the enforcement of this Article.
[CC 1988 §5-11; Ord. No. 2907 §1, 6-20-1988; Ord. No. 3597 §1, 10-18-2004; Ord. No. 3854 §§1 — 2, 3-15-2010; Ord. No. 3892 §1, 7-5-2011; Ord.
No. 4046, 9-21-2015]
A.
Any animal found running at large shall be impounded by a duly authorized
Code Enforcement Officer or Police Officer. On the date of impoundment,
notice shall be given by phone or by mail to the owner of the animal,
if known, said owner having, from time of notification or three (3)
days after mailing such notice, one (1) week in which to present himself
to the animal kennel of the City to redeem his animal. The fee for
redemption shall be ten dollars ($10.00) per each day that the animal
is impounded prior to redemption.
B.
If the owner of an impounded animal is not known, nor can be found
as a result of obtaining his name by registration number, the animal
will be held for one (1) week.
C.
Any animal impounded in accordance with Subsection (A) or (B) above for the full term of impoundment may then be adopted in accordance with Subsection (F) of this Section. If the animal has not been adopted after a period of time, efforts will be made to place such animal with a rescue organization. If such placement is not available, the animal may be euthanized by competent authority secured by the City.
D.
Any animal which bites a person or which exhibits objective signs
of symptoms suggestive of rabies, or which has been or is suspected
of being bitten by any other animal suspected of having rabies shall
be impounded, and isolated for a period of not less than ten (10)
days in the animal kennel of the City, or at the owner's expense,
if infected before any release of said animal will be granted.
E.
For the redemption or release of any animal, except for those being
adopted, the fee shall be ten dollars ($10.00) per day for each said
animal impounded.
F.
The fee for the adoption of any animal through the City Kennel shall
be fifty dollars ($50.00) plus the actual cost incurred of spaying/neutering/vaccinating
said animal, if necessary.
The adoption process is as follows:
Once a pet to be adopted is identified, the adopter will complete
the necessary paperwork with the Animal Control Officer. A non-refundable
fee of fifty dollars ($50.00) will be collected at that time. The
adopter will then be given the potential cost of spaying/neutering/vaccinating
said animal. The Animal Control Officer will then make arrangements
to have the animal spayed/neutered/vaccinated as in necessary. Once
the animal has recovered from any necessary procedures, and upon payment
of the actual costs, the animal will be released to the adopter. The
fifty dollars ($50.00) previously paid will then serve as the adoption
fee.
G.
Upon application to the animal control authority and execution of
a waiver of liability, any person may voluntarily surrender his/her
animal to such authority for a fee of fifty dollars ($50.00). The
animal will then be ready for adoption and treated in accordance with
this Section.
[Ord. No. 3892 §1, 7-5-2011]
A.
All
vicious animals and all animals found running at large in the City
and not bearing a proper license tag for the current year and any
animal running at large not on a leash on any of the streets, highways,
sidewalks or other public places in the City or on any premises while
not in the actual possession and control of its owner shall be captured
and impounded by the Code Enforcement Officer and, if necessary to
the catching of the animal, may be killed. The Mayor is authorized
to enter into an agreement with the County of Jefferson, from time
to time, and with approval of the Council, wherein the City may, at
its expense, deliver any animal impounded within the City to the County
animal pound in accordance with the animal control ordinance of the
County and the rules and regulations issued thereunder. When the City
Code Enforcement Officer picks up any animal and transports the animal
to the animal control authority, the owner shall pay a fee of thirty-five
dollars ($35.00) per day per animal to the City before the animal
is released to the owner. A fee of twenty dollars ($20.00) per day
per animal will be paid by the owner if the animal is picked up but
not taken to the animal control authority before the animal is released
to the owner.
B.
In
the event the City's efforts to capture an animal that poses a significant
threat to public safety have failed and, as a last resort, chemical
capture of the animal is required, the City may request a chemical
capture certified County Animal Control Officer to perform the chemical
capture of the animal. A fee of forty dollars ($40.00) will be paid
to the City by the owner for the chemical capture of the animal.
C.
In
the event that the animal control authority finds animals to be suffering,
such officer shall have the right forthwith to remove such animals
to a safe place for care at the owner's expense or to euthanize them
when necessary to prevent further suffering at the owner's expense.
Return to the owner may be withheld until the owner shall have made
full payment for all expenses so incurred.
[CC 1988 §5-12; Ord. No. 2907 §1, 6-20-1988; Ord. No. 3614 §2, 1-20-2005; Ord. No. 3892 §1, 7-5-2011]
The owner of any impounded animal upon proper identification
and the payment of a board fee in accordance with the terms of the
animal control ordinance of Jefferson County, Missouri, and any applicable
fees of the City of De Soto shall, at such time as is permitted by
the County animal control ordinance and the rules and regulations
issued thereunder, be given possession of the animal so impounded,
upon the further conditions that such person shall within one (1)
week have such animal vaccinated against rabies and procure the proper
license tag for such animal as provided in this Article. Provided
however, that there shall be no right to redeem a vicious animal.
[CC 1988 §5-13; Ord. No. 2907 §1, 6-20-1988; Ord. No. 3892 §1, 7-5-2011; Ord. No. 3975 §1, 4-15-2013]
A.
Impounded
animals, where the owner is not known, shall be kept for a minimum
of one (1) week to give owners a chance to call and locate their pet.
B.
Impounded
animals where the owner is known by way of identification tag or "chip",
shall be kept for a minimum of one (1) week after the owner has been
notified of the animal's impoundment.
C.
Owners
who have willingly surrendered their animals to the City of De Soto
shall not have a minimum required time of impoundment.
D.
Cats
which are wearing no collar or containing no "chip" or are suspected
to be feral shall have no minimum required time of impoundment.
E.
Ill
or injured animals are subject to humane euthanasia at the Animal
Control Officer's discretion whether the owner is known or not and
with no required minimal holding time.
[CC 1988 §5-14; Ord. No. 2907 §1, 6-20-1988; Ord. No. 3892 §1, 7-5-2011]
Any person violating this Article shall, upon conviction, be punished as provided by Section 100.090.
[R.O. 1952 §4.1; CC 1988 §5-1; Ord. No. 3892 §1, 7-5-2011]
It shall be unlawful for the owner or keeper of any animal to
permit or allow the same to run at large in the City.
[Ord. No. 3892 §1, 7-5-2011; Ord.
No. 4006 §1, 2-17-2014]
A.
A person
is guilty of animal abuse if a person:
1.
Intentionally or purposely kills an animal in any manner not allowed
by or expressly exempted from the provisions of Sections 578.005 to
578.023 and 273.030, RSMo.;
2.
Purposely or intentionally causes injury or suffering to an animal;
or
3.
Having ownership or custody of an animal knowingly fails to provide
adequate care which results in substantial harm to the animal.
[1]
Note — Under certain circumstances this offense can
be a felony under state law.
[Ord. No. 4007 §1, 2-17-2014]
A.
A person
is guilty of animal trespass if a person having ownership or custody
of an animal knowingly fails to provide adequate control for a period
equal to or exceeding twelve (12) hours.
B.
Animal
trespass is an ordinance violation. Upon conviction of a first offense,
a fine not to exceed two hundred dollars ($200.00) may be imposed.
For a second or subsequent violation, a fine not to exceed five hundred
dollars ($500.00), or both such fine and imprisonment may be imposed.
All fines for a first conviction of animal trespass may be waived
by the court, provided that the person found guilty of animal trespass
shows that adequate, permanent remedies for trespass have been made.
Reasonable costs incurred for the care and maintenance of trespassing
animals may not be waived. This Section shall not apply to the provisions
of Section 578.007 or Sections 272.010 to 272.370, RSMo.
[Ord. No. 3892 §1, 7-5-2011]
A.
A person
is guilty of animal neglect if he/she has custody or ownership or
both of an animal and fails to provide adequate care.
[Ord. No. 4005 §1, 2-17-2014]
B.
A person
is guilty of animal abandonment if he/she has knowingly abandoned
an animal in any place without making provisions for its adequate
care.
[Ord. No. 4005 §1, 2-17-2014]
C.
Animal
neglect or animal abandonment are ordinance violations. For a first
offense of either violation, a term of imprisonment not to exceed
fifteen (15) days or a fine not to exceed five hundred dollars ($500.00),
or both such fine and imprisonment may be imposed. For a second or
subsequent violation of either offense, a term of imprisonment not
to exceed ninety (90) days or a fine not to exceed five hundred dollars
($500.00), or both such fine and imprisonment may be imposed. All
fines and penalties for a first conviction of animal neglect or animal
abandonment may be waived by the court, provided that the person found
guilty of animal neglect or abandonment shows that adequate, permanent
remedies for neglect or abandonment have been made. Reasonable cost
incurred for the care and maintenance of neglected or abandoned animals
may not be waived. This Section shall not apply to the provisions
of Section 578.007 or Sections 272.010 to 272.370, RSMo.
[Ord. No. 4005 §1, 2-17-2014]
D.
In
addition to any other penalty imposed by this Section, the court may
order a person found guilty of animal neglect or animal abandonment
to pay all reasonable costs and expenses necessary for:
1.
The care and maintenance of neglected or abandoned animals within
the person's custody or ownership;
2.
The disposal of any dead or diseased animals within the person's
custody or ownership;
3.
The reduction of resulting organic debris affecting the immediate
area of the neglect or abandonment; and
4.
The avoidance or minimization of any public health risks created
by the neglect or abandonment of the animals.
[Ord. No. 3892 §1, 7-5-2011]
A.
A person
commits the offense of knowingly releasing an animal if that person,
acting without the consent of the owner or custodian of an animal,
intentionally releases any animal that is lawfully confined for the
purpose of companionship or protection of persons or property or for
recreation, exhibition or educational purposes.
B.
As
used in this Section, "animal" means every living
creature, domesticated or wild, but not including Homo sapiens.
C.
The
provisions of this Section shall not apply to a public servant acting
in the course of such servant's official duties.
[R.O. 1952 §4.3; CC 1988 §5-3; Ord. No. 3892 §1, 7-5-2011]
The owner or possessor of any animal or fowl which may die within
the City shall, within twenty-four (24) hours after the death of such
animal or fowl, remove the same or cause the same to be removed beyond
the corporate limits. If such dead animal or fowl is not in the possession
of any person at the time of its death and the same is not removed
within twenty-four (24) hours, it shall be the duty of any Policeman
of this City to cause the same to be removed at the cost of the City.
[R.O. 1952 §4.4; CC 1988 §5-4; Ord. No. 3892 §1, 7-5-2011; Ord. No. 3934 §1, 5-21-2012; Ord. No. 4057 §1, 2-15-2016]
A.
No
residential structure or lot shall house or contain more than four
(4) units as defined below:
A dog or cat or ferret over four (4) months of age shall constitute
one (1) unit. Five (5) rabbits, chinchillas, guinea pigs, hamsters,
mice or other rodents, over age three (3) months, or any combination
thereof shall constitute one (1) unit. Two (2) snakes or other reptiles
constitute one (1) unit.
B.
But
never more than three (3) dogs and/or three (3) cats over the age
of four (4) months shall be allowed at any one (1) residence. Keeping
more animals than what is described in this Section constitutes a
kennel. No kennel will be authorized to house more than (6) dogs or
cats.
C.
No animal defined as exotic, or wildlife, in this Chapter shall be permitted to be owned or harbored by any individual in City limits, except in the form of a circus or other event where a special permit is required under Chapter 615, Amusements and Entertainment.
D.
Livestock
or fish are only permitted under the "A-1" Agricultural Activities
District regulations. Livestock shall be prohibited from being kept
in any other zoning district within the City of DeSoto.
E.
Fish
kept or raised for a commercial purpose are only permitted in the
"A-1" Agricultural Activities District and shall be prohibited in
every other zoning district.
[Ord. No. 3934 §1, 5-21-2012]
A.
The
keeping of roosters shall be strictly prohibited.
B.
The
keeping of up to six (6) poultry in total shall be permitted on any
parcel of property only if a permit has been issued by the City.
C.
A permit
shall be issued by the City upon the satisfaction of the following
conditions:
1.
The poultry must be adequately confined within a yard or other place
surrounded by wire netting or other fence as a provision to prevent
their escape therefrom;
2.
The pen shall be maintained in a safe and sanitary condition;
3.
Any manure or other discharges from the poultry shall be collected
and properly removed from the premises or tilled into the soil on
the premises promptly and regularly to prevent the spreading of offensive
smells or diseases;
4.
No slaughtering of any poultry kept pursuant to a permit issued under
this Section shall be allowed; and
D.
The
keeping of poultry pursuant to a permit issued under this Section
shall comply with all ordinances of the City. Nothing in this Section
shall be deemed to preclude the enforcement of any violation of any
City ordinances committed in connection with the keeping of poultry,
notwithstanding the issuance of such permit. By applying for a permit
under this Section the property owner authorizes the City Officials
at all reasonable times and in a reasonable manner to enter upon and
inspect the property with respect to which such permit is applied
for to determine whether the keeping of poultry violates this Section
or any other applicable ordinances.
E.
Revocation Of Permits To Keep Poultry.
1.
The City shall revoke any permit issued for the keeping of poultry
for violation of any of the conditions stated above or if any of the
following conditions are found to exist:
2.
Actions to be taken.
a.
If a complaint is filed regarding a violation of any of the conditions
stated in this Section, or, in the absence of a complaint, in the
discretion of the City, an investigation of any potential violations
shall be made by the City Code Enforcement Officer.
b.
If the investigation substantiates the existence of a violation of
such conditions, a letter shall be sent by certified mail to the property
owner notifying the property owner of such violation and that same
shall be corrected within not less than five (5) days and that such
property owner shall be responsible for notifying the City Manager
by certified mail that such violations have been corrected and seeking
a re-inspection to verify that such violations have been corrected.
c.
In the event the property owner shall fail to notify the City Manager
of such correction within five (5) days or in the event that a re-inspection
does not verify such correction, the permit shall be revoked.
3.
Permit revocations under this Section may be appealed as follows:
a.
Appeals must be filed within five (5) days after the revocation notice
is mailed by certified mail.
b.
Appeals shall be determined following a hearing before the City Manager
or his designee.
c.
At least five (5) days' notice of the hearing shall be given to the
property owner by certified mail.
d.
The property owner and any other interested party may appear at the
hearing and testify and present evidence concerning the conditions
giving rise to the revocation.
[CC 1988 §5-5; Ord. No. 2398, 5-17-1971; Ord. No.
3892 §1, 7-5-2011]
A.
The
entire area embraced within the corporate limits is hereby designed
a bird sanctuary.
B.
It
shall be unlawful to trap, hunt, shoot or attempt to shoot or molest
in any manner any bird or wild fowl or to rob bird nests or wild fowl
nests; provided that if starlings or similar birds are found to be
congregating in such numbers in a particular locality that they constitute
a nuisance or menace to health or property, in the opinion of the
proper health authorities of the City, such health authorities shall
meet with representatives of the Audubon Society, Bird Club, Garden
Club or Humane Society, or as many of such clubs are found to exist
in the City, after having given at least three (3) days' actual notice
of the time and place of such meeting to the representatives of such
clubs.
C.
If,
as a result of such meeting, no satisfactory alternative is found
to abate such nuisance, such birds may be destroyed in such numbers
and in such manner as is deemed advisable by such health authorities
under the supervision of the Chief of Police.
