[HISTORY: Adopted by the City Commission of the City of Lapeer
as Ch. 3 of the 1978 General Ordinances. Amendments noted where applicable.]
A.
It
shall be unlawful for any person, firm or corporation to remove, deface
or conceal any sign or notice posted upon any building, structure
or premises by an officer or employee of the City of Lapeer, relating
to any public health, safety regulations or precautions.
B.
It
shall be the duty of the owner, lessee, tenant, or other person lawfully
in possession of such building, structure or premises to maintain
and preserve such posted signs and notices, and upon proof of the
removal, defacement, or concealments of such posted signs or notices,
the owner, lessee, tenant or other person lawfully in possession shall
be presumed to have removed, defaced or concealed said signs or notices,
as the case may be, provided, that nothing shall preclude the rebuttal
of said presumption upon presentation of sufficient evidence.
[Amended 4-10-1996; 7-23-2009]
A.
Any
weeds such as jimson, burdock, ragweed, thistle, cocklebur, or other
weeds of a like kind found growing in any lot or tract of land in
the City are hereby declared to be a nuisance, and it shall be unlawful
to permit any such weeds to grow or remain in any such place.
B.
It
shall be unlawful for anyone having control of property in the City
of Lapeer, whether as owner, owner's agent, or occupant, to permit
poison ivy, poison sumac, poison oak, or other plants injurious to
health, to grow where they may cause injury or discomfort to any person
or to permit any weeds, grass or plants, other than trees, bushes,
flowers, or other ornamental plants to grow to a height exceeding
eight inches anywhere in the City; any such plants or weeds exceeding
such height are hereby declared to be a nuisance.
C.
It
shall be the duty of any persons having control of property in the
City of Lapeer, whether as owner, owner's agent, or occupant,
within 200 feet of streets, public rights-of-way or improved property,
public or private, to cause to be cut or destroyed all noxious weeds
or other weeds, grass, brush, or uncontrolled tree growth which are
the height of eight inches or more in such manner as shall effectually
prevent such weeds from bearing seeds or spreading to adjoining property,
as often as may be necessary from May 1 through October 31 each year.
D.
No person, after having been notified by the Code Enforcement Officer, shall permit or cause to be maintained upon his or her premises a public nuisance as defined in Subsection A of this section.
E.
It shall be the duty of the owner, owner's agent or occupant in charge of any land in the City of Lapeer to remove from that land any plant material specifically listed in Subsection B above or weeds of eight or more inches in height within seven days, Sundays and legal holidays excepted, after notice to do so.
F.
Whenever there are upon any defined lands within the municipality, the plant material specifically listed in Subsection B above or weeds of eight or more inches in height, and no person can be found in the City of Lapeer who either is or claims to represent the owner, the City Manager shall give notice by publication once in one newspaper of general circulation in the City, requiring the removal of the weeds. The notice shall specify the land from which weeds are to be removed, the character of the work to be done and the time allowed for doing the same.
G.
If the plant material specifically listed in Subsection B above or weeds are not removed as provided and within the time so specified by the notice required by Subsection F of this section, it shall be the duty of the City Manager to cause their removal, and the owner of the property shall be held liable to the municipality for the cost incurred for the removal of the plant material or weeds, including the cost of advertising.
H.
If
any such person, firm, or corporation shall fail to comply with the
provisions of this section, the City may proceed to abate such nuisance,
keeping an account of the expense of the abatement, and such expense
shall be presented to the City Treasurer with a minimum of one hour
per lot or parcel, plus the actual cost of inspection, scheduling,
and any other associated cost.
I.
The
City Treasurer shall add to all said accounts, 20% of the amount of
all such expenditures to cover the administrative costs of the Treasurer,
and said total charges shall immediately constitute a lien and tax
upon the land upon which work was performed. The City Treasurer shall
forward a statement of the total charges assessed on each parcel of
property to the owner as shown by the last current assessment or tax
roll and said assessment shall be payable within 30 days without additional
cost. If said assessments are not paid within 30 days, a penalty of
10% shall be added, and the total amount of the assessments and penalty
will be transferred or reassessed upon the next City tax roll. The
City Treasurer shall, on or before the 31st day of May of said year,
prepare a report of all parcels of property upon which said assessments
have been placed upon the City tax roll and which shall be collected
and paid in all respects as provided for the collection of county
taxes. When these assessments are collected, they shall be paid into
the City Treasury to reimburse the outlay therefrom as hereinbefore
provided.
J.
The
City Clerk shall, on or before the 30th day of April of each year,
give notice of the requirements and provisions of this chapter by
causing notice thereof published once a week for two successive weeks
in a newspaper of general circulation in the City of Lapeer. The foregoing
notice shall be in substantially the following form:
|
CITY OF LAPEER
| |
|
NOTICE OF PROVISIONS OF
| |
|
NOXIOUS WEED ORDINANCE
| |
|
TO ALL OWNERS, OWNER'S AGENTS, OR OCCUPANTS OF PROPERTY:
| |
|
Notice is hereby given that, in accordance with § 3-2 of the Code of the City of Lapeer, all noxious weeds, or other weeds, grass, brush or uncontrolled tree growth which are a height of eight inches or more growing upon any property in the City, shall be cut down, destroyed, or removed as the case may be, as often as may be necessary from May 1 through October 31 each year.
| |
|
In case any owner, owner's agent, or occupant shall fail
or refuse to comply with the above-mentioned Code section, the City
may cause said weeds, grass, brush, or uncontrolled tree growth, to
be cut down, destroyed or removed. All expenses incurred by the City
will be charged against the property and will be collected in the
manner provided in said section.
| |
|
CITY CLERK
| |
K.
Any
person, firm or corporation violating any provision of this chapter
shall be responsible for a civil infraction and/or a civil action
for abatement of nuisance.
A.
It
shall be unlawful for any person, firm or corporation to display for
the purpose of public sale, upon the streets or sidewalk in the City
of Lapeer, any fruits or vegetables, unless said fruits or vegetables,
so displayed, are placed upon stands, benches or other containers
reaching to height of not less than two feet above the sidewalk or
ground upon which same is located, and extending not more than three
feet from the front of the store or building from which said display
is made.
B.
If
said fruits or vegetables are contained in waterproof containers,
then the above provisions relative to height shall not be effective.
A.
No
person shall, within the City of Lapeer, deliver, sell, offer or expose
for sale, or have in his possession with intent to sell for direct
consumption, any milk or milk product which is, or has been, produced,
stored, handled, processed or transported in any unclean or unsanitary
manner, or which is adulterated or misbranded, or produced, stored,
handled, processed or transported in violation of the laws of this
state or rules and regulations promulgated by the Department of Agriculture
of the State of Michigan pertaining thereto.
B.
No
person shall sell or deliver or offer for sale or delivery within
the City any milk from any source other than a source approved by
the Health Officer. The Health Officer shall inspect any farm or plant
supplying milk for sale or deliver in the City, but may accept the
certification of inspection of any officer of the State Board of Health
or Agriculture or that of any duly qualified officer of any state
or municipality enforcing equivalent standards.[1]
[1]
Editor's Note: Former § 3.05, Restaurant regulations,
of the 1978 General Ordinances, which previously followed this section,
was repealed.
A.
ALCOHOLIC BEVERAGES
APPLICANT
CITY COMMISSION
CLUB
HOTEL
LICENSEE
PERSON
SALE
SPIRITS
Definitions.
As used in this section, the following terms shall have the meanings
indicated:
Includes any spirituous, vinous, malt or fermented liquor,
liquids and compounds, whether or not medicated, proprietary, patented,
and by whatever name called, containing 1/2 of 1% or more of alcohol
by volume which are fit for use for beverage purposes.
Any person who seeks approval from the City of Lapeer to
sell alcoholic beverages.
The City Commission of the City of Lapeer, Michigan.
An association, whether incorporated or unincorporated, the
majority of whose members shall be citizens for the promotion of some
common object (not including associations organized for any commercial
or business purpose, the object of which is money profit), owning,
hiring or leasing a building, or space in a building, of such extent
and character as in the judgement of the City Commission may be suitable
and adequate for the reasonable and comfortable use and accommodations
of its members and their guests, and which shall have been in existence
for a period of not less than two years prior to application for license
under the provisions of this act.
A building which, in the judgement of the City Commission,
has been regularly used and kept open as such in a bona fide manner
for the feeding and lodging of guests, where all who conduct themselves
properly and who are able and ready to pay for such services are received
if there be accommodations for them.
Any person who has been granted a license to sell alcoholic
beverages in the City of Lapeer by the Michigan Liquor Control Commission.
Any person, firm, partnership, association or corporation.
Includes exchange, barter or traffic, furnishing or giving
away any alcoholic liquor.
Any beverage which contains alcohol obtained by distillation,
mixed with potable water and other substances in solution and includes,
among other things, wine containing an alcoholic content of over 16%
by volume.
B.
Qualifications
of applicants.
(1)
No application to sell alcoholic beverages by the glass shall be
approved unless the applicant or transferee is a citizen of the State
of Michigan and of the United States.
(2)
No application to sell alcoholic beverages by the glass shall be
approved if the applicant has been convicted of three or more liquor
violations or a felony in this state in any court or before the Liquor
Control Commission within a period of five years preceding the receipt
of the application, provided that this requirement may be waived by
an affirmative vote of the majority of the elected members of the
City Commission.
C.
Standards
required of premises.
(1)
Sanitation.
(a)
All licensees, and his agents and servants and employees, shall wear
clean clothing and be clean about their person. No person who has
an infectious disease in a communicable form, or who is a carrier
of such an infectious disease, shall be employed where food or beverages
are prepared, handled, stored or served.
(b)
All licensed establishments shall be equipped with two tanks and
one power spray or three tanks for the purpose of washing, rinsing,
disinfecting and sterilizing all bar and table service.
(c)
All dishes, glasses, mugs, steins, cups and table service used in
the serving of food or beverages shall be effectively washed and cleansed
in clean hot water of not less than 110° F. Such wash water shall
contain an effective detergent or cleansing agent. Immediately after
washing and before using, the dishes, glasses and utensils shall be
effectively sanitized. Effectively washed and cleansed dishes, glasses,
and silverware or utensils shall be interpreted to be that the dish,
glass, silverware or utensils is free of film and foreign material
including lipstick, lip marks and fingerprints on the food and lip
contact areas.
(d)
Following sanitization, all dishes, glasses, silverware and utensils
shall be drained in an inverted position on sanitary drain racks,
trays or boards, with protection from flies, dust and other contamination
during storage.
(e)
All bars, tables, counters, coolers, extra beer tap rods, refrigerators
and all other fixtures or equipment and all basements, rooms or other
places used to serve or store beer, wine or liquor, shall be kept
in a clean and sanitary manner at all times.
(f)
All open windows, doors, and other openings to the outside shall
be screened and protected against flies.
(g)
All licensed establishments dispensing alcoholic beverages shall
provide properly designated flush toilets for each sex. Such toilets
shall be so constructed as to assure complete privacy as to segregation
of the sexes.
(h)
Toilets shall be easily accessible with no entrance through a kitchen,
or other room where food is prepared.
(i)
Each toilet shall have outside ventilation provided by an exterior
window at least three square feet in area, fully operable, or a vertical
duct not less than 48 square inches in area, leading to the exterior
of the building.
(j)
The minimum floor space of each toilet shall be five feet by seven
feet or 35 square feet.
(k)
Such toilet rooms shall have close-fitting, tight doors and shall
have a nonabsorbent interior finish on floors, walls and ceilings.
All floors shall be equipped with a drain.
(l)
Toilets for men shall have the following equipment: one wash bowl
with running water (hot and cold); one intermittent or flush-type
wall urinal (minimum length three feet); one flush stool complete
with cover (same to be segregated from urinal by a partition and door)
for each 100 patrons based on seating capacity of the establishment;
individual sanitary towels; plenty of soap, sanitary toilet paper;
and a metal receptacle for accumulated wastes.
(m)
Toilets for women shall have the same equipment as for men except
urinal, the amount of equipment to be determined the same as for men.
(n)
All toilets and wash rooms, including walls, floors, ceilings and
fixtures shall be kept in a clean and sanitary condition; walls and
ceilings shall be light-colored. All such toilets and washrooms shall
be adequately lighted.
(o)
All licensed establishments shall be equipped with hot and cold running
water from a source approved by the City of Lapeer.
(p)
All licensed establishments shall be connected with a public sewerage
system, or to sanitary sewerage facilities approved by the City of
Lapeer.
(2)
Safety.
(a)
All licensed establishments dispensing alcoholic beverages shall
have not less than two exits which in no way shall be obstructed.
Exit doors shall open outward. During the period of occupancy, no
exit door shall be locked, bolted or otherwise fastened so that the
door cannot be opened from the inside by use of an ordinary door latch
or knob or by pressure on the door or on a panic release device. Every
exit doorway from an area with an occupant load of more than 100 persons
shall be marked with an exit sign. Exit sign letters shall be at least
five inches in height. Exits shall be illuminated at all times with
light having an intensity of not less than one footcandle at floor
level.
(b)
The number of persons permitted in any building or portion thereof
used for dispensing alcoholic beverages shall not exceed an occupancy
density of one person per 15 square feet of floor area. The maximum
number of persons permitted shall be conspicuously posted by the owner
of the building by means of a durable metal sign in each room where
fixed seats are not installed, and it shall be unlawful to remove
or deface such notice or to permit more than this legal number of
persons within such space.
(c)
In each room where chairs, or tables and chairs, are used, the arrangement
shall be such as will provide for ready access by aisles to each exit
doorway. Aisles leading directly to exit doorways shall have not less
than 36 inches clear width which shall not be obstructed by chairs,
tables or other objects. Aisles shall be located so that there will
be not more than six intervening seats between any seat and the nearest
aisle.
(d)
No decorative materials shall be used which will ignite and allow
flames to spread over the surface when exposed to a match flame test
applied to a piece removed from the material. Testing shall be done
in a safe place with the following procedure: The piece of material
shall be exposed to a flame from a common match held in a horizontal
position, 1/2 inch underneath the piece, and at a constant location
for a minimum of 15 seconds; if the material ignites, it shall not
be used as decoration. Treatments used to accomplish this flameproofing
shall be renewed as often as may be necessary to maintain the flameproof
effect.
(e)
It shall be the duty of the owner and the occupant of each licensed
establishment dispensing alcoholic beverages to provide and maintain
in good working condition suitable fire-detecting devices or extinguishing
appliances as may be specified by the City of Lapeer. Such devices
or appliances may consist of automatic fire alarm system, automatic
sprinkler or water spray system, stand pipe and hose, fixed or portable
fire extinguisher of a type suitable for the probable class of fire,
or suitable asbestos blankets, manual or automatic covers, or carbon
dioxide or other inert gas extinguishing systems. Any of the foregoing
devices or appliances installed in compliance with any requirement
of the City of Lapeer shall be maintained in operative condition at
all times, and it shall be unlawful for any owner or occupant to reduce
the effectiveness of the protection so required. It shall be the duty
of the owner and occupant of each building, or part of building, to
properly train sufficient regular employees in the use of fire appliances
so that such appliances can be quickly put in operation.
(3)
Illumination. The minimum intensity of illumination prevailing in
all parts of licensed establishments at tabletop level shall be one
footcandle.
(4)
Ventilation. All buildings or portions of buildings customarily used
for dispensing or consuming alcoholic beverages shall be provided
with light and ventilation by means of windows or skylights with an
area not less than 1/8 of the total floor area or shall be provided
with artificial lights and a mechanically operated ventilating system.
At least four changes of air per hour must be provided.
(5)
General.
(a)
No licensee shall erect or maintain any artificial blinds, screen,
shades or other obstructions which prevent a reasonable clear view
of the premises wherein alcoholic beverages are served.
(b)
Every establishment dispensing alcoholic beverages shall be maintained
in good, safe repair. All buildings or structures which are structurally
unsafe or are not provided with adequate egress or which constitute
a fire hazard, or are otherwise dangerous to human life, or constitute
a hazard to safety or health by reason of inadequate maintenance,
shall not be approved as a licensed establishment.
D.
Conduct
on the premises.
(1)
Licensees.
(a)
Prohibitions. No licensee, his agents, servants, or employees shall:
[1]
Sell, give or furnish any alcoholic liquor to a person under
21 years of age.
[2]
Sell, give or furnish any alcoholic liquor to any person in
an intoxicated condition.
[3]
Be in an intoxicated condition upon the licensed premises or
allow an intoxicated person to frequent, loiter or be employed upon
the licensed premises.
[4]
Engage in any illegal occupation or illegal act on or beyond
his licensed premises.
[5]
Refuse, fail or neglect to cooperate with any law enforcement
officer in the performance of such officer's duties.
[6]
Allow in or upon his licensed premises any improper conduct,
disturbances, lewdness, immoral activities, indecent, profane or obscene
language, songs, entertainment, literature, pictures or advertising
material, or cause to have printed or distributed and lewd, immoral,
indecent, or obscene literature, pictures or advertising material.
[7]
Suffer or allow in or upon his licensed premises the annoying
or molesting of patrons or employees by other patrons or employees,
or any accosting and/or soliciting for immoral purposes.
[8]
Permit his licensed premises to be frequented by or become the
meeting place, hangout or rendezvous for persons known to engage in
the use, sale or distribution of narcotics or any other illegal occupation
or business.
[9]
Allow upon his licensed premises, slot machines, punch or pull
boards, dice games, or any gambling devices, machines or apparatus
whatsoever, or any other mechanism that has been judicially determined
to be a gambling device, or in any way contrary to the laws of the
State of Michigan. The presence of any such device, machine, apparatus,
or mechanism upon the premises of any licensed establishment shall
be prima facie evidence of a violation of this subsection. Except
for the Michigan State Lottery, no gambling or gaming of any kind
shall be permitted on the premises of any licensed establishment.
[Amended 12-1-1978]
[10]
Serve to or permit any patron to consume alcoholic liquor unless
such patron is either seated or standing at a bar or seated at a table
or counter.
[11]
Have or maintain any rooms in connection with the licensed premises,
excepting rooms used for toilets and kitchens; provided, however,
that this sentence shall not apply to premises operated as a hotel
or club. No licensee shall have or permit any inside connection, entrance,
doorway or aperture between his licensed premises and the premises
of another person.
[12]
Permit any person engaged in the serving of food or alcoholic
beverages in this establishment to eat, drink, or mingle with the
patrons.
[14]
Permit the sale of alcoholic beverages upon any portion of his
premises for which he may have leased, sold or transferred the right
of possession to another person not licensed.
(b)
Requirements. Every licensee shall have posted in a conspicuous place
on his licensed premises a plainly visible printed list or menu showing
the various types and prices of alcoholic drinks which he offers for
sale.
(2)
Persons under the age of 21 years. Any person under the age of 21
years purchasing or offering to purchase beer or wine, or any alcoholic
beverage, who represents himself falsely to be over the age of 21
years, or who makes false statement or gives false information regarding
his age to any police officer or licensee or his agent, servant or
employee in charge of any place where beer and wine and other alcoholic
beverages are sold or any other person who makes false representation
in order to procure the sale or furnishing of beer, wine or other
alcoholic beverage to a person under the age of 18 years, shall be
deemed guilty of a misdemeanor and subject to the penalties provided
in this chapter.
E.
Enforcement
and inspection.
(1)
Enforcement of this chapter and inspections thereunder shall be conducted
by the City Manager and or other enforcement officers, assistants,
or employees that may be designated by the City Manager from time
to time to enforce the provisions of this chapter.
(2)
The premises of any licensee shall be open at all reasonable times
for inspection by City enforcement officers and no licensee shall
fail, refuse or neglect to obey any order of such officer issued relative
to the operation of his establishment.
F.
Suspension
or revocation of approval.
(1)
The City Commission shall have the right at any time by resolution
to suspend the sale, furnishing, gift or delivery of alcoholic beverages
for consumption on the premises throughout the entire City of Lapeer
or any part thereof, whenever the Commission deems such action necessary
by reasons of any public emergency.
(2)
Violations either of this chapter, the rules and regulations of the
Liquor Control Commission, or of any law or ordinance relative to
the use of the premises or the conduct of any licensee, may be used
as the basis for a request to the Liquor Control Commission to revoke
or suspend such licenses issued by that organization. The City Commission
shall in matters involving revocation, by resolution direct that a
hearing be had before the City Commission upon the giving of not less
than three days' notice to the approved applicant involved. Service
of such notice may be made personally upon the approved applicant
or by posting a copy of this resolution at the premises where his
sales of alcoholic beverages are conducted or at his usual place of
abode. A majority vote of the elected members of the City Commission
is necessary to carry any proposition to request revocation of such
license.
G.
Authority
of City Commission. This section shall not operate in limitation of
any power of authority vested in the City of Lapeer or the City Commission
by virtue of any existing constitutional or statutory provisions,
and shall be considered to be only supplementary to the exercise or
use of such vested authority and not in derogation thereof.
H.
Penalties.
Any person, firm or corporation violating any of the provisions of
this chapter shall be deemed guilty of a misdemeanor, and each such
person shall be deemed guilty of a separate offense for each and every
day or portion thereof during which any violation of any other provision
of this section is committed, continued or permitted, and upon conviction
of any such violation, such person shall be punishable by a fine of
not more than $500 or by imprisonment for not more than 90 days, or
by both such fine and imprisonment, together with the costs of prosecution
for each violation.
A.
No
person having control or management of any dwelling, building, structure,
excavation, business pursuit, matter or thing, shall allow any public
nuisance to be created or to exist on the premises of which such person
is the owner or exercises control or management thereof; nor shall
any person, firm or corporation owning or occupying any public or
private street, alleyway or any premises whatever, or having control,
or management thereof, within the City of Lapeer, create or maintain
a nuisance therein.
B.
No
person shall himself or by another throw, place or deposit in any
street, highway, lane, alley, or public place or square, or in any
private place or premises, any glass bottles; tin cans; glass, broken
or unbroken; any metal, earthenware, tacks, cinders or other substance
of a nature likely to cause injury to travelers or pedestrians, or
to bicycles or motor vehicles, or which might injure, cut or puncture
any pneumatic tire; nor shall any person, firm or corporation, himself
or by another throw, place, deposit, permit to remain or leave on
any street, highway, alley, lane, public place or square, or in any
private place or premises, any animal or vegetable substance, dead
animal, fish, dirt or rubbish, garbage, excrement, filth, rot, unclean
or nauseous water, liquid or gaseous fluids or any other substance
whatever injurious to the health and comfort and public welfare. In
the case of any alley or private premises where any substance above
named shall exist or be or has been deposited, it shall be the duty
of every owner or occupant of any lot or premises within 24 hours
after having been notified by the City Health Officer or Chief of
Police to remove from the half of said alley adjoining said lot or
from said private premises all such substances.
C.
No
person shall permit on his, or her or its premises within the boundaries
of the City, of which he, she or it may be the occupants or occupant,
agent or agents, having charge thereof, the exercise of any unwholesome
or offensive trade of calling, or suffer any building, sewer or other
thing whatsoever to remain on such premises until in any manner the
same shall become offensive, hurtful, dangerous or unwholesome to
the neighborhood or travelers.
D.
Whenever
any dwelling, building, structure, excavation, business pursuit, matter
or thing, or the lot upon which it is situated, or the plumbing, sewerage,
lighting or ventilation thereof is, in the opinion of the City Health
Officer or Chief of Police, in condition or in effect dangerous or
detrimental to the life, safety or health or is likely to cause any
unwholesome, noisome or offensive smell, which, in the opinion of
such City Health Officer or Chief of Police, may declare the same
to the extent he may testify is a public nuisance and may order the
same to be remedied, removed, abated, suspended, altered or otherwise
improved or purified as the order may specify. If any order of the
City Health Officer or Chief of Police issued under the authority
of this section is not complied with or so far complied with as they
may regard as reasonable, within such time as said order may designate,
then such order may be executed by said City Health Officer of Chief
or Police, their officers, agents, employees, or contractors.
A.
Dog
Law adopted. The Lapeer County Dog Wardens are authorized to operate
inside the incorporated limits of the City of Lapeer for the purpose
of enforcing the provisions of Act 339 of the Public Acts of Michigan
of 1919, as amended, which act is known as the Michigan Dog Law.[1]
[1]
Editor's Note: See MCLA § 287.261 et seq.
B.
Animals
or fowl at large. No person shall permit any fowl or animal to run
at large in the City.
C.
Keeping
of animals. No person shall keep or confine horses, ponies, hogs,
cattle, sheep or any other animals in such manner that they become
offensive to those residing near or to the public health.
D.
Keeping
poultry. No person shall keep chickens or other fowl in any house
or yard within 50 feet of the dwelling house of any other person except
by permission of such other person.
E.
Cruelty
to animals. No person shall not wantonly or cruelly ill-treat or injure
any dog or other domestic animal. No person shall cause dogs to fight
with each other or with other animals.
F.
Carcass
removal and burial. When any beast, bird or animal dies within the
City the owner or person in possession of it shall within 12 hours
thereafter cause the carcass to be removed beyond the City limits
or bury the same so that the entire carcass shall be covered with
earth no less than three feet in depth above such carcass.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
G.
Vicious
dogs. The owner of any vicious dog shall keep such dog in a securely
enclosed area or on a leash and muzzled at all times.
[Amended 6-24-1987; at
time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
H.
Limitation
on number of dogs. No person shall keep or allow to remain on premises
they own, occupy, or control, more than three dogs. Provided, however,
that this section shall not apply to:
[Amended 4-25-1990]
(1)
Commercial kennels operated in accordance with Chapter 7, Zoning, in zoning districts providing for commercial kennels.
(2)
A female dog with her puppies, up to the first 90 days from the date
of birth of the puppies, so long as the puppies are not being bred
or raised for remuneration or as a business operation.
