No person shall harbor or keep more than six dogs or six cats
or any combination of cats and dogs when the total exceeds six animals
over the age of 10 weeks, at a residential location, unless granted
a variance as hereinafter provided.
(Ordinance 991 adopted 11/1/01)
A person harboring or keeping more than six animals as provided
herein may apply to the animal control officer for a variance, which
variance may be granted after inspection of the premises and the determination
by the animal control officer that the dogs and cats in excess of
the limit shall not likely constitute a nuisance or have a detrimental
effect on adjacent property owners. In making such decision, the animal
control officer shall consider the size of the yard or enclosures
for such animals, the distance from neighboring property owners, and
other related factors. In the event that a variance is granted, it
shall specify a limit for the number of additional animals, and the
conditions that must be maintained in order to continue the variance
in effect. The variance may be revoked if such conditions change,
or if there are substantiated complaints by neighboring property owners
attributable to the number of animals in excess of six. Any decision
by the animal control officer to grant, deny, or revoke a variance
may be appealed to the municipal court, upon written notice of appeal
being filed within 10 days after receipt of notice of decision by
the animal control officer.
(Ordinance 991 adopted 11/1/01)
(a)
In
the event that a person is found to be in violation of this article,
the animal control officer shall issue a written notice to the owner
of the property upon which such animals are being kept and, if appropriate,
to the tenant or person harboring such animals on the premises. Such
notice may be delivered by certified mail, return receipt, or may
be posted at a visible location on the premises. Such notice shall
allow a 10-day period (including weekends and holidays) in which the
condition must be corrected and the number of animals brought into
compliance with this article. If the owner or occupant fails to correct
the violation within said 10-day period, then, in addition to the
other penalties provided below, the animal control officer may impound
a sufficient number of animals to bring the property into compliance,
which impounded animals shall be kept at the city animal shelter for
a period of at least 3 days in which they may be reclaimed. Thereafter,
said animals may be destroyed at the discretion of the animal control
officer. In the event of impoundment, the animal control officer will
leave a notice posted on the property advising of the impoundment
and giving instructions on steps necessary to retrieve the animals
from impoundment. Impounded animals shall be subject to the posted
fees for such impoundment in effect at the time of impoundment.
(Ordinance 991 adopted 11/1/01)
