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HomeMy Public PortalAboutORD15497 FINAL SUBSTITUTE 2-15-16 PASSED AS AMENDED BILL NO. 2015-98 SPONSORED BY COUNCILMAN I Mihalevich -1Q/ ORDINANCE NO. I SIR q AN ORDINANCE AMENDING THE CITY CODE OF THE CITY OF JEFFERSON, MISSOURI, CHAPTER 5 (ANIMALS), SECTION 5-15, BY FURTHER DEFINING THE MINIMUM STANDARDS FOR THE CARE OF ANIMALS HOUSED OUTSIDE BE IT ENACTED BY THE COUNCIL OF THE CITY OF JEFFERSON, MISSOURI, AS FOLLOWS: Section 1. The City Code, Chapter 5 (Animals), Section 5-15 (Minimum Standards of Sanitation, Care, and Adequate Housing of Animals), is hereby amended as follows: Sec. 5-15. Minimum Standards of Sanitation. Care, and Adequate Housing of animals. It shall be unlawful for the owner or person in charge of any animal to permit such animal to remain without sufficient food, water or shelter in accordance with the following: A. Animals maintained in pens. cages. or runs for periods exceeding 24 hours shall be provided with adequate space to prevent overcrowding and to maintain normal exercise according to species. Cages are to be of material and construction that permit cleaning and sanitizing. B. Indoor housing facilities shall be sufficiently temperature controlled and ventilated to provide for the animal's comfort and health. C. Ne A person may .,hall keep a dog outdoors only if unless at least one of the following applies: The dog has access to the owner's home through a dog door or other entry way during all time spent outside:or 2. The dog is under the supervision of a person who can allow the dog access to the owner's home during time spent outside: or 3. The dog is at all times in the company of a person:or 4. The dog spends less than one hour per day outside:or 5. The dog is provided accessto—a—meisture-resistantenclosed building. dog house. or . • • . - . at all times to an appropriate structure for shelter as follows: a. The structure shall be suitable for the breed, age, condition, size, and type of the dog; and b. The structure shall be moisture-resistant so it is not easily affected or harmed by water, wind-resistant, and of suitable size and type to allow the animal to stand. turn about freely, lie in a normal position, and regulate proper body temperature; and e. •.. _ -• . . . . • . . weather-eNtremes. c. Suitable drainage shall be provided so that water will not unreasonably gather or pool and appropriate dry bedding shall be utilized inside the structure; and Editor's Note:Added language shown thus. Deleted language shown thus. Bill 2015-98 Final Substitute 2-15-16 Page 1 FINAL SUBSTITUTE 2-15-16 PASSED AS AMENDED d. The dog must have space outside its shelter to move around and urinate and defecate away from its confinement and this space must be free of broken glass and similar potentially dangerous materials which could result in injury to the dog; and e. Floors of shelter, runs, and walls shall be of appropriate waterproof material to permit proper cleaning and disinfection. D. Provisions shall be made for the removal and proper disposal of animal and food waste, bedding. dead animals, and debris. Disposal facilities shall be provided and operated as to minimize vermin infestation, odors.and disease hazards. E. All animal quarters and runs are to be kept clean. dry. and in a sanitary condition. F. The food shall be free from contamination, wholesome, palatable. and of sufficient quantity and nutritive value to meet the normal daily requirements for the condition and size of the animal. G. All animals shall have fresh water available at all times. Water vessels shall be weighted or be mounted or secured in a manner that prevents tipping. H. Seizure of an animal in danger. I. Definition of life-threatening health Condition. For purposes of this subjection a life- threatening health condition includes instances where: the National Weather Service has issued a severe thunderstorm, tornado, heat advisory, cold advisory, or a winter storm warning for Cole County, Missouri and the animal is being held in violation of this section. 2. Process for seizure: If the director has probable cause to believe that a owner or person in charge of any animal is in violation of the this section and the animal is in danger of a life-threatening health condition, the director or designee may impound and place in the City Animal Shelter any animal in danger after reasonable effort to notify the owner and allowing the owner the opportunity to correct the violation. If such animal is impounded, the director shall notify the owner thereof of the impoundment of such animal. 3. Costs. Any animal impounded pursuant to this section will be subject to normal City Animal Shelter procedure for impounded dogs. 4. Post Deprivation Hearing. Any owner whose animal has been seized pursuant to the procedures found in this section may request a hearing before the director to review the decision to seize the animal or the costs assessed in Sec. 5-15, subparagraph (H)(3) above. Such request must be made in writing within ten (10) days of the seizure on a form to be prescribed by the director. If such a request is made, the director shall promptly set a hearing on the matter. The hearing shall be conducted by the director or designee. The purpose of the hearing shall be to determine whether the procedures of this section have been followed. In determining whether the procedures have been followed the director may consider all relevant evidence, including the size, breed,and health of the dog as well as the efforts made to contact the owner. The director shall issue a decision in writing within twenty (20) days of the date of the hearing. The director may affirm, overturn, or modify the assessed costs. Any person aggrieved by a decision of the director may appeal his decision to the Circuit Court of Cole County. Editor's Note:Added language shown thus. Deleted language shown thus. Bill 2015-98 Final Substitute 2-15-16 Page 2 FINAL SUBSTITUTE 2-15-16 PASSED AS AMENDED Section 2. The City Code, Chapter 5 (Animals), Section 5-27 (Right of Entry), is hereby amended as follows: Sec. 5-27. Reserved. Right of cn•ry of director. The director shall have the right of entry to any property or premises within the city for the purpose of Section 3. This Ordinance shall be in full force and effect from and after the date of its passage and d approval. Q Passed: 9' , /c3 )-0 /6 Approved: him 1(0,)o,' Presiding Officer c� Mayor Carrie Tergin U r��• A • ST: APPR ED AS TO FORM: ��y Cler_'` = - City (�dunselortt Editor's Note:Added language shown thus. Deleted language shown thus. Bill 2015-98 Final Substitute 2-15-16 Page 3