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HomeMy WebLinkAbout38.21 · ORDINANCE NO. 38.21 AN ORDINANCE OF THE CITY OF SARATOGA ADDING DIVISION 2.5 TO ARTICLE I~OF'CH~PTER 8 OF THE SARATOGA CITY CODE RELATING TO ANIMAL MAINTENANCE The City COuncil~of the..City of Saratoga does hereby ordain as follows: Section 1: Division' 2.57 is'hereby added to'Article I of Chapter 8 of the Saratoga City Code, which chapter is entitled "Health and Sanitation", which Division 2.5, with all its.sections and subsections, reads as follows: Division 2.5 - Animal Maintenance. Section 8-15.1. The provisions of this division shall be in addition to, and not in lieu of, any other regulations containad in any other provision of this Code, in the Zoning Ordinance, or in any other ordinance of this City. The owner of every animal shall have the duty to keep and maintain such animal in a healthy and sanitary condition, and shall have the duty to supply such animal with food, water, and suitable shelter. All animal enclosures and shelters shall be kept in alclean and sanitary condition, and free from all noxious odors or substances. The keeping of any 'an~ma~ ~ su~h~.aima~ner as to create unhealthful or unsanitary conditions is hereby prohibited'and 'declared=-to be a public ~I nuisance. Section 8-15.2. The following conditions shall constitute evidence of lack of sanitary conditions for the keeping and maintenance Of animals: (a) The presence of an unusual number of flies in the vicinity of any enclosure or premises where animals are kept. (b) Anyunnedessary accumulation of debris, refuse, manure, droppings or other removal ~material upon any surface in the vicinity of any enclosure or premises where animals are kept. (c) The presence of any obnoxious odors arising from any condition existing within the enclosure or premises where animals are kept. (d) The unnecessary existence of'dust within the enclosure where animals are kept. -1- Section 8-15.3 Upon receipt of a written declaration by three or more persons having separate residences or regularly employed in the neighborhood, containing facts evidencing the existence of a violation of this division, or a violation of sub-section (g), Section 3.2, or sub-section (g), Section 5.2, of Ordinance NS-3, the appropriate enforcement official of the City shall investigate such complaint. In addition to the foregoing, such enforcement official may initiate an investigation without the receipt of any such written complaint if he has reasonable cause to believe any such violation may constitute a public nuisance. Section 2: If any section, subsection, sentence, clause or phrase of this ordinance is for any reason held by a court of competent jurisdiction to be invalid, such decisions shall not affect the validity of the remaining provisions of this ordinance. The City Council of the City of Saratoga hereby declares that it would have passed this ordinance and each section, subsection, sentence, clause and pharese thereof, irrespective of the fac~ that any one or more sections, subsec- tions, sentences, clauses or phrases be held invalid or unconsti- tutional. Section 3: This ordinance shall take effect and be in full force and effect thirty (30) days after the date of its passage and adoption. The above and foregoing ordinance after public hearing held thereon by the Planning Commission of the City of Saratoga was thereafter introduced, and public hearings held thereon by the City Council of the City of Saratoga and was thereafter passed and adopted on the ~lstday of ~, 1968, by the following vote: AYES: Councilmen Tyler, Smit~, Dwyer, Senders NOES: None ABSENT: Councilman Robbins ATTEST:~' "~ '-2-