HomeMy WebLinkAbout71.158 ORDINANCE NO. 71- ] 5R
AN ORDINANCE OF THE CITY OF SARATOGA
AMENDING SECTION 7-20.210 OF THE CODE OF THE
CITY OF SARATOGA RELATING TO ANIMAL CONTROL
The City Council of the City of Sara~0ga hereby ordains as follows:
Section 1: Section 7-20.210 of the Code of the City of Saratoga is
hereby amended by revising subsections (b), (g) and (h) and adding
subsection (m), to read as follows:
~(b) Application. An application for a license to operate an animal
establishment, as described in subsection {a} of this Section, shall be made
in writing on a form approved by the City Manager, and shall be accompanied
by an application fee in such amount as set by resolution of the City
Council. The applicant shall furnish a list of the types of animals to be
maintained, used or kept at the establishment, together with the approximate
number of animals of each type. Not later than ten business days after
receipt of the application by the City Manager, the premises for which the
license is requested shall be'examined by the City Manager or his designee.
No license shall be issued or renewed unless and until all applicable
regulations set forth in this Article or elsewhere in this Code, are
complied with.
(g) Renewal of license. An animal establishment license may be renewed
upon application to the City Manager, received prior to the expiration date
of the license, accompanied by such documents as the City Manager may
require and a renewal fee in such amount as set by resolution of the City
Council. The City Manager shall have authority to renew the license for a
period not exceeding one year if he determines that all of the findings set
forth in Subsections (c), (d) and (e} can still be made and the applicant
has fully complied with all of the conditions of the license. The City
Manager may, in his discretion, conduct an administrative hearing on the
renewal application, in which event the same procedure shall be followed as
in the case of an application for an original permit.
(h) Denial or revocation of license. The City Manager may deny or revoke
any license issued pursuant to this Article in the following situations:
(1) Whenever determined by inspection that an animal establishment
fails to meet any of the conditions of the permit, this Article, or
applicable State Law.
(2) Whenever there is reason to believe that the applicant or the
licence holder has willfully withheld or falsified any information required
for the license.
{3) If the ~pplicant or licence holder has been convicted by a court
of law of any violations in a twelve month period of this Article, or State
laws relating to animals or public nuisance caused by animals, or has been
convicted of cruelty to animals in this or any other state with the previous
five years. For the purposes of this Section, a bail forfeiture shall be
deemed to be a conviction of the offense charged.
(m) Hearing on granting an animal establishment license for a private
kennel. In addition to all the other requirements of this Section an
application for a private kennel license shall be subject to a hearing
,
before the City Manager. The hearing shall be conducted according to
Section 7-20.120 with the following additional requirements:
(1) Written notice of the time and place of the hearing shall be
mailed to the owners of all properties which abut or adjoin the property
proposed to be used as a private kennel at least ten days prior to the date
set for the hearing.
(2) The decision of the City Manager shall be supported by the weight
of the evidence and shall be final unless appealed to the City Council as
provided in Article 2-05 of this Code.
(3) In reaching a decision to approve, conditionally approve, or deny
the application, the City Manager shall take into account:
(i) all of the provisions of this Section 7-20.210;
(ii) all of the provisions of Section 15-11.020(h), regardless of
the applicable zoning district; and
(iii)the history of the property and the applicant in terms of
keeping animals, including the code enforcement history."
Section 2: This ordinance shall be in full force and effect thirty
(30) days after its passage and adoption.
Section 3. Severability.
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 or unconstitutional, such decision shall not affect the validity of
the remaining portions 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 phrase thereof, irrespective of
the fact that one or more section, subsections, sentences, clauses or
phrases may be held invalid or unconstitutional.
The above and foregoing Ordinance was regularly introduced and after
the waiting time required by law, was thereafter passed and adopted at a
regular meeting of the City Council of Saratoga held on the ~h day of
December , 1995, by the following vote.
AYES: Councilmembers Burger, Moran, Tucker, Wolfe & Mayor Jacobs
NOES: None
ABSENT: None ~~
MAYOR
ATTEST:
City Clerk
The above and foregoing i a true and correct
J:\WPD\MNRSW\273\ORD\/LNIMAL.CLN copy of Ordinaric~ "~/-L2-']~/-~a which has been
published according to law, ,