§ 90.066 INSPECTIONS.

   (A)   Upon initial registration, annual renewal, or any updated registration, each beekeeper must allow for an inspection by the Animal Control Officer of the site.

   (B)   Upon prior notice to the owner of the apiary site, city staff or Animal Control Officer shall have the right to inspect any apiary, in accordance with § 10.20.

   (C)   In the case of a complaint regarding the apiary, the apiary site may be inspected without prior notice.

   (D)   The Animal Control Officer or designated city staff may refuse to grant or revoke a license if the honey bees become a nuisance as determined by the city or the Animal Control Officer.

(Prior Code, § 6-8-7) (Ord. 634, passed 4-11-2016)

§ 90.067 APPEAL AND HEARING PROCEDURE.

   (A)   Registrations issued under this section may be denied, revoked, or non-renewed due to any of the following:

      (1)   The keeping of honey bees in a manner which constitutes a nuisance to the health, safety, or general welfare of the public as determined by the Animal Control Officer;

      (2)   Fraud, misrepresentation, or a false statement contained in the registration application or during the course of the registered activity; and/or

      (3)   Any violation of the applicable provisions in this subchapter.

   (B)   (1)   Notice of approval, denial, revocation, or non-renewal must be made in writing to the registrant and to any person opposing the application for initial registration specifying the reason(s) for the action.

      (2)   The registrant or any person opposing the application may request a hearing with the City Council within 14 days of the date of the notification letter.

(Prior Code, § 6-8-8) (Ord. 634, passed 4-11-2016)

TRAPPING

§ 90.080 PURPOSE.

   It is the purpose of this subchapter to preclude the potential harm that may be inflicted upon people, particularly children, and to prevent the maiming, unselective catching, and destruction of wild animals and birds and domestic animals that come in contact with traps.

(Prior Code, § 7-8-1)

§ 90.081 DEFINITIONS.

   For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

   TRAP. Any mechanical device or snare which seeks to hold, capture, or kill an animal.

   TRAPPING. The setting or laying or otherwise using of a trap in the platted residential areas and parks of the city.

(Prior Code, § 7-8-2)

§ 90.082 VIOLATIONS.

   Trapping in all areas within the city, including parks areas, is prohibited.

(Prior Code, § 7-8-3) Penalty, see § 90.999

§ 90.083 EXCEPTIONS.

   (A)   The provisions of this subchapter do not apply to the use of any trap specifically designed to kill rats, mice, gophers, or moles.

   (B)   The provisions of this subchapter do not apply to the use of cage type live traps employed for the control of nuisance animals as long as the traps are tended each 12 hours.

   (C)   The provisions of this subchapter do not apply to representatives of the city, county, or state who may, in the course of their duties, be required to use a trap to trap, snare, kill, or otherwise restrain the free movement of any wildlife, animal, or bird for humane or authorized purposes.

   (D)   The provisions of this subchapter do not apply to teachers trapping for educational programs or scientists for the purpose of studying animals, wildlife, or birds which will be returned to their natural environment uninjured.

(Prior Code, § 7-8-5) (Ord. 204, passed 2-11-1991)

§ 90.999 PENALTY.

   (A)   Any person violating any provision of this chapter for which no specific penalty is prescribed shall be subject to § 10.99 of this code of ordinances.

   (B)   Whoever violates § 90.017 shall be guilty of a misdemeanor.

   (C)   Any person who violates § 90.024, a county ordinance, or state law applicable to dangerous and potentially dangerous dogs shall be guilty of a misdemeanor.

(Prior Code, § 6-2-25)

   (D)   Any person who maintains a kennel without first obtaining a license therefor in violation of § 90.025 shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished not more than the maximum penalty for a misdemeanor as prescribed by state law.

(Prior Code, § 6-2-26)

   (E)   Any person violating any provision of §§ 90.080 through 90.083 is guilty of a misdemeanor and, upon conviction, shall be punished not more than the maximum penalty for a misdemeanor as prescribed by state law.

(Prior Code, § 7-8-4)

(Ord. 358, passed 1-8-2001; Ord. 511, passed 4-12-2010)