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(A) Nuisance.
(1) The keeping of an unlimited number of dogs and cats in the village for a considerable period of time detracts from and, in many instances, is detrimental to the healthful and comfortable life for which such areas were created. The keeping of an unlimited number of dogs and cats is, therefore, declared to be a public nuisance.
(2) For the purpose of this division (A), the following definitions shall apply unless the context clearly indicates or requires a different meaning.
CAT. Any feline, regardless of age or sex.
DOG. Any canine, regardless of age or sex.
(B) Number of dogs and cats limited.
(1) It shall be unlawful for any person or persons to keep more than five dogs or five cats within the village, with the exception that a litter of pups, a litter of kittens or a portion of a litter may be kept for a period of time not exceeding five months from birth.
(2) The provisions of this section shall not apply to any establishment wherein dogs or cats are kept for breeding, sale, sporting purposes or boarding.
(C) Keeping stray animals. It shall be unlawful for any person in the village to knowingly and intentionally harbor, feed, keep in possession by confinement, or otherwise, any stray animal which does not belong to him or her unless he or she has, within 24 hours from the time such animal came into his or her possession, notified animal services of his or her intentions to either surrender the stray animal to animal services or advertise such stray animal in the local newspaper with the most circulations of five consecutive days. If the individual holding the stray animal selects to advertise the animal and the prior owner does not respond by the tenth day, the individual who has advertised shall be deemed the legal owner. If the advertisement has not started within 72 hours, animal services require that the animal be surrendered to an authorized representative of animal services. It shall be unlawful for any person to refuse to surrender any such stray animal.
(Prior Code, § 14-207) Penalty, see § 90.99
URBAN CHICKENS
For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
CHICKEN. A member of the subspecies gaiius galius domesticus, a domesticated fowl.
PERMITTED TRACT OF LAND. The tract of land as identified by the application upon which a permit is granted for keeping chickens pursuant to this subchapter.
PERMITTEE. An applicant who has been granted a permit to raise, harbor or keep chickens pursuant to this subchapter.
PERMITTING OFFICER. The Mayor or his or her designee.
TRACT OF LAND. A property or a zoned lot that has one single-family dwelling located on that property or zoned lot.
URBAN CHICKEN. A chicken kept on a permitted tract of land pursuant to a permit issued under this subchapter.
(Ord. 1765, passed 11-21-2016)
(A) Permit required. No person shall raise, harbor or keep chickens within the village limits without a valid permit obtained from the Permitting Officer under the provisions of this subchapter. Permits are issued for a period of one year and must be renew annually.
(B) Application. In order to obtain a permit, an applicant must submit a completed application on forms provided by the Permitting Officer, and pay all fees required by this subchapter. The application fee is $10.
(C) Requirements. The requirements to the receipt of a permit include:
(1) All requirements of this subchapter are met;
(2) All fees, as may be provided for from time to time by the Board of Trustees' resolution, for the permit are paid in full;
(3) All judgments in the village's favor and against the applicant have been paid in full;
(4) The tract of land to be permitted shall contain on one single family dwelling occupied and used as such by the permittee; and
(5) The applicant has provided written notice to the residents of all immediately adjacent dwellings of the applicant's intent to obtain a permit.
(D) Issuance of permit. If the Permitting Officer concludes as a result of the information contained in the application that the requirements for a permit have been met, then the Officer shall issue the permit.
(E) Denial, suspension, revocation, nonrenewal. The Permitting Officer may deny, suspend, revoke or decline to renew any permit issued for any of the following grounds:
(1) False statements on any application or other information or report required by this section to be given by the applicant;
(2) Failure to pay any application, penalty, reinspection or reinstatement fee required by this section or Board of Trustee resolution;
(3) Failure to correct deficiencies noted in notices of violation in the time specified in the notice;
(4) Failure to comply with the provisions of an approved mitigation/remediation plan by the Permitting Officer, or designee; or
(5) Failure to comply with any provision of this subchapter.
(F) Notification. A decision to revoke, suspend, deny or not renew a permit shall be in writing, delivered by ordinary mail or in person to the address indicated on the application. The notification shall specify reasons for the action.
(G) Effect of revocation, and the like. When an application for a permit is denied, or when a permit is revoked, the applicant may not reapply for a new permit for a period of one year from the date of the denial or revocation.
(H) Appeals. No permit may be denied, suspended, revoked or not renewed without notice and an opportunity to be heard is given the applicant or holder of the permit. In any instance where the Permitting Officer has denied, revoked, suspended or not renewed a permit, the applicant or holder of urban chicken may appeal the decision to the Mayor, or designee other than the Permitting Officer within ten business days of receipt by the applicant or holder of the permit of the notice of the decision. The applicant or holder of the permit will be given an opportunity for a hearing. The decision of the officer hearing the appeal, or any decision by the Permitting Officer which is not appealed in accordance with this subchapter shall be deemed final action.
Penalty, see § 90.99
(Ord. 1765, passed 11-21-2016; Ord. 1774, passed 2-6-2017)
Permits will be granted only to permittees legally occupying single-family dwellings within any zoning district in the village, an are specific to said single-family dwelling and not transferrable.
(Ord. 1765, passed 11-21-2016; Ord. 1774, passed 2-6-2017)
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