(A) If an owner has violated any provision of this chapter more than two times in a 12-month period, and if the ordinance enforcer, the Chief of Police or such designee, determines, based upon the following criteria, that those violations are a result of excessive animals, the owner shall reduce the maximum number of animals to the number prescribed by the ordinance enforcer. A person commits an offense if the person possesses, harbors, or keeps any number of animals in excess of the number prescribed by ordinance enforcer.
(B) In making a determination of excessive animals, the ordinance enforcer shall consider the following factors:
(1) The size of the property at which the animals are being kept which may include, but is not limited to, the size of any dwelling in which the animals are being kept.
(2) The number of animals present.
(3) The size of each animal.
(4) The apparent physical health of each animal.
(5) The type of each animal.
(6) The owner’s apparent ability to provide care for each animal.
(7) The distance of the owner’s property from neighboring properties.
(8) The history and validity of animal nuisance complaints from neighboring residents.
(C) A person who has been ordered to reduce the number of animals to the number prescribed by the ordinance enforcer may appeal the reduction to the Administrative Review Board, the City Council. If so ordered, the animal number shall be reduced following receipt of the order, even if an appeal is initiated.
(D) The hearings provided for in this section shall be held before, and decided by the Administrative Review Board, the City Council, at a time and place designated by the Board. Based upon the evidence presented at the hearing, the Administrative Review Board, the City Council, shall make a finding and may sustain, modify, or rescind the decision forming the basis of the hearing.
(Ord. 2009-005, passed 2-17-2009; Ord. 2010-004, passed 4-21-2010; Ord. 2012-005, passed 6-19-2012) Penalty, see § 94.99