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City of Stewart - Ordinance Amending

City of Stewart

AN ORDINANCE REPEALING ORDINANCE NO. 171
AN ORDINANCE CHANGING THE NUMBER OF DOGS AND/OR CATS ON THE SAME PREMISES THAT IS ALLOWABLE THAT WAS ADOPTED ON OCTOBER 8, 2018
DUE TO THE PROCESS OF MOTIONING THE APPROVAL

AN ORDINANCE CHANGING THE NUMBER OF DOGS AND/OR CATS ON THE SAME PREMISES THAT IS ALLOWABLE

THE CITY COUNCIL OF STEWART ORDAINS:

TITLE IX: GENERAL REGULATIONS
CHAPTER 91: ANIMALS
Section
91.06 Kennels
SECTION 1: Changing of wordage to the current Subsection 91.06: Kennel Number of dogs and cats in any combination on a single property
§ 91.06 KENNELS. Number of dogs and cats in any combination on a single property

(A) Definition of kennel. The keeping of three five or more dogs and/or cats in any combination on the same premises, whether owned by the same person or not and for whatever purpose kept, shall constitute a “kennel”; except that, a fresh litter of pups or kittens may be kept for a period of three months before that keeping shall be deemed to be a “kennel”.
(B) Kennel as a nuisance. Because the keeping of three five or more dogs and/or cats in any combination on the same premises is subject to great abuse, causing discomfort to persons in the area by way of smell, noise, hazard and general aesthetic depreciation, the keeping of three five or more dogs and/or cats in any combination on the premises is hereby declared to be a nuisance and no person shall keep or maintain a kennel within the city.
(A) The number of dogs or cats in any combination allowable on a single property is three (3)
(B) An owner of more than three (3) dogs or cats in any combination must obtain a variance from the City Council for the allowance of each animal over the allowable three (3)
(C) A variance will be granted to the dog or cat owner fo the number of dogs or cats, not according to the name or species of the dog or cat.
(D) The maximum amount of grandfathered or varianced dogs or cats is 2.
(E) A variance will be granted on a case to case basis.
(F) The Council will grandfather in any licensed dog or cat in any combination to the current dog or cat owner, from the date of the passage of this Ordinance.
(G) If a dog or cat dies, is sold or given away that has been granted a grandfather status or a variance has been granted to the owner, a new variance must be obtained from the City Council prior to any new dog or cat entering the property.
(H) A variance fee is required for each dog or cat in any combination over the (3) three allowed. The variance fee will be stipulated in Title III, Chapter 33: Fee Schedule, Section 33.01: Fee Schedule, which may be amended from time to time.
(I) If an issue arises with a dog or cat owner who has a dog or cat that has been grandfathered in or who received a variance the City Council may order that the grandfathered in status or variance is null and void and the dog or cat owner must remove any dog or cat over the allowable combination and may be fined.
(J) The fine amount shall be stipulated in Title III, Chapter 33: Fee Schedule, Section 33.01: Fee Schedule, which may be amended from time to time.
(K) Any person, firm or corporation who violates this ordinance section shall, upon conviction, be guilty of a misdemeanor. The penalty which may be imposed shall be a sentence of no more than 90 days jail or a fine of no more than $1,000, or both.

SECTION 2: REPEALING ORDINANCES
Any other previous Stewart City Ordinances providing wordage of the number of dogs and or cats on the same premises are hereby repealed.

SECTION 3: PASSAGE AND PUBLICATION
This ordinance shall take force and be in effect from and after its passage and publication.

Adopted by the City Council of Stewart this 11th day of February 2019.

By /s/Jason Peirce
Jason Peirce, Mayor

Attest:
By /s/Ronda Huls
Ronda Huls, City Clerk/Treasurer

(Published in The McLeod County Chronicle February 20, 2019)