Agenda - Council - 06/23/2015 - Laserfiche WebLink

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It is the intent of this article to establish regulations that will allow as a conditional use the keeping of wild animals, with a wild animal liccnscconditional use permit in certain zoning districts. The city recognizes that wild animals require special handling to ensure that the health, safety and welfare of the public is protected and all land use conflicts are minimized (Code 1978, § 5.09.06, subd. 1; Ord. No. 87-08) Sec. 10-122. - Enforcement. (a) Impoundment. In addition to the penalties imposed in section 10-120, a person in violation of this article may be subject to having the wild animals in question impounded, or destroyed. Owners in violation of this article will have ten days to correct the violation and redeem a wild animal. The owner is responsible for all costs incurred by the city to capture, keep and/or destroy a wild animal. If a wild animal is not redeemed, the city will dispose of such wild animal in any manner it deems necessary such as, but not limited to, selling, destroying, or donating to an appropriate organization or agency. (b) Rabies. A wild animal capable of transmitting rabies which has been known to have bitten a person shall be quarantined and observed for rabies under the direction of a licensed veterinarian for a period of time and in facilities determined to be adequate by that veterinarian and the city. If a wild animal is proven to be rabid, the wild animal shall be destroyed. If a wild animal is proven to not be rabid by a licensed veterinarian, it will be returned to the owner. (c) Enforcement authority. Enforcement officers shall have the right to destroy a wild animal posing an immediate threat of serious harm to any person, livestock or house pet. (Code 1978, § 5.09.06, subd. 9; Ord. No. 87-08) Sec. 10-123. - Inspection and revocation of licenses or variance,conditional use permit. The city may at any time inspect the lot and structures where a wild animal is kept to determine if the liccnsc and/or variancoconditional use permit, and the conditions and restrictions of that liccnsc or varianceconditional use permit are being strictly adhered to. The city may require an inspection upon renewal of a wild animal licensereasonable request and shall reserve the right to have said inspection performed by an approved and qualified consultant. (Code 1978, § 5.09.06, subd. 7; Ord. No. 87-08) Sec. 10-124. - Nonconforming uses. A person lawfully keeping wild animals within the city upon the effective date of the adoption of the ordinance from which this article is derived, who does not conform to the provisions of this article, shall be given 30 days to comply or submit application for the necessary varianccspermits. (Code 1978, § 5.09.06, subd. 8; Ord. No. 87-08) Sec. 10-125. - Variances. (a) Variance and review criteria. Where the city finds that extraordinary hardships or practical difficulties may result from strict compliance with the provisions of this article, and the purposes of this article may be served to the same or greater extent by an alternative proposal, the city may approve variances to this article so that substantial justice may be done and the public interest secured, provided that: (1) Such a variance shall not have the effect of nullifying the intent and purpose of this article; and (2) The city shall not approve variances unless, based upon the evidence presented to it, it finds that: Page 19