HomeMy WebLinkAboutO-1123ORDINANCE NUMBER 1123
AN ORDINANCE TO PROTECT THE PUBLIC SAFETY, HEALTH AND
WELFARE BY PRESCRIBING REGULATIONS FOR THE ABANDONMENT OF
ANIMALS WITHIN FAIRHOPE CORPORATE LIMITS
E IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAIRHOPE,
LABAMA, AS FOLLOWS:
n 1. It is unlawful to abandon any animal in Public Areas or Private Property
within Fairhope corporate limits. Abandonment shall not include surrender
of any Animal to the Fairhope City Animal Shelter or the transfer of the
Animal's care to the veterinarian, boarding facility or other mutually
consenting responsible party.
2. Definitions:
1. Abandon - leave or place an animal without transferring responsibility for
the care of the animal to a responsible party.
2. Public Area - parks, piers, marinas, landfill, recreational areas, civic
buildings, city properties or public streets.
3. Private Property - any area in Fairhope that is not owned or administered by
the City of Fairhope.
4. Animal - Any non -human including, but not limited to: dogs, cats, rodents,
reptiles, waterfowls, barnyard fowls, birds, and live stocks.
3. Enforcement:
The Animal Control Department, Animal Control Officer or any law
enforcement officer acting on behalf of the City may enforce the ordinance.
4. Penalties for conviction of ordinance violation:
First Offense - $100.00 fine, and 30 hours community service with a local
humane organization.
Second Office - $250.00 fine, 30 hours community service with a local
humane organization and 3 days (three) confinement in the city jail.
Third Offense - (Habitual offender) - $300.00 fine, 40 hours community
service with a local humane organization and 7 days (seven) confinement in
the city jail
st:
Ordinance No. 1123
Abandonment of Animals
Page -2-
5. Disposition of the Abandoned Animal:
Regardless of any conviction, the abandoned animal will be placed with a
local humane organization or the City's Animal Shelter, as deemed
appropriate. Every attempt will be made by these groups to place the
animal in a property home. If the animal is not adoptable after a reasonable
amount of time, the animal will be humanely euthanized.
6. Other Laws, Ordinances:
To the extent that Abandonment of Animals within Fairhope Corporate
Limits constitutes violation of other laws and ordinances of the State of
Alabama or Baldwin County, the law or ordinance with the more stringent
penalties will apply.
7. Severability Clause:
If any part, section of subdivision of this ordinance shall be held
unconstitutional or invalid for any reason, such holding shall not be
construed to invalidate or impair the remainder of this ordinance, which
shall continue in full force and effect notwithstanding such holding.
8. Effective Date
This ordinance shall take effect immediately upon its due adoption and
publication as required by law.
ADOPTED THIS THE 14th DAY OF May 2001
W. Johnson, City
M.