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HomeMy WebLinkAboutO-1169e �e a) U L Z V a oc Z a,. o� Z© ac O u. O ORDINANCE NO. 1169 AN ORDINANCE TO PROHIBIT THE CHAINING OR TETHERING OF DOGS AND MANDATING THAT DOG ENCLOSURES MUST PROVIDE 150 SQUARE FEET OF SPACE FOR DOGS OVER SIX MONTHS OF AGE BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA, AS FOLLOWS: Section 1. Any person owning and/or controlling dogs whether vaccinated or unvaccinated, licensed or unlicensed, shall not allow said animal to be tied or chained to dog houses, or other stationary objects. Section 2. No person shall, at any time, fasten, chain, or tie any dog or cause such dog to be fastened, chained or tied while such dog is on the dog owner's property or on the property of the dog owner's landlord, or on any property within the corporate limits of the City of Fairhope. Section 3. Any dogs confined within a fenced yard must have an adequate space for exercise based on a dimension of at least 150 square feet per dog. Provided, further that where dogs are kept or housed on property without a fenced yard, the owner of such dogs or persons having custody of such dogs shall provide an enclosure for such dogs meeting the 150 square foot per dog dimension. Such enclosure shall be constructed of chain link or similar type materials with all four sides enclosed. The enclosure shall be sufficient height to prevent the dog from escaping from such enclosure, and shall meet the requirements of the Alabama animal rights protection act 13A-11-241. Section 4. Nothing in this ordinance shall be construed to prohibit owners or others walking dogs with a hand held leash. Section 5. Nothing in this ordinance shall be construed to prohibit owners from allowing dogs to be attached to over head runs (i.e. leash or chain attached to an over head wire at least 10 feet long, that allows the dog to move unheeded.) Section 6. Any person, firni or corporation will have thirty (30) days after written notification to comply. Any person, firm or corporation failing to comply with the provisions of this Ordinance will be deemed to have committed a misdemeanor and upon such conviction thereof' shall be punished as prescribed in Section 1-8 entitled "General Penalty" of the Fairhope Code of Ordinances. Section 7. All ordinances or parts of ordinances in conflict herewith are to the extent of such conflict repealed. Section 8. In the event that any provision or application of this Ordinance shall be held to be invalid, it is the legislative intent that the other provisions and applications hereof shall not thereby be affected. Section 9. This Ordinance shall take effect immediately upon its due adoption and publication as required by law. ADOPTED THIS THE 12`" DAY.QF May 2 Tin thy . Kant,)Mayor Attest: Genicce W. Johnson, City erk