HomeMy WebLinkAboutO-1440ORDINANCE NO. 1440
AN ORDINANCE TO AMEND AND ADD TO CHAPTER 5,
ANIMALS AND FOWL, SECTIONS 5-30 AND 5-31,
FAIRHOPE CODE OF ORDINANCES
BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE,
ALABAMA, as follows:
Section 1. The Code of Ordinances, City of Fairhope, Alabama, Chapter 5, Animals and
Fowl, Sections 5-30 and 5-31, are hereby amended to reflect the following
changes and additions:
Section 5-30. Disposition of unredeemed animals.
Amend the following:
When an impounded animal has not been redeemed within seven (7) days after impoundment or
Notification of impoundment to an owner, the animal control officer may, at his discretion, sell
animal, provided the purchaser complies with the requirements for inoculation and licensing,
and the purchaser shall be vested with legal title to the animal, or such officer may elect to
either destroy the animal in a humane manner or may allow a local humane society to destroy
the animal.
Add the following:
When a licensed veterinarian opines that an in custody canine or feline is in such great pain or
degree of lameness that it cannot be expected to have a good quality of life, said animal may be
euthanized before the mandatory waiting period seven (7) days. The animal control officer,
veterinarian, Department Head, nor the City of Fairhope can be held liable for this decision.
Section 5-31. Nuisance.
Amend the following:
In addition to other prohibitions in this chapter, it shall be unlawful for any person to bring,
keep or maintain within the City any warm -bloodied or cold -bloodied animal is such manner as
to constitute a nuisance.
Section 2. The sections, paragraphs, sentences, clauses and phrases of this ordinance are
severable, and if any phrase, clause, sentence, paragraph or section of this
ordinance shall be declared unconstitutional by a court of competent
jurisdiction, then such ruling shall not affect any other paragraphs and
sections, since the same would have been enacted by the municipality council
without the incorporation of any such unconstitutional phrase, clause,
sentence, paragraph or section.
Section 3. This ordinance shall take effect immediately upon its due adoption and
publication as required by law.
ADOPTED THIS 11 TH DAY OF OCTOBER, 2010
ATTEST:
i�sa k. flanks, City Clerk