SBACC Special Committee Meeting Minutes and final document (2)

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person who violates this section shall be punishable as provided in section 103-3 of this Code; provided, however, a fine imposed for any such violation shall not be less than fifty dollars ($50.00). (Ord. XXXXXX) Penalty, see § 5.999 5.0253 OFFENSIVE USE OF ANIMAL. It shall be unlawful in the city for a person willfully to deposit a live or dead animal upon public or private premises not owned by that person, or willfully to throw a live or dead animal against any other person, or aid or abet another person in doing so. (Ord. XXXXXX) Penalty, see § 5.999 § 5.026 ABANDONMENT. It shall be unlawful for a person to abandon or cause to be abandoned any animal on public or private property in the city, and a violation of this section shall be punishable as provided in section 5.999 of this Code; provided, however, a fine imposed for any such violation shall not be less than five hundred dollars ($500.00). Actions taken by colony caretakers in accordance with this chapter shall not be considered abandonment of an animal. (Ord. XXXXXX) Penalty, see § 5.999 § 5.027 TRAPPING. Animal traps; requirements and prohibitions. Managed free-roaming cats. (1.)It shall be unlawful for a person to use, place, set or cause to be used, placed, or set any leg-hold trap or similar device upon any land or waters in the city. (2.)It shall be unlawful for a person to use, place, set or cause to be used, placed or set any snare, net or other device which causes the trapping or capturing of any animal in any manner by which the animal is not either captured painlessly or killed instantly upon any land or waters in the city. (3.)It shall be unlawful for a person, having placed a lawful trap, snare or similar device in the city, to capture wildlife, to fail to inspect and empty it at least once during every twenty-four-hour period. (4.)It shall be unlawful for a person, having placed a lawful trap, snare or similar device in the city, to capture free- roaming cats for the purpose of trap, neuter, return or other medical care, to fail to inspect and care for the captured free-roaming cat a minimum of every two hours to ensure the safety of the cat(s). (5.)It shall be unlawful for a person to remove an animal in the city from any trap not on the person's property, unless such person has the express permission of the property's owner to do so (6.)The animal care and control division or its designee, in order to encourage the stabilization of the free-roaming cat population in the city, may: a.Trap any free-roaming cat in a humane manner; b.Have the cat surgically sterilized, ear-tipped, and vaccinated against rabies by a licensed veterinarian; and c.Release the cat to animal care and control for adoption or other disposition in accordance with law, or to a colony caretaker who will maintain the cat as part of a managed colony of community cats. Cat must be returned as close as possible to its location of capture. (7.)The enforcement authority may impound free-roaming cats in violation of this chapter and dispose of the cats in accordance with Section 5.107. Any community cat impounded by the enforcement authority that bears an appropriate ear-tipping indicating it belongs to a managed colony shall be returned to its managed colony unless illness or injury presents imminent danger to the animal. (8.)Traps discovered by the Department of Animal Control to have been unlawfully set in the city may be seized. (Ord. XXXXXX) Penalty, see § 5.999 § 5.028 PUBLIC NUISANCE ANIMALS. No person shall own or harbor a public nuisance as defined in this chapter. (Ord. XXXXXX) Penalty, see § 5.999