SBACC Special Committee Meeting Minutes and final document (2)

Home Browse Search

(m) A horse covered by this subchapter which is or becomes lame or suffers from a physical condition or illness making it unsuitable for work shall be removed from work by the rental horse business or may be ordered removed from work by the Department of Animal Control. In the event of a dispute regarding such physical condition or illness, the Department may require that a rental horse be examined by a veterinarian in order to determine its ability to safely work as a rental horse. The cost of any such examination shall be borne solely by the rental horse company. A horse which has been removed from work under this division shall not be returned to work until it has recovered from the condition which caused removal from work, or until such condition has improved sufficiently that its return to work will not aggravate the condition or otherwise endanger the health of the horse. A violation of this section shall be presumed if a horse is found at work in a sick or disabled condition within 48 hours after its removal from work for the same condition which caused such removal. Such presumption may be rebutted by offering a written statement from a veterinarian who examined the horse after the time of removal from work but prior to its return to work, which statement sets out the veterinarian's professional evaluation of the condition and his/her opinion that it was suitable for the horse to return to work prior the expiration of the 48-hour period. This statement shall be carried with the horse during the presumed 48-hour recovery period, and provided to the Department of Animal Control upon request. (n) Saddles, blankets, harnesses, bridles and bits and all other equipment shall be properly fitted to each horse and kept in good repair. (o) Horses shall be kept clean while at work and in the stable. Horses shall be trimmed and shod a minimum of once every six weeks or sooner if necessary. (Ord. XXXXXX) Penalty, see § 5.999 § 5.124 EXCEPTED FROM COVERAGE. Rental horse business as defined in § 5.120 are excepted from coverage under § 5.060 and are governed solely by the licensing provisions of this subchapter. (Ord. XXXXXX) § 5.999 PENALTY. (a) Violators shall be fined as follows: Any person violating any of the provisions of this chapter shall be fined for each offense, in any sum not less than $50 nor more than $2,500 and each day's violation shall constitute a separate offense. (b) Upon finding of violations of this chapter, the court may order relinquishment of an animal(s) deemed to be a public safety risk and/or a repetitive public nuisance that has not been abated or an animal that is a victim of cruelty, neglect, or abandonment, to the Department of Animal Control for disposition. (c) Upon finding an animal dangerous pursuant to § 5.033, the court must order destruction of said animal. Destruction of the animal does not preclude fines for each offense as outlined in division (A) of this section. (d) Upon finding of violation of sections pertaining to animal fighting, public safety, and animal cruelty or neglect, the court may order no animal ownership for a determinate period. The court may mandate counseling in finding violations of cruelty to an animal or animal hoarding. (e) In the event that an animal is retained at the Department of Animal Control because its owner or harborer has been in violation of this chapter, the person redeeming the animal by paying the prescribed fees shall also be required to pay the costs incurred by ACC for impoundment and caring for including but not limited to: 1) surgeries, 2) vaccines, 3) x- rays, 4) medications, exams, lab work, 5) boarding, 6) rescue equipment, and or 7) perishable personal protection equipment. (f) Violations of this chapter may result in immediate impoundment of animal(s). (g) Violation of any provision of this chapter may result in revocation of any permit(s) and may require a re-inspection prior to reinstatement upon approval. (h) Upon finding an owner or harborer guilty of violations for this chapter, the court may order restitution including but not limited to: 1) human medical bills, 2) victim veterinary and/or medical bills, 3) replacement cost of animal, 4) property damage, 5) lost wages, and or 6) counseling or psychological treatment obtained by victim directly related to violation incident.