Laserfiche WebLink
Sec. 6.014. Unabated nuisances. <br /> (a) A"continuing public nuisance" is defined as a public nuisance that,after notice as described in subsection (c) <br /> to the owner of an animal(s) or person in control of an animal(s),continues unabated as determined by the <br /> animal services manager. <br /> (b) The animal services manager, or designee, may determine that a public nuisance exists through an <br /> investigation of any reported or perceived public nuisance,and may interview witnesses or conduct such <br /> hearings as determined necessary,formally or informally.The determination shall be made based on the <br /> necessity to preserve the public health,safety and welfare of the community. <br /> (c) Upon such determination,the animal services manager,or designee,shall notify the animal owner or the <br /> person in control of the animal(s).This notice shall be in writing and shall contain a statement that such <br /> person has a right to appeal.The notice shall set forth the noncompliance and order the owner to abate the <br /> public nuisance described in such notice within seven days. Notice of a public nuisance shall include, but not <br /> be limited to,written notice of the existence of a public nuisance delivered by personal service,certified <br /> mail, return receipt requested,or left at the entrance to the premises where the animal(s) is harbored.A <br /> notice that is mailed is deemed received five days after it is placed in a mail receptacle of the United States <br /> Postal Service. <br /> (d) If such owner fails or refuses to comply with the demand for compliance in the notice within seven days of <br /> such notice or publication the animal services manager,or designee, may order the abatement of the public <br /> nuisance by one of the following means: <br /> (1) Impoundment of the animal(s)that is the source of the continuing public nuisance and the adoption of <br /> the animal(s)as provided in this chapter, except that the owner, his agents or representatives,or <br /> family members may not adopt the animal(s)adjudged a continuing public nuisance; <br /> (2) Impoundment and humane destruction of the animal(s)that is the source of the continuing public <br /> nuisance:or <br /> (3) Exclusion from the city limits of San Marcos an animal(s)determined to be a continuing public <br /> nuisance. <br /> (e) An owner or person in control of the animal(s), not later than seven days after the date such person is <br /> notified that an animal is a continuing public nuisance, may appeal the determination of the animal services <br /> manager to the San Marcos Municipal Court of Record. Upon receiving an appeal,the municipal court shall <br /> hold a hearing. Based upon the record evidence of such hearing,the court shall make a final finding. <br /> (f) The owner or person in control of the animal(s)determined to be a continuing public nuisance shall remove <br /> such animal(s)from the city within 48 hours of an unsuccessful appeal.The failure to remove such animal(s) <br /> shall be an offense and each day thereafter that such person fails to remove such animal(s)shall constitute a <br /> separate offense. If the owner or person in control of such animal(s)fails to remove such animal(s)as <br /> provided for by the order of the animal services manager or the court,such animal(s)may be impounded <br /> and put up for adoption in accordance with subsection (d)of this section or humanely destroyed. <br /> (g) The owner or person in control of such animal(s) must report the disposition and exact address or relocation <br /> of such animal(s)to the animal services manager in writing within ten days after the expiration date for <br /> removal of such animal(s)from the city. Failure to report the disposition and address of such animal is an <br /> offense,and each day thereafter that such information is not provided shall constitute a separate offense. <br /> (h) The animal services manager, or a designee,shall be authorized, after due process,to obtain a search and <br /> seizure warrant for the purposes of enforcing this section. <br /> (Ord. No. 2008-62, §3, 12-18-08) <br /> Created: 2022-03-03 11:27:11 [EST] <br /> (Supp.No.34,Update 4) <br /> Page 15 of 40 <br />