Ord 2022-096 amending Chapter 6, Animals, of the San Marcos City Code to amend definitions, delegate authority for department to waive or reduce fees

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