Ord 2008-062 - Laserfiche WebLink

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(d) If such owner fails or refuses to comply with the demand for compliance in the notice within • seven (7) davs 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) adtudged 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 (7) 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 forty-eight (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. 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 (10) 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. Section 6.015. Filing of False Claims or Reports. (a) A person commits an offense if he knowingly initiates, communicates. or circulates a claim of ownership for an animal with an Animal Control Officer that he knows is false or baseless. (b) A person commits an offense if he knowingly initiates, communicates, or circulates a report • of a violation of city ordinance or state or federal law to an Animal Control Officer he knows is false or baseless. Section 6.016. Number of Animals at Residences Multi-Pet Permit.