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HomeMy WebLinkAbout2024-04-8809ORDINANCE NO. 2024-04-8809 AN ORDINANCE AMENDING CHAPTER 14 OF THE CODE OF ORDINANCES OF THE CITY OF PADUCAH WHEREAS, the City of Paducah recognizes that urban backyard chickens and other fowl are increasing in popularity and that there is a need for appropriate regulation of said urban backyard fowl to ensure protection of the public health, safety, and welfare; WHEREAS, Chapter 14 of the Paducah Code of Ordinances must be amended in order to better serve the aesthetic and health interests of the City of Paducah and its citizens, NOW THEREFORE, BE IT ORDAINED BY THE CITY OF PADUCAH, KENTUCKY: SECTION A. That the City of Paducah, Kentucky, hereby amends Chapter 14 of the Paducah Code of Ordinances by amending and adding the following sections: Sec. 14-3. - Keeping of fowl; fowl running at -large. (a) It shall be unlawful for any person to keep or maintain any chickens, turkeys, domestic ducks or other domestic fowl within the City unless such fowl be kept in the rear yard of the property within an a fence or other enclosure that prevents the fowl from runnine at large in the streets, public places, or on other private property. Such fowl shall not be within three 1.....,1..,.,1 "^n` one hundred (100) feet of any dwelling house, except the dwelling house of the owner of such fowl. The number of fowl per property should not exceed a total of eight (8) fowl. All pens and enclosures permitted to be kept in the City shall be kept in a clean and irra sanitary condition and in good repair so as to deter pests and shall have proper ventilation as to decrease odors. All pens and enclosures housing fowl within the City shall be open to inspection by the City, County or State officials. (b) It shall be unlawful for the owner or person in possession of any chickens, turkeys, ducks or other fowl to suffer or permit the same to go or run at -large upon any of the streets, alleys, unenclosed lots or grounds in the City. Sec. 14-9. - Penalty. Whoever violates any provision of this chapter for which another penalty is not already otherwise provided shall be guilty of misdemea ncr and shall, upon eefiviction, be subjeet to a fine of not more than $500.00, or imprisemnent for not inefe than thifty (30) days, or , for ewe issued a notice of violation and shall have thirty (30) days to remedy the violation. If the violation is not remedied within thirty (30) days upon follow up inspection the City shall issue a fine of not more than five hundred dollars ($500.00) after which offender shall have an additional thirty (30) days to remedy the violation. If the violation still exists upon follow up inspection sixty (60) days following the initial notice, the violation shall result in additional fine of not more than five hundred dollars ($500.00), abatement pursuant to Sec. 14-11 for any coop, pen, or enclosure in violation of this Chapter, and for any fowl in violation of this Chapter, may result in abatement and impoundment pursuant to Sec. 14-10 or penalty as provided for in Section 50.02(I) of the McCracken County Animal Control Ordinance Number 2004-12. The City shall conduct follow up inspections every thirty (30) days until such time as any violation has been remedied, with each subsequent inspection incurring an additional five hundred dollar ($500.00) fine, not to exceed two -thousand five hundred dollars ($2,500) in total fines for the continuing violation. Notwithstanding the foregoing, a violation of this chapter is declared to be a public nuisance which may be abated by the City or its designated agents and impounded by the McCracken County Animal Control officer pursuant to Sec. 14- 10 and the McCracken County Animal Control Ordinance Number 2004-12 and/or any amendments made to Ordinance Number 2004-12, by restraining order, preliminary and permanent injunction or other means provided by law. The City shall have the right to recover all reasonable costs incurred in bringing any enforcement action under this chapter. Sec. 14-10: Redemption of impounded animals; fees; disposition of unclaimed animals Redemption fees and disposition of impounded and unclaimed animals within the City shall be as set forth in McCracken County Animal Control Ordinance Number 2004- 12 and/or any amendments made to Ordinance Number 2004-12. Sec 14-11. —Abatement of Pens and Coops. Pens, coops, and all other enclosures housing fowl not kept in accordance with the provisions of this chapter may be removed and disposed of by the City Fowl located in pens, coops, and other enclosures at the time of removal shall be subject to Sec 14-10 The City shall have the right to recover all reasonable costs incurred in the removal and disposal of any enclosure housing fowl not in accordance with the provisions of this chapter. Sec. 14-38.- Redemption of impounded animals dogs; fees; disposition of unclaimed ammals-dogs. Redemption fees and disposition of impounded and unclaimed animals dogs within the City shall be as set fat4h in McCracken County Animal Control o dinanee 1 t 2004 t anWer i.amendments ato Ordinance Number 2004 12 as set forth in Sec. 14-10. SECTION B. Compliance with Open Meetings Laws. The City Commission hereby finds and determines that all formal actions relative to the adoption of this Ordinance were taken in an open meeting of this City Commission, and that all deliberations of this City Commission and its committees, if any, which resulted in formal action, were in meetings open to the public, in full compliance with appliable legal requirements. SECTION C. Conflicts. All ordinances, resolutions, orders or parts thereof in conflict with the provisions of this Ordinance are, to the extent of such conflict, hereby repealed and the provisions of this Ordinance shall prevail and be given effect. SECTION D. Effective Date. This Ordinance shall become effective upon summary publication pursuant to K. ATTEST: Claudia S. Meeks, Assistant City Clerk Introduced by the Board of Commissioners, April 9, 2024 Adopted by the Board of Commissioners, April 23, 2024 Recorded by the Claudia S. Meeks, Assistant City Clerk, April 23, 2024 Published by The Paducah Sun, April 25, 2024 ORD 14-3 Fowl Ordinance 4879-6855-6971 Y. 2 - KKI-113 on two separate days and )ter 424.