Explanation
BACKGROUND:
Both the Health, Sanitation and Safety Code (Title 7) enforced by the Department of Development through its code enforcement section and The Columbus Health Code section 221.05 contain provisions regulating the manner which certain animals including a swine or goat, horse, bovine, rabbit, chicken, turkey, duck, pigeon, and all domestic fowl must be kept, and both require a written permission to keep these animals. This ordinance seeks to resolve this code redundancy by removing the provision contained in Title 7 which authorizes the Director of Development to enforce animal provisions. The Columbus Health Code, which is already more complete, will remain thus authorizing the section with expert registered sanitarians and veterinarians to enforce animal provisions.
FISCAL IMPACT:
No funding is required for this legislation.
Title
To repeal Chapter 711 of the Columbus City Codes, 1959, which currently authorizes the Development Department to enforce provisions dealing with the sanitary boarding of certain animals and animal related issues.
Body
Whereas, it is the objective of the City Of Columbus to provide the most efficient delivery of city services possible to it's neighborhoods; and
Whereas, professional expertise and staff registration related to issues of animal shelter, conditions and sanitation, does not exist in the Department of Development; and
Whereas, such expertise does exist within the Columbus Health Department through its registered Sanitarians and Veterinarians; and
Whereas, Chapter 711 of the Columbus City Codes, 1959, authorizes the Development Department and section 221.05 of the Columbus Health Code authorizes the Health Department to determine and enforce many of the same provisions related to animal boarding, sanitation and conditions which has created a redundancy within the various codes; and
Whereas, a second redundancy exists in the code as Chapter 711 of the Columbus City Codes, 1959, requires citizens to obtain written permission from the Director of Development while Columbus Health Code section 221.05 requires citizens to obtain written permission from the Health Commissioner to keep certain animals; and
Whereas, section 221.05 of the Columbus Health Code contains more specific information and criteria regarding conditions for animal boarding as well as criteria for approving or denying the required written permission than does the Development Department codes; and
Whereas, removing Chapter 711 "Sanitary Maintenance of Animals" from Title 7, Health Sanitation and Safety Code will remove the redundancies from the code yet it will not jeopardize the health, safety or welfare of any person as the provisions will continue to exist in the Columbus Health Code; and
Whereas, the authority and expertise to regulate animal issues rightfully lies with the Health Department; now, therefore,
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:
Section 1. That for the reasons listed in the preamble above, Chapter 711 of the Columbus City Codes, 1959, is hereby repealed.
Chapter 711 SANITARY MAINTENANCE OF ANIMALS
711.01 Purpose.
This chapter governs the responsibility of persons for the sanitary maintenance of animals that may be present in/on any dwelling, dwelling unit, multiple dwelling, business building or premises. (Ord. 858-01 ยงยง 1 (part), 7 (part).)
711.03 Standards Relative to Animals.
(A) No person shall keep any horse, mule, bovine or other large animal in any stable, barn or other structure unless that stable, barn or structure shall have a floor of impervious material and shall be so drained that all fluid excrement or refuse liquid shall be conducted into a city sanitary sewer. All manure and refuse shall be placed in approved tightly covered containers and removed from the premises before the manure and other solid waste becomes offensive. The structure, animals, and premises shall be kept in a sanitary condition so that they shall not become offensive and so that they will not harbor animal or insect pests.
(B) No person shall keep, store, maintain, shelter or care of, at any time, any type of swine or goat, horse, bovine, rabbit, chicken, turkey, duck, pigeon, and all domestic fowl in any pen or enclosure in any premise, lot or parcel of land in the city without written permission from the Director or his or her duly authorized representative. Any person intending to keep such animals must first obtain a permit from the Director or his or her duly authorized representative. The Director or his or her duly authorized representative may revoke such permission at any time for violation of this code or any other just cause.
(C) No person, owning or responsible for bovine, rabbits, sheep, horses, mules, goats, or livestock, or chickens, ducks, geese, turkeys or other domestic fowl, shall permit any of them to run at large.
(D) No person shall allow the house, kennel, runs, yards, or the premises where dogs, cats, or other small animals are kept to become offensive due to unsanitary conditions. Dogs, cats, and other small animals shall not be allowed to create an unsanitary condition.
(E) No person shall place food in the open for feeding of any birds, animals or domesticated fowl except in such containers as will prevent the scattering of such food upon the ground. After such feeding, such food shall not be allowed to remain where it is accessible to rodents. Food for birds, animals, and domesticated fowl shall be stored in such manner as to not be accessible to rodents. Feed for animals, pets and fowl shall not be left in feed pans, troughs, and other feeder containers overnight unless such feeder equipment is made inaccessible to rodents or insects.
Section 2. That this ordinance shall take effect and be in force from and after the earliest period provided by law.