ANIMALS

Chapter 90   Animals

 

90.02      ANIMALS RUNNING AT LARGE

 

(A)    No person who is the owner of any animal shall permit it to run at lane in the public road, highway, street, lane, or alley, or upon unenclosed land, or permit it to go on any private yard, lot, or enclosure without the consent of the owner of the yard, lot or enclosure.

(B)     The owner of an animal who permits it to run at large in violation of this section is liable for all damages caused by such animal upon the premises of another.

 

DOGS

 

90.19      DOGS RUNNING AT LARGE

 

It shall be unlawful for the owner of keeper of any dog, either licensed or unlicensed, regardless of the age of the dog, to allow the dog to be at large and unattended or to run in any street, park, lawn, garden, schoolyard, playground or on any other public or private property.

 

90.20      NOISE DISTURBANCE

 

No person shall keep or harbor any dog within the city which, by frequent and habitual barking, howling or yelping, creates unreasonably loud and disturbing noises of such a character, intensity, and duration as to disturb the peace, quiet and good order of one or more of the inhabitants of two or more residences.  Any person who shall allow any dog habitually to remain, be lodged, or fed within any dwelling, yard or enclosure, which he occupies or owns shall be considered as harboring the dog.

 

90.21      DUTY OF PEACE OFFICER TO IMPOUND

 

It shall be the duty of every police officer, peace officer and dog warden in the city to apprehend any dog running at large in violation of this chapter and any unlicensed dog in the city, and to impound such dog in the city dog pound or suitable place.  The apprehending official shall make a complete record of each dog apprehended, entering the breed, color, approximate age, and the sex of the dog, and whether licensed.  If the dog is licensed, the apprehending official shall enter the name and address of the owner and the number of the license tag.

 

90.24      OWNING, KEEPING AND MAINTAINING CERTAIN DOGS PROHIBITED

 

(A)     It shall henceforth be unlawful for any citizen of the city to own, maintain and keep dogs of the type and species commonly referred to as pit bulls on their property and anywhere within the corporate city limits of the city.

(B)     (1)  It shall henceforth be unlawful for any citizen of the city to own, maintain and keep any other dog which is obviously vicious in nature within the corporate city limits of the city.  Within the meaning of this division, a vicious dog shall be considered one who has previously attacked a human being, or which has repeatedly exhibited behavior indicating that the dog is dangerous and poses a risk to the safety and well-being to any citizen or resident of this community.

 

 

Chapter 92:  Nuisances

 

92.03    CERTAIN CONDITIONS DECLARED A NUISANCE

 

It shall be unlawful for the owner, occupant, or person having control or management of any land within the city to permit a public nuisance to develop thereon.  The following conditions are declared to be public nuisances:

 

(A)               Dangerous trees or stacks adjoining street.  Any tree, stack, or other object standing in such a condition that it will, if the condition is allowed to continue, endanger the lift, limb, or property of, or cause hurt, damage, or injury to persons or property upon the public streets or public ways adjacent thereto, by the falling thereof or of parts thereof.

 

(B)                Accumulation of rubbish.  An accumulation on any premises of filth, refuse, trash, garbage, or other waste material which endangers the public health, welfare, or safety, or materially interferes with the peaceful enjoyment by owners or occupants of adjacent property because of the danger that it will catch or communicate fire, attract and propagate vermin, rodents, or insects, or blow rubbish into any street, sidewalk, or property of another.

 

(C)               Storage of explosives.  The storage of explosive material, which creates a safety hazard to other property or persons in the vicinity.

 

(D)               Weeds and grass.  The excessive growth of weeds, grass, or other vegetation.  Unless otherwise provided, “EXCESSIVE” shall mean growth to a height of 12 inches or more.

 

(E)                Open wells.  The maintenance of any open, uncovered, or insecurely covered cistern, cellar, well, pit, excavation, or vault situated upon private premises in any open or unfenced lot or place.

 

 

(F)                Trees and shrubbery obstructing streets, sidewalks, and drainage.  The growing and maintenance of trees or shrubbery, which in any way interferes with the use, construction, or maintenance of streets or sidewalks, causes injury to streets or sidewalks, or constitutes an obstruction to drainage.

 

(G)               The keeping of any farm or non-domesticated animal within the city limits is prohibited.  Non-domesticated animals shall be any animal not commonly known or presented as pets either inside or outside the owner’s personal dwelling.  Any domesticated animal kept as a pet outside the owner’s home shall be kept on a leash or within a pen at all times.  Any domesticated animal kept as a pet inside the owner’s home has to be kept on a leash when allowed outside the dwelling. 

 

(H)               Junk; scrap metal; motor vehicles.  The storage of motor vehicles in an inoperative condition, motor vehicles unfit for further use, automobile parts, or scrap metal within the city limits except on premises authorized by the city for such purposes.

 

 

Chapter 34:   PUBLIC RECORDS

 

PROCEDURES FOR REQUESTING PUBLIC RECORDS

 

 

34.05    INITIAL REQUEST WITH IMMEDIATE INSPECTION

 

(A)     Any person desiring to inspect or copy the public records of this city shall make a request for inspection at the office of the City Clerk during regular office hours, except during legal holidays.  The official custodian, or the custodian acting under the authority of the official custodian, may require a request to inspect public records to be in writing, signed by the applicant and with the applicant’s name printed legibly on the application.  A written request to inspect public records may be presented by hand delivery, mail or via facsimile, if one is available.

 

(B)     If the custodian determines that a person’s request is in compliance with this chapter and the open records law, and the requested public records are immediately available, the custodian shall deliver the records for inspection.  A person may inspect public records at the designated office of the city during the regular office hours, or in appropriate cases, by receiving copies of the records through the mail.

 

(C)     If the public records are to be inspected at the offices of the city, suitable facilities shall be made available in the office of the City Clerk or in another office of the city as determined by the official custodian or custodian for the inspection.  No person shall remove original copies of public records from the offices of the city without the written permission of the official custodian of the record.  When public records are inspected at the city offices, the person inspecting the records shall have the right to make abstracts and memoranda of the public records and to obtain copies of all written public records.  When copies are requested, the custodian may require advance payment of the prescribed fee.

 

(D)     Upon proper request, the city shall mail copies of the public records to a person whose residence or principal place of business is located outside of the county after the person precisely describes the public records which are readily available and after the person pays in advance the prescribed fee.

 

 

34.06    REFERRAL TO PROPER CUSTODIAN

 

If the City Clerk does not have custody or control of the public record or records requested, the City Clerk shall notify the applicant and shall furnish the name and location of the official custodian of the agency’s public records.

 

34.07    PUBLIC RECORDS NOT IMMEDIATELY AVAILABLE

 

If the public record is in active use, in storage, or not otherwise available, the official custodian shall immediately notify the applicant and shall designate a place, time and date for inspection or mailing of public records, not to exceed three days (except Saturdays, Sundays and legal holidays) from receipt of the application, unless a detailed explanation of the cause is given for further delay and the place, time, and earliest date on which the public record will be available for inspection or duplication.

 

34.08    REFUSAL OF UNREASONABLE REQUESTS

 

If the application places an unreasonable burden in producing public records, or if the custodian has reason to believe that repeated requests are intended to disrupt other essential functions of the public agency, the official custodian may refuse to permit inspection of the public records or mail copies thereof.  However, refusal under this section must be sustained by clear and convincing evidence.

 

34.09    TIME LIMITATION; DENIAL OF INSPECTION

 

The official custodian, upon any request for records made under this chapter, shall determine within three days (except Saturdays, Sundays, and legal holidays) after the receipt of any request whether to comply with the request and shall notify in writing the person making the request within the three-day period of its decision.  Any agency response denying, in whole or in part, inspection of any record shall include a statement of the specific exception authorizing the withholding of the record and a brief explanation of how the exception applies to the record withheld.  The response shall be issued by the official custodian or under his authority and shall constitute final agency action. 

 

 

34.10    CONCEALING OR DESTROYING RECORDS PROHIBITED

 

No official of the city shall willfully conceal or destroy any record with the intent to violate the provisions of this chapter or these rules and regulations.

 

34.11    ACCESS TO RECORDS RELATING TO PARTICULAR INDIVIDUAL

 

Any person shall have access to any public record relating to him or in which he is mentioned by name, upon presentation of appropriate identification, subject to the provisions of 34.16 of these rules and regulations.

 

34.12    FORMAT OF COPIES

 

(A)     Upon  inspection, the applicant shall have the right to make abstracts of the public records and memoranda thereof, and to obtain copies of all public records not exempted by the terms of 34.16.  When copies are requested, the custodian may require a written request and advance payment of the prescribed fee, including postage where appropriate.  If the applicant desires copies of public records other than written records, the custodian of the records shall duplicate the records or permit the applicant to duplicate the records; however, the custodian shall ensure that such duplication will not damage or alter the original records.

 

(B)     (1)  Nonexempt public records used for noncommercial purposes shall be available for copying in either standard electronic or standard hard copy format, as designated by the party requesting the records, where the agency currently maintains the records in electronic format.  Non-exempt public records used for noncommercial purposes shall be copied in standard hard copy format where agencies currently maintain records in hard copy format.  Agencies are not required to convert hard copy format records to electronic formats.

 

(2)    The minimum standard format in paper form shall be defined as not less than 8 ½ inches x 11 inches in at least one color on white paper, or for electronic format, in a flat file electronic American Standard Code for Information Interchange (ASCII) format.  If the public agency maintains electronic public records in a format other than ASCII, and this format conforms to the requestor’s requirements, the public record may be provided in this alternate electronic format for standard fees as specified by the public agency.  Any request for a public record in a form other than the forms described in this section shall be considered a nonstandardized request.

 

34.13  FEES FOR COPIES

 

(A)     The public agency may prescribe a reasonable fee for making copies of nonexempt public records requested for use for noncommercial purposes which shall not exceed the actual cost of reproduction, including the costs of the media and any mechanical processing cost incurred by the public agency, but not including the cost of staff required.  If a public agency is asked to produce a record in a non-standardized format, or to tailor the format to meet the request of an individual or a group, the public agency may at its discretion provide the requested format and recover staff costs as well as any actual costs incurred.

 

(B)     (1)  Unless an enactment of the General Assembly prohibits the disclosure of public records to persons who intend to use them for commercial purposes, if copies of nonexempt public records are requested for commercial purposes, the public agency may establish a reasonable fee.

 

(2)  The public agency from which copies of nonexempt public records are requested for a commercial purpose may require a certified statement from the requestor stating the commercial purpose for which they shall be used, and may require the requestor to enter into a contract with the agency.  The contract shall permit use of the public records for the stated commercial purpose for a specified fee.

 

(3)  The fee provided for in division (B) (1) of this section may be based on one or both of the following:

         

          (a)  Cost to the public agency of media, mechanical processing, and staff required to purchase a copy of the public record or records;

 

          (b)  Cost to the public agency of the creation, purchase, or other acquisition of the public records.

 

 

Chapter 94:   Littering

 

94.04    SWEEPING LITTER INTO GUTTERS

 

No person shall sweep into or deposit in any gutter, street or other public place within the city the accumulation of litter from any building or lot or from any public or private sidewalk or driveway.  Persons owning or occupying property shall keep the sidewalk in front of their premises free of litter.

 

94.05    POSTING NOTICES

 

No person shall post or affix any notice, poster or other paper or device, which is calculated to attract the attention of the public, public structure or building, except as may be authorized by law.

 

94.06    SPILLING OF VEHICLE CONTENTS ON HIGHWAY PROHIBITED

 

(A)     All motor vehicles, trailers, and semi-tractors, operating upon the public highways and roads of this city and carrying goods or materials which may reasonably be expected to become dislodged and fall from motor vehicles, trailers, or semi-trailers as a result of wind pressure, air pressure, or movement of the motor vehicle, trailer, or semi-trailer, shall be covered in a manner that no portion of the goods or materials can be dislodged and fall upon the highway or road, while being transported.

 

(B)     Any person who operates or permits another person to operate a motor vehicle, trailer, or semi-trailer carrying goods or materials within the corporate limits of the city, and which is not properly covered as provided for in division (A) above, and as a consequence these goods or materials are spilled onto the highways of the city shall be in violation of the provision of this section.

 

(C)     All peace officers are empowered to issue citations for violation of the foregoing section and all citizens who observe the commission of such an offense may sign a criminal complaint accordingly.