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HomeMy WebLinkAboutOrdinance 6172 05/15/2006 . . . ORDINANCE NO. 6172 (General) AN ORDINANCE AMENDING SECTION 5.418 "GENERAL REGULATIONS," "CONTROL OF DOGS AND OTHER ANIMALS," SECTION 5.448 "KILLING AND CHASING OF LIVESTOCK," SECTION 5.450 "DANGEROUS ANIMALS," SECTION 5.456 "VICIOUS DOGS," SECTION 5.460 "CRUEL TV TO DOGS OR OTHER ANIMALS, SECTION 5.462 "POISON," AND SECTION 5.472 "RESISTING AN ANIMAL CONTROL OFFICER OR PEACE OFFICER," TO CLEARLY DESIGNATE CERTAIN OFFENSES AS CLASS C MISDEMEANORS. The City Council of the City of Springfield finds as follows: 1. It is in the public interest for the City of Springfield to clearly label certain animal/dog offenses as Class C misdemeanors under Section 5 of the Springfield Municipal Code. 2. It is in the public interest for the City of Springfield to clearly label these offenses as described in paragraph 1 above, so as to lessen confusion in charging and sentencing in regards to offenses involving animals/dogs. NOW THEREFORE, based upon the foregoing findings, the City Council of the City of Springfield ordains as follows: Section 1. Section 5.448 "Killing and Chasing of Livestock" is hereby amended to add a new subsection (6) to read as follows: "(6) Violation of this section is punishable as a Class C Misdemeanor pursuant to SMC Section 1.205." Section 2. Section 5.450 "Dangerous Animals" is hereby amended to add a new subsection (4) to read as follows: "( 4) Violation of this section is punishable as a Class C Misdemeanor pursuant to SMC Section 1.205." Section 3. Section 5.456 "Vicious Dogs" is hereby amended to add a new subsection (4) to read as follows: "(4) Violation of this section is punishable as a Class C Misdemeanor pursuant to SMC Section 1.205." ORDINANCE Page -1- . . .' Section 4. Section 5.460 "Cruelty to Dogs or Other Animals" is hereby amended to read as follows: "5.460 Cruelty to Dogs or Other Animals. No person shall: (1) Subject a dog, farm animal or other animal to cruel mistreatment or cruel neglect; or. (2) Kill without legal privilege any dog, farm animal or other domesticated animal. (3) Violation of this section is punishable as a Class C Misdemeanor pursuant to SMC Section 1.205." Section 5. Section 5.462 "Poison" is hereby amended to read as follows: "5.462 Poison. No person shall place any poison where the poison is likely to harm any person, dog, farm animal or other animal. The violation of this section is punishable as a Class C Misdemeanor pursuant to SMC Section 1.205." Section 6. Section 5.464 "Non-Game Birds" is hereby amended to read as follows: "5.464 Non-Game Birds. No person shall discharge any firearm or other similar device or to throw any missile at any non-game bird with the intent to injure or kill the non-game bird. The violation of this section is punishable as a Class C Misdemeanor pursuant to SMC Section 1.205." Section 7. Severability. If any phrase, c1ause, or other part or parts of this Article is found to be invalid by a court of competent jurisdiction, the remaining phrases, clauses and other part or parts shall remain in full force and effect. Adopted by the City Council of the City of Springfield this 15thdayof May 2006 by a vote of h in favor 0 against. Approved by the Mayor of the City of Springfield this 15th day of May 2006. ~ ~ l) ....... Sid Leik - ~~ayor (J ATTEST: ~~ Amy Sowa, Ity Recorder N: \CITY\ORDINANC\GEN ERAL\Animal-Dog Ordinance.doc R\E~I\EW\E[) & AP!?~O"[D AS TO FORM /J'"'~ - _ DATE:~//c6 OFFICE OF CITY ATTORNEY ORDINANCE Page -2- ORDINANCE NO. 6172