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ORDINANCE NO. 99-84
<br />
<br />BY: Brown, Chinnock, Gallagher, Graham
<br /> McBride, Salmon, Wendling
<br />
<br /> AN EMERGENCY ORDINANCE to amend Section 1769.08 of the Sanitary Code
<br />of the Codified Ordinances of the City of Lakewood relating to places used for
<br />the sale of animals and birds.
<br />
<br /> WHEREAS, current Section 1769.08 of the Sanitary Code of the Codified
<br />Ordinances of the City of Lakewood adopted in 'the year 1924 provides that there
<br />shall be no animals or birds kept for sale within 25 feet of a place of human
<br />habitation or from a place where food is prepared or sold, and
<br />
<br /> WHEREAS, the Health Department advises that in these modern times the
<br />requirements of said ordinance are of no significance to the public health and
<br />welfare and that same originated from the days when there were few animal quality
<br />control measures and no quarantines on foreign animals or birds, and
<br />
<br /> WHEREAS, this Council determines that it would be in the best
<br />interest of the City to eliminate the 25 foot requirement relating to places
<br />used for the sale of animals and birds, and
<br />
<br /> WHEREAS, this ordinance constitutes an emergency measure providing
<br />for immediate preservation of the public health, safety and welfare and for the
<br />usual daily operation of a municipal department; now, therefore,
<br />
<br /> BE IT ORDAINED BY THE COUNCIL OF THE CITY OF LAKEWOOD, STATE OF OHIO:
<br />
<br /> Section 1. That Section 1769.08 of the Sanitary Code of the City of
<br />Lakewood now reading as follows:
<br />
<br />1769.08 PLACES USED FOR THE SALE OF ANIMALS AND BIRDS.
<br />
<br />No building or portion of any building shall be used for a
<br />place to keep for sale any dog, cats, rodents or birds,
<br />unless such building is at least twenty-five feet from a
<br />place of human habitation or from a place where food is pre-
<br />pared, placed, kept or sold, and unless such a place is
<br />maintained in a clean condition and 'free from any accumula-
<br />tion of filth, garbage, rubbish or other waste. No person
<br />shall allow such a building to become a nuisance by reason
<br />or odors, noises or other causes.
<br />
<br />shall be and the same is hereby amended to read as follows:
<br />
<br /> 1769.08 PLACES USED FOR THE SALE OF ANIMALS AND BIRDS.
<br />
<br />(a) No building or portion of any building shall be used
<br />for a place to keep for sale any dogs, cats, rodents,
<br />birds, or other animals unless such building or portion
<br />thereof is separated from a place of human habitation, or
<br />from a place where food is prepared, placed, kept or sold,
<br />by a wall or ceiling which contains no openings, and
<br />unless such place is maintained in a clean condition and
<br />free from any accumulation of filth, garbage, rubbish or
<br />other waste. Such wall or ceiling may contain a window or
<br />skylight provided such window or skylight is not operable.
<br />
<br />(b) No person shall permit such building or portion
<br />thereof to become a nuisance by reason of odors, noises,
<br />or other causes.
<br />
<br />(c) No person shall display, sell, keep for sale or offer
<br />for sale, any dog, cat, rodent, bird, or other animal
<br />which is not kept or maintained in brooder facilities,
<br />pen, cage, or other housing adequate to safeguard the
<br />health of the animals as determined and approved by the
<br />Health Commissioner of the City.
<br />
<br />
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