2015-48 AMENDING CITY CODE - CHAPTER 47 - CONTROL OF ANIMALS, FOWL AND DOGS

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ORDINANCE NO. 2015-48 ORDINANCE AMENDING CITY CODE CHAPTER 47 — CONTROL OF ANIMALS, FOWL AND DOGS BE IT ORDAINED, BY THE CITY COUNCIL OF THE CITY OF DECATUR, ILLINOIS: Section 1. That Chapter 47 of the City Code of the City of Decatur be, and the same is hereby, amended and modified at Section 17 thereof, so that said Section 17 as amended, shall provide as follows: 17. NUISANCE ANIMALS. No person shall own within the City any animal which excessively or continuously make noises, including, but not limited to, barking, howling, whining, caterwauling, crowing or neighing; molests passers-by; chases vehicles; habitually attacks other domestic animals; trespasses on school grounds or private property in such a manner as to damage property or disturbs the peace and quiet of any person or neighborhood by the aforesaid actions. Such an animal is hereby declared to be a nuisance and may be taken up and impounded as hereinafter provided. Section 2. That Chapter 47 of the City Code of the City of Decatur be, and the same is hereby, further amended to add a new Section 33, so that said Section 33 shall provide as follows: 33. APPEAL PROCEDURE. A person cited for a violation of any section of this Chapter may appeal the issuance of the citation in writing within 30 (thirty) days of the date of issuance of the citation. Such written appeal must be received by the City of Decatur Administrative Court Clerk by said 30th day. Appeals will not be accepted on citations for which more than 30 days have elapsed from the date of issuance of the citation. An administrative hearing shall be held, pursuant to Chapter 29 of City Code. The City shall serve notice of the hearing in a manner reasonably calculated to give actual notice, as outlined in Chapter 29, Section 5, of City Code. All parties shall be given a reasonable opportunity to be heard at the hearing. The formal rules of evidence shall not apply, and hearsay evidence shall be admissible. The hearing shall be open to the public and recorded. The decision of the Hearing Officer shall be a final and appealable administrative decision.