ORDINANCE NO. 114-15
AN ORDINANCE AMENDING CHAPTER 4 OF THE CODE OF ORDINANCES OF THE CITY OF OPELIKA, ALABAMA BY ADDING SECTIONS 4-28.1 AND 4-28.2; AUTHORIZING HUMANE TRAPS AND CHEMICAL CAPTURE METHODS; AND PROHIBITING ANY PERSON TO INTERFERE WITH, HINDER OR MOLEST AN ANIMAL CONTROL OFFICER
BE IT ORDAINED by the City Council (the “Council”) of the City of Opelika, Alabama (the “City”) as follows:
Section 1. Amendment; adding Sections 4-28.1 and 4-28.2 to Chapter 4 of the Code of Ordinances. That Chapter 4 of the Code of Ordinances of the City of Opelika, Alabama, is hereby amended by adding Sections 4-28.1 and 4-28.2, which said sections shall read as follows:
Sec. 4-28.1 Authority to utilize humane traps and/or chemical capture methods.
(a) Any animal control officer is authorized, in order to apprehend animals in violation of this chapter, which are otherwise difficult to apprehend, to use traps designed to humanely capture such animals by placing the traps upon any public property of the City, upon the right-of-way of any public street or highway, upon any public easements, or upon any private property of any person granting permission.
(b) It shall be unlawful for any person to molest or tamper with any such trap, or to remove any animal captured in any such trap or to interfere with any animal control officer in setting or servicing any such trap.
(c) Any animal control officer is hereby authorized to use chemical capture methods to capture animals in violation of this chapter when in the animal control officer’s opinion the use of humane traps would be ineffective and the animal is diseased or poses a danger to public safety.
Sec. 4-28.2 Interference prohibited.
(a) It shall be unlawful for any person to interfere with, hinder or molest an animal control officer in the performance of any duties prescribed in this chapter, or seek release of any animal in the custody of an animal control officer except as provided in this chapter.
(b) It shall be unlawful for any person to:
(1) Remove, take, damage, destroy, tamper or interfere with any vehicle, equipment, tool or property of the animal control division or animal control officer used in the administration or enforcement of this chapter.
(2) Remove or take, or attempt to remove or take, an animal from the custody of the animal control division or an animal control officer.
(3) Refuse or fail to surrender any animal or carcass of any dead animal upon lawful demand by the animal control division or an animal control officer.
Section 2. Conflict. All former ordinances or parts thereof which are in conflict with this Ordinance are repealed in their entirety to the extent they are in conflict.
Section 3. Severability Clause. If any section, subsection, clause, sentence or phrase of this ordinance is held to be invalid or unconstitutional by any court of valid jurisdiction, then such holding shall in no way affect the validity of the remaining portion of this Ordinance.
Section 4. Effective Date. This ordinance and the section adopted shall become effective and enforced immediately upon its passage and publication as required by law.
Section 5. Publication. The City Clerk of the City of Opelika, Alabama is hereby authorized and directed to cause this Ordinance to be published one (1) time in a newspaper of general circulation published in the City of Opelika, Lee County, Alabama.
ADOPTED AND APPROVED this the 2nd day of June, 2015.
/s/ C. E. “Eddie” Smith, Jr. PRESIDENT OF THE CITY COUNCIL OF THE CITY OF OPELIKA, ALABAMA
/s/ R. G. Shuman
TRANSMITTED TO MAYOR on this the 3rd day of June, 2015.
/s/ R. G. Shuman CITY CLERK
ACTION BY MAYOR
APPROVED this the 3rd day of June, 2015.
/s/ Gary Fuller MAYOR
/s/ R. G. ShumanCITY CLERK
Legal run 6/5/15