Minutes 12/09/1985 - Laserfiche WebLink

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187 MONDAY, DECEMBER 9, 1985 - Mayor Cole brought to Council's attention the fact that, as a result of a local court decisionon December 2,1985, inwhich CityAttorneyWorthyconcurs, Section5-37 of the City Code, as recently amended, will not take effect until one year will have elapsed from the date of the recent amendment (August, 1985) and, therefore, the original Section 5-37 having been nullified by said amendment, at the present time there is no valid Section 5-37 in effect. Thus, the case brought to court on behalf of Mr. & Mrs. William Willis, 934 Stonewall Court, alleging their next-door neighbor was or is in violation of said Section 5-37 (the intent of which is to regulate the number of dogs which can be kept on residential premises as well as certain conditions under which they may be kept) was dismissed. Both Mr. & Mrs. Willis, along with several of their neighbors, were present at this meeting and described the conditions (the number of dogs and their proximity) which led to their complaint as well as in support of their appeal for relief. (Note: The original Section 5-37 permitted the keeping of up to six dogs, whereas the recent amendment adopted would allow only four dogs but provided a one-year "grace" period or transition period for compliance.) In order to continue the "grace" period principle and, at the same time, provide a valid Section 5-37 in the City Code, Council unanimously adopted (with emergency clause attached) the following ordinance which amends and/or replaces any prior-adopted Sec- tion 5-37, with the understanding that in August or September of 1986 Council might again amend this section to limit the number of dogs permitted to be kept to four (4): BE IT ORDAINED by the Council of the City of Martinsville, Virginia, in regular session held on December 9, 1985, that Section 5-37 of Article III of Chapter 5 of the Martinsville City Code be amended, and the same hereby is amended, to read as follows: "Sec. 5-37. Limitation of Dogs in Residential or Professional Zones. ,-. No person, family or other group of persons occupying the same premises shall keep more than six dogs upon said pre- mises, whether said premises shall consist of only one lot or parcel of land, or of two or more adjoining lots or par- cels of land, in any residential or professional area of the City, unless the dogs are kept entirely within an