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HomeMy WebLinkAbout2016-OR-10 (2)STATE OF INDIANA BEFORE THE JEFFERSONVILLE COMMON COUNCIL ORDINANCE 2016 -OR- / C) AN ORDINANCE CHANGING THE ZONING MAP DESIGNATION OF A CERTAIN TRACT OF PROPERTY LOCATED AT 5600 LUCAS AVENUE AND FULLY DESCRIBED IN ATTACHED EXHIBIT A FROM R3 TO C2 Whereas, Robert Lynn Company filed a petition before the Jeffersonville Plan Commission to change the zoning map designation of the real property located at 5600 Lucas Avenue and fully described in the attached Exhibit A from R3: Old City Residential to C2: Medium to Large Scale General Commercial and, Whereas, on January 26, 2016 the Jeffersonville Plan Commission has certified its favorable recommendation of the enactment of this proposed zoning map designation change by ordinance of this Common Council; and, Whereas, this matter is now before the Common Council at its regular meeting after certification of the proposed change of zoning map designation pursuant to the provisions of I.C. 36-7-4-608(f)(1); and, Whereas, this Common Council has timely posted notice of its intent to consider the proposed change of zoning map designation at the regular meeting scheduled for February 1S, 2016; and, Whereas, all interested persons having been given an opportunity to appear before this Common Council and be heard regarding this matter as required by law. Now, THEREFORE, BE IT ORDAINED by the Common Council of the City of Jeffersonville, Indiana, that the zoning designation of the real property located at 5600 Lucas Avenue and fully described in the attached Exhibit A is hereby changed from R3: Old City Residential to C2: Medium to Large Scale General Commercial. IT IS FURTHER ORDAINED that the zoning map of the City of Jeffersonville shall be amended to include such change. This ordinance shall be in full force and effect upon its adoption. SO ORDAINED this / 6 day of February, 2016. Common Council Of The City of Jeffersonville, Indiana U ATTEST,- LiL - Vicki Conlin City Clerk VOTED AGAINST: Presented to me as Clerk to the Mayor of said City of Jefferson ille this day of February, 2016. Vicki Conlin City Clerk This Ordinance approved and signed by me this d 2016. Mi Prepared by: Les Merkley Corporate Counsel V F bruary Moore, Ma STATE OF INDIANA BEFORE THE JEFFERSONVILLE PLAN COMMISSION IN RE THE APPLICATION OF Robert Lynn Company TO REZONE A CERTAIN TRACT 5600 Lucas Avenue FROM R3 (Old City Residential) to C2 (Medium to Large Scale General Commerc' RTIFICATION OF AVORABL Whereas, Robert Lynn Companyfiled a petition before the Jeffersonville Plan Commission to change the zoning designation of the property described in attached Exhibit A (the "Property"), from R3 to C2 ; and, Whereas, after proper notice by publication, the Jeffersonville Plan Commission held a public hearing on the petition on January 26, 2 016 ; and, Whereas, at the conclusion of the hearing the Jeffersonville Plan Commission voted by a majority vote of its entire membership to favorably/unfavorably/not recommend the proposed change of zoning designation of the Property to the Jeffersonville Common Council. IT IS THEREFORE CERTIFIED that on January 26, 2016 the Jeffersonville Plan Commission - cwom, of $ rec.\, -ero that the Jeffersonville Common Council enact by ordinance the pr posed zoning designation change of the property from R3 to C2 as requested in the petition of Robert Lynn Company So certified this 26th day of January , 2016 Chairman STATE OF INDIANA BEFORE THE JEFFERSONVILLE PLAN COMMISSION IN RE THE APPLICATION OF Robert Lynn Company TO REZONE A CERTAIN TRACT 5600 Lucas Avenue FROM R3 (Old City Residential) to C2 (Medium to Large Scale General Commerc' CERTIFICATION OF AVORABL UNFAVORABLE/NO RECOMMENDATION POSED ORDINANCE Whereas, Robert Lynn Companyfiled a petition before the Jeffersonville Plan Commission to change the zoning designation of the property described in attached Exhibit A (the "Property"), from R3 to C2 ; and, Whereas, after proper notice by publication, the Jeffersonville Plan Commission held a public hearing on the petition on January 26, 2 016 ; and, Whereas, at the conclusion of the hearing the Jeffersonville Plan Commission voted by a majority vote of its entire membership to favorably/unfavorably/not recommend the proposed change of zoning designation of the Property to the Jeffersonville Common Council. IT IS THEREFORE CERTIFIED that on January 26, 2016 the Jeffersonville Plan Commission-Javorr,b(v r -&Co,, I that the Jeffersonville Common Council enact by ordinance the pr posed zoning designation change of the property from R3 to C2 as requested in the petition of Robert Lynn Company So certified this 26th day of January , 2016 Chairman STAFF REPORT Department of Planning & Zoning — Plan Commission Case Number: PC -16-07 Petitioner: Robert Lynn Company, LLC Location: SR 62 — Stacy Springs Subdivision Request: Rezoning from R3 (Old City Residential) to C2 (Medium to Large Scale Commercial) Proposed Use: Mini-Warehouse/Storage Zoning: R3 (Rezoning to C2) Council District: #6 (Scott Hawkins) Date: January 26, 2016 Rezoning Request The applicant is requesting a zoning change for property located at 5600 Lucas Avenue. The property is currently zoned R3 and the requested zoning is C2. The applicant has also requested development plan approval and a revised major plat approval. Zoning Change Procedure The Jeffersonville Zoning Ordinance and Indiana State Statute IC 36-7-4-603 outlines that the following should be considered when the Plan Commission is reviewing a Rezoning Request: ■ The Comprehensive Plan; ■ Current conditions and character of structures and uses in each district; ■ The most desirable use for which the land in each district is adapted; ■ The conservation of property values throughout the jurisdiction; and ■ Responsible development and growth. Figure 1: Site Location Page 1 of 5 PC -16-07: Stacy Springs Rezoning Comprehensive Plan and Planning Districts f Legend Public/Institutional - Vacant/Agricuttural - Recreation/Open Space - Light Industrial Single Family Residential - MultiFamity Residential - Mixed -Use Heavy Industrial Commercial -Mixed-use Business Park/Industnal City Limits r -- Roads Figure 2: Future Land Use Plan Future Land Use - Mixed Use Description This use blends a combination of residential, commercial, cultural, institutional, or industrial uses, or allows solely commercial uses. It can be one building, an urban, suburban, or village development. The blend should be physically integrated and functionally related to create a center or community. This use typically creates a greater variety in housing, reduced distances between housing, workplaces and amenities, more compact development, stronger neighborhood character, and should be pedestrian and bicycle friendly. Figure 3: Planning Districts Page 2 of 5 PC -16-07: Stacy Springs Rezoning Traditional Neighborhood/Workplace This form is characterized by predominately residential uses, by a grid pattern of streets with sidewalks and often including an alley. Residential lots are predominately narrow and often deep, but the neighborhood may contain sections of larger estate lots, and also sections of lots on which appropriately integrated higher density residential uses may be located. The higher density uses are encouraged to be located in centers or near parks and open spaces having sufficient carrying capacity. Zoning This property is adjoined by parcels to the west that are zoned R3. The property to the south is zoned C2 and is part of the existing storage facility. The property to the east is zoned IR and is part of River Ridge. The property to the north is part of the county and is zoned by the county as Al (Agricultural.) Figure 4: Zoning Map (City) Attached Plans & Documents: 1. R3 District Intent 2. C2 District Intent Page 3 of 5 PC -16-07: Stacy Springs Rezoning "RY District 3.7 "R3" District Intent, Permitted Uses, and Special Exception Uses I District Intent I District Is Intended to provide a land use category for small lots and small -sized single family detached homes. The provisions that regulate this land use district should protect, maintain and promote where possible the "old city residential character" In Jeffersonville. Jeffersonville's Plan Commission and Board of Zoning Appeals should strive to protect this district from business encroachment, conflicting land uses, and non - family oriented businesses. The Plan Commission and Board of Zoning Appeals should strive to promote an average net density of 7 to 8 dwelling units per acre community -wide in the "R3" district. -child care home (owner -occupied) -dwelling, single family • residential facility for developmentally disabled (4 bedrooms or less) • residential facility for mentally ill (4 bedrooms or less) Miscellaneous -accessory uses • home occupation #1 bed and breakfast facility boarding house (owner -occupied) dwelling, two-family residential facility for developmentally disabled (over 4 bedrooms) Business: Personal Service -child care center (day care) Institutional/Public Facilities • public parWrecreational center • church, temple, or mosque Commu nicationfUtility • public well -telecommunication facility Miscellaneous • home occupation #2 3-8 Jeffersonville Zoning Ordinance Page 4 of 5 PC -16-07: Stacy Springs Rezoning "C2" District 4.15 "C2'• District Intent, Permitted Uses, and Special Exception Uses I District Intent i General Commercial) District Is Intended to provide a land use category for most large scale general business uses. The provisions that regulate this land use district should not overly restrict normal business practices. This district can be used adjacent to all other commercial districts and the "R3," '•M7" and "M2" residential districts. However, buffering should be provided between this district and any residentlaI district. Jeffersonville's Plan Commission and Board of Zoning Appeals should strive to use this district with the "Cl" District to encourage a strong and stable area for commerce. The Plan Commission and Board of Zoning Appeals should not encourage "strip development", rather development In clusters which share resources and minimize the cost of public utilities and services. The Plan Commission and Board of Zoning Appeals should also strive to minimize lighting, undandocaped large Parking lots, parking lots fronting major streets, and traffic conflicts In the •'C2" District. I Permitted Uses i hospital Business: Auto Sales/Services • auto body repair shop -auto parts store ,auto repair shop -auto sales (open air, with showroom, fun service mechanical with or without body shop) auto service (lire or muffler shop) Business: Food Sales/Service *convenience store (with gas pumps) -drive-in restaurant • grocery/supermarket Business: General Business • hotel -motel • plant nursery . -wholesale business Business: Office/Professional -bank/credit union bank machine/ATM drive-lhru bank machine/ATM *drive-thru bank/credit union -office complex medical/dental clinic Business: Personal Service barber/beauty shop drive-thru dry cleaning service -dry cleaning service :fingernail salon fitness center/gym • health spa • tanning salon Business: Recreation .banquet hall • bowling alley -theater, indoor (not adult entertainment) • video store Business: Retail • antique shop ,apparel shop • department store -drug store electrical supplies fabric shop -floorcoverings • flower shop •furniture store • enclosed shopping mall • gift shop hardware store heating & cooling sales/service -jewelry store • liquor sales -music store • news dealerlbookstore (not adult entertainment) -office supplies • paint store Permitted Uses *Plumbing supplies ,sporting goods store • variety store Miscellaneous -accessory uses • auto sales (open air, limited mechanical services or body shop) -auto sales (open air, no services) • auto service station • auto wash (automatic and Selo *oil change service (enclosed) recreational vehicle sales (motor home sales) Business: Food Sales/Service • convenience store (with gas pumps) Business: General Business • airport • boat sales/service *funeral home or mortuary • helipad or heliport • light rail station -sign painting/fabrication •mini -storage facility (mini warehouse) • motor bus station -railroad station Business: Recreation • ball fields • bar/night dub (not aduh entertainment) ,theater, outdoor (not adult entertainment) Business: Retail • lumber yard ,satellite dish sales/service ,kennel (commercial) C omm u n Ic a tion/Utilities • public wells • radio/TV station -telecommunication facility 4-16 Jeffersonville Zoning Ordinance Page 5 of 5 PC -16-07: Stacy Springs Rezoning a C I T Y O F J E F F E R S O N V I L L E DEPARTMENT OF LAW GTY Les Merkley, Corporation Counsel/Director of Legal Affairs y * N 812-285-6493 office 812-285-6403 fax www.cityofjeff.net V TFRso�� Jeffersonville City Hall 500 Quartermaster Court, Suite 250 Jeffersonville, Indiana 47130 BEFORE THE CITY COUNCIL OF JEFFERSONVILLE, INDIANA IN THE MATTER OF THE ORDINANCE CHANGING THE ZONING MAP DESIGNATION OF A CERTAIN TRACT OF PROPERTY LOCATED AT 5600 LUCAS AVENUE AND FULLY DESCRIBED IN ATTACHED EXHIBIT A FROM R3 TO C2 NOTICE OF HEARING ON ORDINANCE CHANGING THE ZONING MAP DESIGNATION OF A CERTAIN TRACT OF PROPERTY LOCATED AT 5600 LUCAS AVENUE AND FULLY DESCRIBED IN ATTACHED EXHIBIT A FROM R3 TO C2 Notice is hereby given that the City of Jeffersonville has filed Ordinance with the Jeffersonville City Council, Jeffersonville, Indiana asking for a change in the zoning map designation of a certain tract of property located at 5600 Lucas Avenue and fully described in Exhibit A from R3 -Old City Residential to C2 -Medium to Large Scale General Commercial. A public hearing will be held on February 15, 2016 at 7:00 p.m. in the City Council Chambers, I" floor, City Hall, 500 Quartcrmastcr Court, Room 101, Jeffersonville, Indiana at which time and place all interested persons will be heard in reference to the matters set out in said ordinance. Les Merkley Corporation Counsel Jeffersonville City Hall 500 Quartermaster Court Jeffersonville, IN 47130 (812)285-6423 An equal opportunity employer. 9/ RES-' _D6N'_r_S -Am Z) O&Jt46_XS IAJ �67 AM)FA Z_ _te� 3 LYN& COMRANY 4---Y Resl()ENrs /Pkopcgry OWM6795 A -n� llzs-lle. 9/06 Pls'I)IE-r - t- ?/to ----------- Q A t 8/fig l9k/J 0? let opt cr A� girl R/.,;t r OAI ]iP'O\ Tier— January 25, 2016 City Hall 500 Quartermaster Court, Suite 227 Jeffersonville, IN 47130 Attn: Board of Zoning Appeals and Plan Commission Scott Hawkins, Stacy Springs Council Member and Plan Commission Member Dear Mr. Hawkins, et al, and Jeffersonville BZA Members, We are resident homeowners of Stacy Springs Subdivision, and our street address is 5702 Lucas Avenue, Charlestown, IN 47111. We support and are in favor of Robert Lynn Company, Inc.'s petitions to the Jeffersonville Planning Commission and Board of Zoning Appeals, namely docket numbers, PC -16-05, PC -16-06, 32A-16-04 and BZA-16-05. In addition, we believe that the special use exception and variances for additional storage units, highly landscaped and fully surrounded by a 8 foot high privacy perimeter fence will result in an excellent buffer between commercial and residential, and will be utilized by some of the current property owners and many of the 380 future homeowners, helping to keep the driveways, garages and yard areas of our subdivision clear of inoperable vehicles, trailers, pop-up campers and many other items that are undesirable. We also like the reduction in future residential traffic that will occur at the intersection of Lucas Avenue and Andrew Court. Therefore, we respectfully request approval of all of the above referenced dockets as presented by Robert Lynn Company, Inc. Sincerely, January 25, 2016 City Hall 500 Quartermaster Court, Suite 227 Jeffersonville, IN 47130 Attn: Board of Zoning Appeals and Plan Commission Scott Hawkins, Stacy Springs Council Member and Plan Commission Member Dear Mr. Hawkins, et al, and Jeffersonville BZA Members, We are resident homeowners of Stacy Springs Subdivision, and our street address is 8102 Kismet Drive, Charlestown, IN 47111. We support and are in favor of Robert Lynn Company, Inc.'s petitions to the Jeffersonville Planning Commission and Board of Zoning Appeals, namely docket numbers, PC -16-05, PC -16-06, 32A-16-04 and BZA-16-05. In addition, we believe that the special use exception and variances for additional storage units, highly landscaped and fully surrounded by a 8 foot high privacy perimeter fence will result in an excellent buffer between commercial and residential, and will be utilized by some of the current property owners and many of the 380 future homeowners, helping to keep the driveways, garages and yard areas of our subdivision clear of inoperable vehicles, trailers, pop-up campers and many other items that are undesirable. We also like the reduction in future residential traffic that will occur at the intersection of Lucas Avenue and Andrew Court. Therefore, we respectfully request approval of all of the above referenced dockets as presented by Robert Lynn Company, Inc. Sincerely, January 25, 2016 City Hall 500 Quartermaster Court, Suite 227 Jeffersonville, IN 47130 Attn: Board of Zoning Appeals and Plan Commission Scott Hawkins, Stacy Springs Council Member and Plan Commission Member Dear Mr. Hawkins, et al, and Jeffersonville BZA Members, We are resident homeowners of Stacy Springs Subdivision, and our street address is 8104 Kismet Drive, Charlestown, IN 47111. We support and are in favor of Robert Lynn Company, Inc.'s petitions to the Jeffersonville Planning Commission and Board of Zoning Appeals, namely docket numbers, PC -16-05, PC -16-06, 32A-16-04 and BZA-16-05. In addition, we believe that the special use exception and variances for additional storage units, highly landscaped and fully surrounded by a 8 foot high privacy perimeter fence will result in an excellent buffer between commercial and residential, and will be utilized by some of the current property owners and many of the 380 future homeowners, helping to keep the driveways, garages and yard areas of our subdivision clear of inoperable vehicles, trailers, pop-up campers and many other items that are undesirable. We also like the reduction in future residential traffic that will occur at the intersection of Lucas Avenue and Andrew Court. Therefore, we respectfully request approval of all of the above referenced dockets as presented by Robert Lynn Company, Inc. Sincerely, January 25, 2016 City Hall 500 Quartermaster Court, Suite 227 Jeffersonville, IN 47130 Attn: Board of Zoning Appeals and Plan Commission Scott Hawkins, Stacy Springs Council Member and Plan Commission Member Dear Mr. Hawkins, et al, and Jeffersonville BZA Members, We are resident homeowners of Stacy Springs Subdivision, and our street address is 8105 Kismet Drive, Charlestown, IN 47111. We support and are in favor of Robert Lynn Company, Inc.'s petitions to the Jeffersonville Planning Commission and Board of Zoning Appeals, namely docket numbers, PC -16-05, PC -16-06, 32A-16-04 and BZA-16-05. In addition, we believe that the special use exception and variances for additional storage units, highly landscaped and fully surrounded by a 8 foot high privacy perimeter fence will result in an excellent buffer between commercial and residential, and will be utilized by some of the current property owners and many of the 380 future homeowners, helping to keep the driveways, garages and yard areas of our subdivision clear of inoperable vehicles, trailers, pop-up campers and many other items that are undesirable. We also like the reduction in future residential traffic that will occur at the intersection of Lucas Avenue and Andrew Court. Therefore, we respectfully request approval of all of the above referenced dockets as presented by Robert Lynn Company, Inc. Sincerelv. January 25, 2016 City Hall 500 Quartermaster Court, Suite 227 Jeffersonville, IN 47130 Attn: Board of Zoning Appeals and Plan Commission Scott Hawkins, Stacy Springs Council Member and Plan Commission Member Dear Mr. Hawkins, et al, and Jeffersonville BZA Members, We are resident homeowners of Stacy Springs Subdivision, and our street address is 8106 Kismet Drive, Charlestown, IN 47111. We support and are in favor of Robert Lynn Company, Inc.'s petitions to the Jeffersonville Planning Commission and Board of Zoning Appeals, namely docket numbers, PC -16-05, PC -16-06, 32A-16-04 and BZA-16-05. In addition, we believe that the special use exception and variances for additional storage units, highly landscaped and fully surrounded by a 8 foot high privacy perimeter fence will result in an excellent buffer between commercial and residential, and will be utilized by some of the current property owners and many of the 380 future homeowners, helping to keep the driveways, garages and yard areas of our subdivision clear of inoperable vehicles, trailers, pop-up campers and many other items that are undesirable. We also like the reduction in future residential traffic that will occur at the intersection of Lucas Avenue and Andrew Court. Therefore, we respectfully request approval of all of the above referenced dockets as presented by Robert Lynn Company, Inc. Sincerely, January 25, 2016 City Hall 500 Quartermaster Court, Suite 227 Jeffersonville, IN 47130 Attn: Board of Zoning Appeals and Plan Commission Scott Hawkins, Stacy Springs Council Member and Plan Commission Member Dear Mr. Hawkins, et al, and Jeffersonville BZA Members, We are resident homeowners of Stacy Springs Subdivision, and our street address is 8108 Kismet Drive, Charlestown, IN 47111. We support and are in favor of Robert Lynn Company, Inc.'s petitions to the Jeffersonville Planning Commission and Board of Zoning Appeals, namely docket numbers, PC -16-05, PC -16-06, 32A-16-04 and BZA-16-05. In addition, we believe that the special use exception and variances for additional storage units, highly landscaped and fully surrounded by a 8 foot high privacy perimeter fence will result in an excellent buffer between commercial and residential, and will be utilized by some of the current property owners and many of the 380 future homeowners, helping to keep the driveways, garages and yard areas of our subdivision clear of inoperable vehicles, trailers, pop-up campers and many other items that are undesirable. We also like the reduction in future residential traffic that will occur at the intersection of Lucas Avenue and Andrew Court. Therefore, we respectfully request approval of all of the above referenced dockets as presented by Robert Lynn Company, Inc. Sincerely, January 25, 2016 City Hall 500 Quartermaster Court, Suite 227 Jeffersonville, IN 47130 Attn: Board of Zoning Appeals and Plan Commission Scott Hawkins, Stacy Springs Council Member and Plan Commission Member Dear Mr. Hawkins, et al, and Jeffersonville BZA Members, We are resident homeowners of Stacy Springs Subdivision, and our street address is 8109 Kismet Drive, Charlestown, IN 47111. We support and are in favor of Robert Lynn Company, Inc.'s petitions to the Jeffersonville Planning Commission and Board of Zoning Appeals, namely docket numbers, PC -16-05, PC -16-06, 32A-16-04 and BZA-16-05. In addition, we believe that the special use exception and variances for additional storage units, highly landscaped and fully surrounded by a 8 foot high privacy perimeter fence will result in an excellent buffer between commercial and residential, and will be utilized by some of the current property owners and many of the 380 future homeowners, helping to keep the driveways, garages and yard areas of our subdivision clear of inoperable vehicles, trailers, pop-up campers and many other items that are undesirable. We also like the reduction in future residential traffic that will occur at the intersection of Lucas Avenue and Andrew Court. Therefore, we respectfully request approval of all of the above referenced dockets as presented by Robert Lynn Company, Inc. Sincerely, January 25, 2016 City Hall 500 Quartermaster Court, Suite 227 Jeffersonville, IN 47130 Attn: Board of Zoning Appeals and Plan Commission Scott Hawkins, Stacy Springs Council Member and Plan Commission Member Dear Mr. Hawkins, et al, and Jeffersonville BZA Members, We are resident homeowners of Stacy Springs Subdivision, and our street address is 8110 Kismet Drive, Charlestown, IN 47111. We support and are in favor of Robert Lynn Company, Inc.'s petitions to the Jeffersonville Planning Commission and Board of Zoning Appeals, namely docket numbers, PC -16-05, PC -16-06, 32A-16-04 and BZA-16-05. In addition, we believe that the special use exception and variances for additional storage units, highly landscaped and fully surrounded by a 8 foot high privacy perimeter fence will result in an excellent buffer between commercial and residential, and will be utilized by some of the current property owners and many of the 380 future homeowners, helping to keep the driveways, garages and yard areas of our subdivision clear of inoperable vehicles, trailers, pop-up campers and many other items that are undesirable. We also like the reduction in future residential traffic that will occur at the intersection of Lucas Avenue and Andrew Court. Therefore, we respectfully request approval of all of the above referenced dockets as presented by Robert Lynn Company, Inc. Sincerely, 9cs, U',G, January 25, 2016 City Hall 500 Quartermaster Court, Suite 227 Jeffersonville, IN 47130 Attn: Board of Zoning Appeals and Plan Commission Scott Hawkins, Stacy Springs Council Member and Plan Commission Member Dear Mr. Hawkins, et al, and Jeffersonville BZA Members, We are resident homeowners of Stacy Springs Subdivision, and our street address is 8111 Kismet Drive, Charlestown, IN 47111. We support and are in favor of Robert Lynn Company, Inc.'s petitions to the Jeffersonville Planning Commission and Board of Zoning Appeals, namely docket numbers, PC -16-05, PC -16-06, 32A-16-04 and BZA-16-05. In addition, we believe that the special use exception and variances for additional storage units, highly landscaped and fully surrounded by a 8 foot high privacy perimeter fence will result in an excellent buffer between commercial and residential, and will be utilized by some of the current property owners and many of the 380 future homeowners, helping to keep the driveways, garages and yard areas of our subdivision clear of inoperable vehicles, trailers, pop-up campers and many other items that are undesirable. We also like the reduction in future residential traffic that will occur at the intersection of Lucas Avenue and Andrew Court. Therefore, we respectfully request approval of all of the above referenced dockets as presented by Robert Lynn Company, Inc. Sincerely, Ori/ cw/�J�►'L January 25, 2016 City Hall 500 Quartermaster Court, Suite 227 Jeffersonville, IN 47130 Attn: Board of Zoning Appeals and Plan Commission Scott Hawkins, Stacy Springs Council Member and Plan Commission Member Dear Mr. Hawkins, et al, and Jeffersonville BZA Members, We are resident homeowners of Stacy Springs Subdivision, and our street address is 8115 -f 8 //� Kismet Drive, Charlestown, IN 47111. We support and are in favor of Robert Lynn Company, Inc.'s petitions to the Jeffersonville Planning Commission and Board of Zoning Appeals, namely docket numbers, PC -16-05, PC -16-06, 32A-16-04 and BZA-16-05. In addition, we believe that the special use exception and variances for additional storage units, highly landscaped and fully surrounded by a 8 foot high privacy perimeter fence will result in an excellent buffer between commercial and residential, and will be utilized by some of the current property owners and many of the 380 future homeowners, helping to keep the driveways, garages and yard areas of our subdivision clear of inoperable vehicles, trailers, pop-up campers and many other items that are undesirable. We also like the reduction in future residential traffic that will occur at the intersection of Lucas Avenue and Andrew Court. Therefore, we respectfully request approval of all of the above referenced dockets as presented by Robert Lynn Company, Inc. Sincerely, January 25, 2016 City Hall 500 Quartermaster Court, Suite 227 Jeffersonville, IN 47130 Attn: Board of Zoning Appeals and Plan Commission Scott Hawkins, Stacy Springs Council Member and Plan Commission Member Dear Mr. Hawkins, et al, and Jeffersonville BZA Members, We are resident homeowners of Stacy Springs Subdivision, and our street address is 8117 Kismet Drive, Charlestown, IN 47111. We support and are in favor of Robert Lynn Company, Inc.'s petitions to the Jeffersonville Planning Commission and Board of Zoning Appeals, namely docket numbers, PC -16-05, PC -16-06, 32A-16-04 and BZA-16-05. In addition, we believe that the special use exception and variances for additional storage units, highly landscaped and fully surrounded by a 8 foot high privacy perimeter fence will result in an excellent buffer between commercial and residential, and will be utilized by some of the current property owners and many of the 380 future homeowners, helping to keep the driveways, garages and yard areas of our subdivision clear of inoperable vehicles, trailers, pop-up campers and many other items that are undesirable. We also like the reduction in future residential traffic that will occur at the intersection of Lucas Avenue and Andrew Court. Therefore, we respectfully request approval of all of the above referenced dockets as presented by Robert Lynn Company, Inc. Sincerely, January 25, 2016 City Hall 500 Quartermaster Court, Suite 227 Jeffersonville, IN 47130 Attn: Board of Zoning Appeals and Plan Commission Scott Hawkins, Stacy Springs Council Member and Plan Commission Member Dear Mr. Hawkins, et al, and Jeffersonville BZA Members, We are resident homeowners of Stacy Springs Subdivision, and our street address is 8118 Kismet Drive, Charlestown, IN 47111. We support and are in favor of Robert Lynn Company, Inc.'s petitions to the Jeffersonville Planning Commission and Board of Zoning Appeals, namely docket numbers, PC -16-05, PC -16-06, 32A-16-04 and BZA-16-05. In addition, we believe that the special use exception and variances for additional storage units, highly landscaped and fully surrounded by a 8 foot high privacy perimeter fence will result in an excellent buffer between commercial and residential, and will be utilized by some of the current property owners and many of the 380 future homeowners, helping to keep the driveways, garages and yard areas of our subdivision clear of inoperable vehicles, trailers, pop-up campers and many other items that are undesirable. We also like the reduction in future residential traffic that will occur at the intersection of Lucas Avenue and Andrew Court. Therefore, we respectfully request approval of all of the above referenced dockets as presented by Robert Lynn Company, Inc. Sincerely, 1:M TLPA)il I 9dmo ORDINANCE 2016 -OR -__u AMENDING ORDINANCE NO. 2006 -OR -14 BEFORE THE COMMON COUNCIL FOR THE CITY OF JEFFERSONVILLE STATE OF INDIANA AN ORDINANCE REGULATING THE TREATMENT AND KEEPING OF DOMESTIC, DANGEROUS, AND/OR VICIOUS ANIMALS WITHIN THE CITY LIMITS OF THE CITY OF JEFFERSONVILLE WHEREAS, the Common Council for the City of Jeffersonville, Clark County, Indiana (hereinafter the "Council"), is the City's statutory Fiscal and Legislative Bodies pursuant to Indiana Code; WHEREAS, the Council previously passed and adopted Ordinance No. 2006 -OR -14, an ordinance regulating domestic or vicious animals within the City Limits of Jeffersonville, which said ordinance is incorporated herein by reference; WHEREAS, the Council now finds that it is necessary to amend said ordinance to include the following modifications and provisions as indicated in each section and incorporated therein to 2006 -OR -14. WHEREAS, the City has determined that for the health, safety and well-being of all the citizens of Jeffersonville, the ownership or possession of domestic or vicious animals within the corporate boundaries of the City should be regulated; and WHEREAS, the unregulated ownership or possession of domestic animals and/or vicious animals within the City creates unhealthy, unsafe, and nuisance conditions to exist within the City; NOW, THEREFORE, BE IT ORDAINED by the City Council as follows: SECTION 1. DEFINITIONS. For the purpose of this Ordinance, the following definitions shall apply unless the context clearly indicates or requires a different meaning. A) Animal: Any live, vertebrate creature, domestic or wild, including but not limited to dogs, cats, and those domesticated animals most often kept and regarded as pets by their owners. B) Animal Control Officer: Any person designated by the City of Jeffersonville as an officer who is qualified to perform the duties required by this ordinance or state statutes regarding animals. C) Animal Shelter: Any facility operated by the humane society, city or county government, or its authorized agents for the purpose of impounding or caring for animals held under the authority of this ordinance or state law. D) At -Large: Off the premises of the owner or custodian of the animal or not under the immediate control of the owner or custodian. E) Kennel: Any establishment or residence where dogs are kept for breeding, boarding, sale, leasing, trading or sporting purposes; for remuneration. F) Owner: Any person, firm, corporation, organization or department owning, possessing, harboring or having the care or custody of a domestic and/or vicious animal in the City of Jeffersonville. "Owner" and "persons owning premises" shall mean both the owner of title or record and those occupying or in possession of any property or premise. G) Livestock: Horses, stallions, colts, gelding, mares, sheep, rams, lambs, bulls, bullocks, steers, heifers, cows, calves, mules, jacks, jennets, burrows, goats, kids, swine, and fur bearing animals being raised in captivity. H) Pet Shop: Any person, partnership or corporation, whether operated separately or in connection with another business enterprise, except for a licensed kennel, that buys, sells or boards any species of animals. I) Police or Law Enforcement Officer: Any person employed by the people of the City of Jeffersonville, or the State of Indiana, whose duty it is to preserve the peace, make arrests, or to enforce the law. J) Poultry: All domestic fowl, ornamental birds and game birds possessed or being reared under the authority of a breeder's license according to applicable state laws. K) Domestic Animal: Any animal not kept for commercial or business purpose. L) Proper Shelter: Proper shelter is to have four sides, a floor and roof, none which leak. There is to be an opening in one side large enough for the animal to enter the shelter. The shelter must be large enough for the animal to stand completely erect without touching the top of the shelter and must allow the animal to turn completely around and stretch out completely when lying down. M) Restraint: Any animal secured by a leash or lead, under the control of a responsible person and obedient to that person's commands; or within the real property limits of the owner. N) Vicious and/or Dangerous Animal: The designated animal control officer and/or law enforcement officer upon personal observation and investigation shall find an animal to be dangerous and/or vicious if; 1) The animal has a known vicious propensity, capability, tendency or disposition to attack unprovoked, to cause injury to, or otherwise threaten the safety of human beings or domestic animals; or 2) The animal, without provocation, attacks or bites, or has attacked or bitten, a human being or domestic animal; or 3) The animal is harbored primarily or in part for the purpose of animal fighting, or is trained for animal fighting. O) Unconfined Vicious or Dangerous Animal: A vicious or dangerous animal is "unconfined" if the animal is not securely confined indoors, or confined in a securely enclosed and locked pen, cage or structure upon the premises of the owner, keeper or harborer of the animal. The pen or structure must have secure sides and a secure top and bottom attached to the sides and the sides must be imbedded into the ground no less than one foot if outside and setting on the ground. All such pens or structures must be adequately lighted and kept in a clean and sanitary condition. 2 SECTION 2. REGULATION OF POSSESSION OF VICIOUS OR DANGEROUS ANIMALS. A) DETERMINATIONIDESIGNATION: Whenever a Jeffersonville Animal Control Officer or Jeffersonville Police Officer determines upon personal observation and investigation that an animal is a vicious and/or dangerous animal as defined by this chapter, said officer shall notify the owner or any person having custody or control of said vicious/dangerous animal in writing. If said custodial person is not the owner of the property, said property owner shall also be notified. The owner or the person having custody or control of said vicious/dangerous animal may appeal the determination to the Jeffersonville Board of Public Works and Safety provided said appeal is made in writing to Animal Control within ten (10) days. The Jeffersonville Board of Public Works and Safety shall conduct a hearing providing the owner or the person having custody or control of said vicious/dangerous animal to present evidence at which time the Board shall decide whether the officer's determination was warranted. The animal shall remain in the custody of Animal Control pending the appeal at the costs of the owner or the person having custody or control of said vicious/dangerous animal. B) REGISTRATION OF VICIOUS OR DANGEROUS ANIMAL: Upon proper written notification by a Jeffersonville Animal Control Officer, or Jeffersonville Police Officer, to the owner of an animal that said animal is deemed vicious or dangerous, the owner of the animal is required to register the animal with the Jeffersonville Animal Control Officer within seven (7) days. The owner of said vicious or dangerous animal is also required to provide to the Jeffersonville Animal Control Officer within fourteen (14) days that said owner's insurance company has been notified that a vicious or dangerous animal is being kept on the premises. If the owner of the vicious or dangerous animal is not the owner of the property, the Jeffersonville Animal Control Officer will notify the property owner as well as the property owners insurance company. C) CONFINEMENT: 1) No person shall allow any vicious or dangerous animal to be on any private or public property, other than the animal's owner or keeper's property, unless such animal is securely muzzled and leashed or caged. Adequate safeguards shall be taken to prevent unauthorized access to any vicious or dangerous animal on the owner's property by persons lawfully on the property. 2) No vicious or dangerous animal may be kept on a porch, patio, or in any part of a house or structure that would allow the animal to exit such building on its own volition. In addition, no such vicious or dangerous animal may be kept in a house or structure when the windows are open or when screen windows or screen doors are the only obstacles preventing the animal from exiting the structure. 3) The owner of a domestic or vicious animal shall not suffer or permit the animal to go unconfined. 4) Any owner or keeper of an animal that has been determined to be vicious or dangerous shall confine said vicious or dangerous animal in a fenced in yard with a locked gate. Said fence shall have such sufficient height so as to prevent the animal from escaping. In lieu of a fenced yard, the owner of the animal shall keep said animal in a locked pen or cage. Said pen or cage shall have secure sides and a secure top and bottom attached to the sides and the sides must be imbedded into the ground no less than one foot if outside and sitting on the ground. Any owner or keeper of an animal determined to be vicious or dangerous shall have seven (7) days to comply with these confinement provisions. For each day past the seventh day, the owner, or keeper of said animal shall be fined. If the owner of said animal is not the owner of the property on which the vicious or dangerous animal is located, the owner of the property is also subject to the same fine. D) LEASH AND MUZZLE: The owner of a domestic or vicious animal shall not suffer or permit the animal to be outside of the owner's structure, where the animal may come into contact with a child, unless the animal is securely muzzled and restrained in a cage, chained, by a leash or chain, and is under the physical restraint of a person. The muzzle shall be made in a manner so as not to cause injury to the animal or interfere with its vision or respiration, but shall prevent it from biting any human or other animal. E) SIGNS: The owner of a vicious or dangerous animal shall display in a prominent place on his or her premises a clearly visible warning sign ("DANGERIVICIOUS ANIMAL") indicating that there is a vicious or dangerous animal on the premises. A similar sign is required to be posted on the pen or kennel of the animal. The lettering on the sign shall be in all capital letters, a minimum of six (6) inches tall and red on a white background. F) INSURANCE: Owners of vicious or dangerous animals, as determined by the provisions in Section 2(A) of this ordinance, must within thirty (30) days of said determination, provide to the Animal Control Officer of the City of Jeffersonville proof of liability insurance in the amount of at least one hundred thousand ($100,000.00), insuring the owner, keeper, or harborer of said vicious or dangerous animal for any personal injuries inflicted by his/her vicious/dangerous animal. If the owner of the animal is not the owner of the property, the owner of the property must also provide the same proof and level of liability insurance. G) Cropping of Ears or Tail: No person shall crop a dog's ears or tail, except a veterinarian H) Poisons: No person shall place any poisonous substance which may be harmful to any domestic animal, livestock, poultry or community cats, as described herein, in any location where it may be readily found and eaten by such animal. I) Removal of Animal in Immediate Danger: Any animal observed by a police officer or Animal Control Officer to be in immediate danger may be removed from such situation by the quickest and most reasonable means available. J) Abandonment: Any animal found not under restraint without a license or vaccination tag, or any animal found in a condition which requires immediate 4 veterinary care, shall be presumed to be abandoned, and may be seized. Notice of seizure of an animal from private property shall be posted on the premises from which the animal was seized which notice shall clearly state the address and telephone number of the facility to which the animal was taken. K) Interference with Enforcement Prohibited: No person shall release or attempt to release an animal from a Jeffersonville Animal Shelter facility or a humane trap which belongs to a Jeffersonville Animal Shelter facility. SECTION 3. KENNELS. (A) Any person who owns, operates, or keeps a kennel, must apply on or before June 1St of each year to the Animal Control Officer of the City of Jeffersonville for a kennel license. The annual fee for said kennel license shall be $100.00 (one hundred dollars) paid to the Clerk of the City of Jeffersonville. The Animal Control Officer of the City of Jeffersonville shall have the authority to inspect and to regulate all kennels. If violations are found and not corrected within 14 days, the Jeffersonville Animal Control Officer is empowered to close down such kennels. No kennel license shall be issued to any person or establishment located in or on property with any residential zoning classification. (B) It shall be unlawful for any person to own and/or keep more than four (4) dogs or six (6) cats, or a combination of eight (8) dogs and cats over the age of twelve (12) weeks of age. To maintain more animals than stated in the previous sentence, the owner must obtain a kennel license. SECTION 4. PUBLIC NUISANCE. No owner shall fail to exercise proper care and control of his animal(s) so as to prevent any of the following actions by said animals: 1) Molesting of passerby; 2) Chasing of passing vehicles; 3) Attacking other domestic animals; 4) Trespassing upon private property; 5) Damaging private property; 6) Habitual barking or loud and continued noise which causes serious annoyance or disturbance to the neighborhood; 7) Unnecessary foul or noxious odors which offend people in the neighborhood; 8) Creation of waste outside the owner's premise; however, if such waste is deposited on the property of another, or on public property, then the owner of said animal shall be responsible for the immediate removal of any excretions deposited by his/her animal on public property of others. SECTION 5. RESTRAINT. No person owning or having charge of any dog shall cause or allow said dog to run at large upon any public place or upon any private property other than that of the owner; all dogs shall be kept under restraint. RESTRAINT BY LEASH, CHAIN, OR COLLAR; SPECIFICATIONS: 1. It is prohibited to exclusively restrain a dog or puppy by a fixed- point chain, tether, or trolley: a. For a period of time exceeding two (2) hours in an eight (8) hour period unless accompanied by a competent person. A "competent person" is defined as a person, who, by reason of age and physical ability, and training, is capable of maintaining control of an animal to the extent required by this ordinance. 2. A dog may be temporarily restrained by a chain or tether provided that it is at least twelve (12) feet in length and is kept untangled as to allow the animal full access of the length of the chain or tether. 3. Any tethering system employed shall not allow the dog or puppy to leave the owner's property. 4. No chain or tether shall weigh more than 1/8 of the dog or puppy's body weight. 5. Any chain or tether must be attached to a properly fitting collar or harness worn by the animal. 6. All collars used for the purpose of chaining or tethering an animal must be made of nylon, leather, or other durable and non-metallic material. Using a chain, choke, or pinch collar as a primary collar is prohibited. 7. All collars shall fit an animal so as to avoid causing injury to the animal or becoming imbedded in the animal's neck. SECTION 6. IMPOUNDMENT. A) Dogs found to be running at -large not under restraint, or nuisance animals, may be taken by the Jeffersonville Animal Control Officer and impounded. B) If any vicious, dangerous, or ferocious animal found at -large cannot be safely impounded, such animal may be slain by the Jeffersonville Animal Control Officer or Jeffersonville Police Officer. C) The person in charge of the Jeffersonville Animal Shelter shall, upon receiving any animal, make a complete registry entering the breed, color and sex of such animal, and whether lieensec microchipped. If lieensed microchipped, the name and address of the owner and the number of the heense tags microchip shall be entered in the registry. D) Immediately upon the impoundment of any animal, an agent of the Jeffersonville Animal Shelter shall make every effort to notify the owner of the animal and shall further notify the owner of the conditions under which he/she may regain custody of such animal. E) Impounded animals with identification tags or lieense tags microchip shall be kept for not less than ten (10) days to permit their owners to claim them. After the ten (10) days has lapsed, these animals may be placed for adoption or euthanized if their owners have not claimed them and paid the required fees. F) Impounded animals without identification tags or Wigs microchip shall be kept for not less than five (5) days to permit their owners to claim them. After the five (5) days has passed, these animals may be placed for adoption or euthanized if their owners have not claimed them and paid the required fees. G) An owner reclaiming an impounded animal shall pay a fee to the animal shelter of fly dollars 0) thirty dollars ($30.00) plus any other fees charged by the animal shelter. An owner shall pay a fee of seventy five dollars ($7-5.-0% sixty dollars ($60.00) to the animal shelter plus fees for each subsequent redemption of such animal. No ,..,' eensoa 3 No animal shall be released from the animal shelter without a brise microchip being issued and without showing proof of vaccination compliance. H) Other Charges: Pick-up fee $20.00 Daily boarding fee $10.00 per day ;dies Veueh $8-.W Vaccination fee $15.00 I) In addition to the impoundment of an animal found at -large, if the owner is known, the Jeffersonville Animal Control Officer or Jeffersonville Police Officer may issue a Citation of Ordinance Violation. .n Nothing contained herein shall limit the Jeffersonville Animal Shelter's authority to take whatever action is deemed necessary and reasonable to deal with a sick or injured animal. K) Any dog or cat which is impounded under this chapter shall not be reclaimed unless the animal has a microchip inserted either by Jeffersonville Animal Shelter or by a veterinarian in accordance with standards and specifications promulgated by the Director. If a microchip is inserted by the Jeffersonville Animal Shelter the owner shall pay a fee of twenty-five ($25.00) dollars. SECTION 7. SEIZURE, ABANDONMENT, AND CAPTURE OF ANIMALS PROHIBITED. A) It shall be lawful for any person to seize and restrain any animal running at -large in violation or the ordinance and turn said animal over to the Jeffersonville Animal Control Officer, his/her deputies, or assistants. B) It shall be unlawful for any person to abandon any domestic animal upon any public place, including the right of way of any public road, or upon the property of another. C) No person shall invade the private premises of another to capture or take any licensed animal off the premises of another to capture or take any licensed animal off the premises of the owner, except as herein provided; or seize any animal while the same is accompanied by its owner. SECTION 8: HUMANE TREATMENT OF ANIMALS. A) No person, firm, corporation, organization or department shall possess, harbor, or maintain the care or custody of any animal for the purpose of animal fighting. Nor shall they train, torment, badger, bait, or use any animal for the purpose of causing or encouraging the animal to attack human beings or other animals in the City of Jeffersonville. B) No animal shall be kept on a ehain. Animals shall be kept in a feneed and seeufe yard Or- ifl. an enelesur-e in eemplianee with this or-dinanee. C) No animal shall be kept in an enclosure smaller than the guidelines as stated below: Animal weighing Square footage of enclosure Up to 25 pounds 75 25 to 50 pounds 125 51 to 100 pounds 150 101 pounds and up 200 VA D) No person shall maliciously injure or kill any animal. Nor shall they knowingly expose any animal to a known poisonous substance or toxic chemical so that the same shall be liable to be eaten by any domestic animal. E) It shall be unlawful for any person, partnership, corporation, or other entity to display, sell, offers for sale, trade, or barter, or knowingly give away any diseased animal, or allow any diseased animal that is afflicted with a contagious disease to be exposed in any place with public access. This is not meant to interfere with the daily operation of an animal shelter or veterinary clinic. F) Every owner of an animal shall provide such animal with adequate food, water and shelter. G) Any person operating a motor vehicle who knowingly hits, runs over, or causes injury to a domestic animal, shall notify the local police and report the incident and location of the animal. H) No owner shall fail to provide his/her animal with good wholesome food and water, proper shelter and protection from the weather, veterinary care when needed to prevent suffering, and humane care and treatment. Any owner of animals shall maintain a clean and healthful shelter and living area for any animal being kept, which area shall be free of accumulated waste and debris so that the animal shall be free to walk or lie down without coming in contact with any such waste or debris. All such shelters or living areas must be cleaned and maintained regularly so as to promote proper health for the animals being kept. All living areas shall be constructed and maintained to promote drainage of rain water to prevent the accumulation of mud and/or water. Shelters shall be constructed to protect the animal from precipitation and of a material which provides insulation from temperature extremes. In addition to the shelter a shaded area shall also be provided by means of other structures, trees, or awning(s). The shelter shall have a floor which is dry and constructed of a material which provides insulation or the floor augmented with resting boards. Insulating bedding materials shall be provided during inclement weather extremes. in addition, animals Must 0 at of above 0 , or- when a heat a&iser-y, wind ehill waming, or- tefHade warning has bee issued by leeal, state,or- national authority, v pt when the do is in visual rmge of a cvrpct cn♦'ud„rt-vho is rvaside with the dog, I) CRUELTY; EXHIBITION FIGHTING PROHIBITED: No person, firm, corporation, organization or department shall possess, harbor or maintain the care or custody of any animal for the purpose of animal fighting, nor train, torment, badger, bait or use any animal for the purpose of causing or encouraging the animal to attach human beings or domestic animals in the City. (1) No person shall neglect, beat, cruelly ill-treat or torment any animal or cause or permit any dogfight, cockfight or other combat between animals. For the purpose of this section, neglect, cruel, ill-treatment and torment of any animal shall constitute cruelty to be defined as follows: Cruelty: Failing to provide adequate food and water; failing to detect the need for or withholding veterinary care; creating or allowing unhealthful living conditions, infliction of suffering, injury or death to an animal by striking, beating, dropping, kicking, 8 dragging, choking, or by the use of an object or weapon; causing pain, injury, or death by means of caustic, flammable, boiling, or heated substances; causing suffering, injury, or death by suffocation or drowning; failure to provide health-related grooming. Cruelty is further defined as failure to adhere to the requirements and provisions of § 7: Care of Animals: Provisions of Necessities. In the event there is a reasonable cause to suspect that an animal is being beaten, cruelly ill-treated, neglected or tormented or involved in a dogfight, cockfight or other combat, custody of such animal may be taken by an Animal Control Officer or Police Officer and impounded in the animal shelter. The animal shall be held as evidence and confined in such facility in a humane manner. Upon finding by a court that the animal has been neglected, beaten, cruelly ill-treated or tormented or involved in a dogfight, cockfight or other combat between animals, the animal shall become the property of the animal shelter. (2) No person shall own, possess, keep, or train any bird or animal with the intent that such bird or animal shall be engaged in an exhibition of fighting. In the event that a person shall own, possess, keep, or train any bird or animal with the intent that such bird or animal shall be engaged in an exhibition of fighting, he/she shall be liable for citation for violation of this chapter and be subject to the penalties provided in Section 18 of this Ordinance. (3) No person shall be present at any dogfight, cockfight or combat between animals. In the event that a person is present at a dogfight, cockfight, or combat between animals, he/she shall be liable for citation for violation of this chapter and to the penalties provided in Section 18 of this ordinance. (4) Any person who is found present at a dogfight, cockfight, or combat between animals, and who is charged with being a spectator in violation of this chapter, and who is in possession of and/or is the owner of an animal of the same species as that involved in the animal fight, shall be charged with intent to engage in an exhibition of fighting in violation of this chapter. The animal shall be confiscated if found on the premises or in the immediate area of the dog fight, cockfight, or combat between animals. J) It shall be unlawful to leave or confine an animal in any unattended motor vehicle under conditions that endanger the health or well-being of an animal due to heat, cold, lack of adequate ventilation, or lack of food or water, or other circumstances that could reasonably be expected to cause suffering, disability, or death to the animal. SECTION 9. VACCINATION. A) No owner of any dog or cat shall keep or maintain such dog or cat over the age of four (4) months unless it has been vaccinated by a licensed veterinarian with anti -rabies vaccine. B) Proof of vaccination shall be maintained by the owner of said dog or cat for display if requested by Jeffersonville Animal Control Officer. SECTION 10. RABIES, PROCEDURE IF SUSPECTED. -A) If an animal is believed to have rabies or has been bitten by an animal suspected of having rabies, such animal may be confined at the animal shelter. It may be placed under observation of the Clark County Health Officer or his/her designee at the expense of the owner for a period of ten (10) days. if the oA%er- of the bitten animal 0 t the anifna shoete B) No person knowing or suspecting an animal of having rabies shall allow such animal to be taken off his/her premises or beyond the limits of the county without written permission of the Clark County Health Officer or his/her designee. C) Every owner, or other person, upon ascertaining an animal is rabid, shall immediately notify the Clark County Health Officer or his/her designee, the Jeffersonville City Police, or the Jeffersonville Animal Control Officer, who may either impound or destroy the animal. SECTION 11. ANIMAL BITES. A) If any person or animal is the victim of an animal bite, the victim and/or witness shall immediately notify the Clark County Health Department or the Jeffersonville Animal Control Officer of the incident and provide a description of the animal and the owner if possible. When an animal is determined to have bitten a person or another animal, the animal may be confined in quarantine for a period of ten (10) days, with the exact duration subject to the judgment of the Jeffersonville Animal Control Officer. B) If the owner of the biting animal has proof of current rabies inoculation, the animal may be left in the charge of the owner under quarantine, unless in the judgment of the Jeffersonville Animal Control Officer, it should be removed to the Jeffersonville Animal Shelter or veterinary hospital for a period of observation. C) The owner shall be liable for costs incurred during the quarantine of the animal and for any personal and property damage realized by the incident. D) The ownership of the biting animal cannot be determined, or if the owner of the animal does not furnish proof of current rabies inoculation, or if the owner fails to securely confine the animal as required, the animal may be impounded for the period of observation. SECTION 12: CONFINEMENT OF ANIMAL IN HEAT. Every female dog or cat in heat shall be confined in a building or secure enclosure in such a manner that they cannot come into contact with another animal except for planned breeding. SECTION 13. EXCEPTIONS. A) It shall not be unlawful for a person, partnership, corporation, or other association that is licensed in the practice of veterinary medicine to keep animals for such periods necessary for observation and treatment. B) The keeping of dogs and cats is not unlawful under this ordinance so long as every such dog or cat is kept as a pet and is controlled pursuant to all laws of the City, County or State. C) An owner may keep an animal otherwise prohibited under this ordinance if the person acquires and maintains a special federal or state license that allows the keeping of such animal for purposes of scientific research. D) It shall not be unlawful for a law enforcement officer to own, keep, or harbor police dogs in order to aid and maintain the City's canine unit. 10 SECTION 14. SALE OF BABY RABBITS, CHICKS, OR FOUL PROHIBITED; EXEMPTIONS. A) No person shall display, sell, offer for sale, barter or give away baby rabbits, chicks, goslings, ducklings, or other foul as novelties, nor shall any person color, dye, stain or otherwise change the natural color of these animals. B) This section shall not be construed to prohibit the sale or display of natural chicks or ducklings in proper brooder facilities. Nor shall it be prohibited by breeders or stores engaged in the business of selling said foul to be raised for commercial purposes. SECTION 15. OTHER ANIMALS. remainingA) Cats shall not be subjeet to the keense provisions as provided for- dogs, but shal subjeet to all of the seetions of this or-dinanee ineluding impoundment and disposition of B) it shall be unlawfit! for- an), per -son to keep or- maintain an), eoop or- pen in NOi ehiekens, dueks, geese, -ons are kept within a dist e ofless than fifty (50) a hundfed (100) f�et ffom any dwe ling. 1 14 shall be unlawful for- R within the y limits Ott. City of toff r -so -y lle D) Trap -Neuter -Return Program for Management of Community Cat Population Definition: TRAP -NEUTER -RETURN ("TNR"). The method of managing community cats by humanely trapping, altering, vaccinating, ear tipping, returning the community cat to the location where they were trapped where the community cats will be provided with long-term care by a caretaker. Definition: COMMUNITY CAT. Any cat or kitten that has no apparent owner or identification and is free -roaming. (A) A Trap -Neuter -Return Program will be developed by J. B. Ogle Animal Shelter to address the issues presented by feral and other community cats. To that end it recognizes that there are caretakers of community cats. (B) A Trap -Neuter -Return Program will permit J.B. Ogle (or a designee of J.B. Ogle) to engage in the trapping of community cats for the purpose of sterilization, vaccination, ear -tipping for easy identification, and any providing of other necessary medical care for community cats. J.B. Ogle may work with its designee to implement and/or administer the J. B. Ogle's Trap -Neuter -Return Program. (C) A caretaker providing care for community cat(s) may offer certain necessities on a regular/ongoing basis, including, but not limited to, proper nutrition of food and water as well as medical care as needed. If medical care is unavailable or too expensive, a caregiver should contact J. B. Ogle for assistance to prevent the suffering of a community cat. (D) If the requirements identified in this subsection are met, the caretaker is exempt from licensing and other provisions of this chapter that apply to owned cats. ., U.. .. 11 SECTION 17. INTERFERENCE WITH ENFORCEMENT OF ORDINANCE. No person shall in any manner resist or obstruct any Jeffersonville Animal Control Officer, Jeffersonville Police Officer, or any other individual authorized to enforce this ordinance. SECTION 18. PENALTIES: Any person, firm, corporation, department, or any other entity violating any provision of this ordinance shall be deemed guilty of an offense and shall be punished by a fine of not less than thirty ($30.00) twenty five ($25.00) dollars, nor more than one thousand ($1,000.00) dollars. Each day of any violation is deemed to be a separate offense. All issued Citations of Ordinance Violation shall be referred directly to for disposition. First Violation Notice: $ 30.00 12 ■ • �• • In Pr -U HF-W-9wrJM M9 10 IM NOw"Ir2M.W& • • am M SECTION 17. INTERFERENCE WITH ENFORCEMENT OF ORDINANCE. No person shall in any manner resist or obstruct any Jeffersonville Animal Control Officer, Jeffersonville Police Officer, or any other individual authorized to enforce this ordinance. SECTION 18. PENALTIES: Any person, firm, corporation, department, or any other entity violating any provision of this ordinance shall be deemed guilty of an offense and shall be punished by a fine of not less than thirty ($30.00) twenty five ($25.00) dollars, nor more than one thousand ($1,000.00) dollars. Each day of any violation is deemed to be a separate offense. All issued Citations of Ordinance Violation shall be referred directly to for disposition. First Violation Notice: $ 30.00 12 Second Violation Notice $ 60.00 Third Violation Notice $120.00 Fourth and subsequent violation notice $250.00 Waiver and/or reduction in fees. Pursuant to regulations promulgated by the director, the Jeffersonville Animal Shelter may waive or reduce any of the fees for services and/or fines set forth in this ordinance, due to financial hardship or on the basis of income level, as the case may be at the discretion of the Animal Shelter director. SECTION 19. DISPOSITION OF FINES AND FEES. All fines, fees, and/or charges shall be deposited in a special non -reverting fund for the Jeffersonville Animal Shelter. SECTION 20. RULES OF CONSTRUCTION A) Ordinance 2006 -OR -14 is hereby Amended to provide the modifications and provisions as indicted in this Ordinance. B) Any other ordinance that is in contradiction with this ordinance is hereby repealed. C) Each section of the ordinance is adopted separately. In the event that any part or section of this ordinance is deemed to be illegal or invalid, only that part or section shall be repealed. The remaining parts of this ordinance shall remain in effect. This Ordinance shall be in full force and effect from and after its passage and approval. Passed this day of A, 2016. 14 ATTEST: V cp& Vicki Conlin, Clerk City of Jeffersonville 13 r�wen President Presented to me as Clerk to the Mayor of said City of Jeffersonville this day of 2016 -L, *0, /'W� Vicki Conlin, Clerk This Ordinance approved and signed me this 1,5 �l d* of %Lp�LA ,2016 Mike Moore, Mayor 14