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396
<br />
<br />September 27, 1983
<br />
<br /> (1) CA.-83~12 The followiRg~ordlnance approv'ed on'first read'ing at the Public Hearing
<br />of September 13, 1983, was taken up and read:
<br />
<br />"AN ORDINANCE TO AMEND THE CODE gF"THE CITY OF PORTSMOUTH, KI,RCINIA, ~73, BY.
<br />AMENDING SECTIONS 53-2, 3'3'-3, 40-5i, AND 40-55, AND BY ADDING TO CHAPTER 55
<br />THEREOF, ARTICLE VI PERTAINING TO CONVERSION CONDOMINIUMS AND GROUP HOUSING
<br />PROJECTS."
<br />
<br /> On motion of Mr, Beamer and seconded by Mr, Barnes, the ordinance was adopted on final
<br />reading, and ~by the following vote:
<br />
<br />Ayes: Barnes, Beamer, Holley, Webb, Whitlow, Johansen
<br />Nays: None
<br />
<br /> (n) CA-85~14 - The'following ordinance, app?pyed on first rea4~ng at ~he Public Hearing
<br />of September 13, 1983, wa'~"takbh up 'and'read: ,. ·
<br />
<br />"AN ORDINANCE TO m~IEND THE COD,E OF ~HE CITY O[ PORTSMOUTH, VIRGINIA, 1973, AS
<br />AMENDED, BY AMENDING s~ET'ION 40~72 (a)'~ND [~)[THEREOE., PERTAINING .TQ ASSEMBLY
<br />HALLS IN COMMERCIAL Cr~3
<br />
<br /> On motion of Mr Whitlow and seconded by Mr. Hglley,. the
<br />reading, and by the following vote:
<br />
<br />ordinance was adopted on
<br />
<br />Ayes: Barnes, Beamer, Holley, Webb, Whitlow, Jo.hansen
<br />Nays: None
<br />
<br />(m) CA-83-13 An ordinance to amend the Code of the City of Portsmouth, Virginia, 1973,
<br /> by amending. S~c~ion. 40-31., .pertaining to the_.&efini.tion of kennels,
<br /> deferred from the Public Hearing of September 13, 1983.
<br />
<br />Letter from the City Ma2gger:
<br />
<br /> "As you recall, in April of this year City Council requested that the City Attorney
<br />review the City Code and offer his recommendations as it relates to the definition of "kennel~
<br />
<br /> The City Attorney ~n his response (see attached letter dated May 19, 1983), stated that
<br />the major difference between Portsmouth's Code and that of other cities was the number of dogs
<br />allowed to be penned without being deemed a kennel. Currently the Portsmouth City Code allows
<br />up to 10 dogs to be penned without having to come under the definition of a kennel. As the
<br />staff survey of other citxes indicated, Norfolk's maximum is five dogs, Virginia Beach's is
<br />four and Newport News is three. Upon Council.'s receipt of the City. Attorney'~ report the
<br />matter was referred to th~ P%anKing Commission for their review and redommendation.
<br />
<br /> The Planning Commission expanded the scope, of their review to include cats and other
<br />animals along with dogs. With regard to dogs, they recommended that the number of dogs allowe
<br />by a property owner without being classified as a kennel be reduced from ten to two. While I
<br />agree that ten is too many, I feel five would be more acceptable (versus two'. As previously
<br />indicated this would be the same number as currently allowed in Norfolk while more than that
<br />of Virginia Beach or Newport News.
<br />
<br /> Attached for Council consideration is an updated report from the City Attorney along witk
<br />a proposed ordinance. Therefore, it is my recommendation that the Planning Commission's
<br />recommendation be denied an~"t~t the n~mber of dggs allo~ed to be .kept ~n the premises withou
<br />becoming declared a kennel, be reduced from ten to five (under six monthk of'age).
<br />
<br /> Should the ~ssues of cat's and othe~ animals be of concern to ~uncil, I can have staff
<br />review the same and bring back ?ecgmmendaticns for yo¼r future consideration."
<br />
<br /> Lewis S. Tefft, 3076 John Hancock Drive, Virginia Beach, representing Portsmouth Humane
<br />Society, Inc., spoke concerning the lack of a proper education program for pet owners, inade-
<br />quate enforcement program, low license fee and fines, and requested the need for an enforce-
<br />ment program.
<br />
<br /> George M. Pettijohn, 16 Chatham Road, spoke concerning dogs being allowed to run-at-larg~
<br />in Loxley Place.
<br />
<br /> Vice Mayor Beamer left the Council ~eeting at 7:54 p.m.
<br />
<br /> Councilman Barnes asked the City Manager to look into questions raised by Mr. Tefft com-
<br />pared to other cities in the Tidewater area.
<br />
<br /> Motion of Mr. Whitlow and seconded by Mrs. Webb, that the following ordinance be approved
<br />
<br />on first reading, as recommended by the City Manager, a~d that the City Manager furnish a
<br />report relative to the status of enforcement effo. rt~ &o animal .~ontrol and alternative plans
<br />of action to increase the animal control enforcement along wilh petential revenue xncrease
<br />action, and was adopted by 4-1(Nay-HolleY) vote:
<br />
<br />"AN ORDINANCE TO &MEND'THE 'C'~DE 'OF THE CITY OF PORTSMOUTH,.VIRG!NIA, 1973,,
<br />BY AMENDING SECTION 40-31 THEREOF, PERTAINING TO THE DEFINITION OF KENNELS."
<br />
<br />
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