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HomeMy WebLinkAbout03-22-1943 Regular Meeting9TA'1 '' OF ALA3A?' A C OU=,TTy C, � ' ,LDT "IIT The Toun 3ouncil of the Town of O'ai.rhope met in regular se ,lion at the Town Hall, Honday, I.1arch 22nd, 1943 at 7: 30 P.il. with the follo-vFing members present: Hovard 1mge, -ayor, Councilmen I .O. TBerglin, C •,�. Gaston, II.P. K-caper and a •0• 3tiron. c mlouncilman Sam ljyson being absent. The minutes of the previous regular �,aeeting trere approved as read. It eras rrioted lo, Councilman C.A. Gaston and-econded by Council:lan Iv,.O. 3erglin that the building appli- cation of Tirs. Celina Cummings on Lot 14, 7311:. 16, Vola.nta, be allowed. "otion carried. It was moved by Councilman C.A. Gaston and seconded by Councilman I::.O . Bergl in that the f ollo`•:T ink ordin- ance be introduced, read in full by the "Ierk and considered by the Council, the said Ordinance being as follows: 1TO . . 167 AN OR)I_T;";ivCF TO PROVIDE THAT A1Tv PERSC: N, 14IL'I'i OA CORPOl1.'ITIO1T 1I,EPING AMf FLOCK, OR 2LOCKS OF CHIC. � JiTS, ;-IJ,-'!: , Cx: FS_; , GTJI' 11AS OR ©Tra it DOMES- TIC �0'";:^ ':iI�i'TTIi"� �I'iI? �0',irr Ow FAIr:�+OPF S 1ALL T�'�0- CUR7 A P732MIT T ,-;R�T'0tt 11 LL TIC I ,,1� n FAIi3ri0P ; TO PROVIDE FOR T.I� SUSY-L', IC1? AiTb REVOCATION Ol' TTJCH 7-:'�3Ri;IIT ; TO PRrVT_") THA.` IT SHAvl Gi U1 Lr� r- FTTL Olt A_dY PERSON, . COHPORx`,. 1rTT 10 KE 1P A' SIJC�I 1) !L STIC +0 I 'HIld TH'] CORPORt�T1; LIi'diITS WITHOUT HAVING 7I ST 1'itO1"oU ,+'D SUCH Pil..:IIT OR AFEJ13 SUCH RMUf'I'1' SHALL -HAVE 372N SUSPE%dDED OR 'lV0K-]D; A D, TO PRO77IDE T J PUNISi-reE '1jT T"_- 1R7,1`0R. 37 IT ORDAI d D BY T"ram TO'dN COTJlTCIL OF Trl T0�'�TJ OF FAIRHOPE, AS FOLLO`:; S: SECTION I: From and after the adoption of this ordinance it shall be unlA,,-ful for any person, firm or corporation to keen any flock or :locks -,f chickens, ducks, geese, guineas or other domestic fouls within the corporate limits of the Town of Fairhope withm_it having a permit ther_�for issued by the Tom of Fairhope, or to keep or such flock or flocks in sari To-,7n after or `chile such -permit is suspended, or revoked. 3,CTION II: Any person, firm or corporation desiring to keep any flock or flocks of chickens, a ichs, geese or other doaes- tic fowls - itlli:o th -? corporate limits of the Yo-77n of Fairhope shall �a.e application on a fo_m prescri'�ed by the Town Co�incil, such form of application to require the a71plicant to slzon the lot or lots on :Th ich the applicant proposes to keen such flocks, the lo- cation of the houses, coops, brood ors -end fences erected or main- tained for such purpose and their distance from str --ets and from the property line an' as t,.ell their distance from resi _'_ences and as well their distance fr^m commercial and business houses ad- joining' or nearest thereto and a_.so fron the residence and business house of the applicant if on or adjacent to the lot or lots proposed to be used for such purpose, the number of fowls proposed to be kept in each flock, a''uet �r si_?ch flock or flocks are to be kept for home consumption or for commercial purposes; tree sanitation conditions under which they are to be kept, and as tiell such other information as t'=e mayor shall deem proper; and give therm such information as may be required by such form, the sar_Ze to be filed pith the Mayor or Clerk. Upon the filin; of such arplic-ation or as soon thereafter as practicable, the Mayor shill r,ialce or cause to be made an inspection of the p-emises vrhereon it is proposed to keep such fouls. If such premises shall be found to be free from unsanitary droppings, .refl.z se and objectionable odors and in such condition as not to breed flies and so located as not to be ob- noxious to the public or to the adjoining or near property owners, he shall issue such permit; if not, Vnen he sled_; 1 refuse such per- mit until such time zs the o"fens;_ re substance or condition shall have been remov=d. SECTION III: The TlayTor shall as often as he or the C o .nci l shall deem it necessary or proper make or cal'ise to i_iade an in- spection of any premises of any person, firm or corporation to vgom a permit shad have been issued; and i.,: the premises whel-e such fo-:ls are kept shall n t b � free from objectionable or ,nsanitaryl drop-ni_ c refuse and odors, or sha._,_l be in condition to breed flies, or shall be or have becoYne obnoxious to the pu)lic or to adjoining or near property o-„ners, he shall so notify* the holder of t'-ie permit �_,,nd re-- require such objectionable substance or dondition to be re-r!ioved within a, reasonable time, to be fi.-red by him; anal if such object- ionable: substance or condition be not removed within the time so fired, the 'Mayor shell suspend the p rriit, '.antil such objectionable substance or condition shall have been removed. If such flock or flocks be kept so near or open to public thorouEr,rfare s or to ad- joining or near prone rty owners as to be a nuisance the T,Tayor may revoke any -n rriit issued hereunder. S.TCTIUY IV: Any p-rson, firm or torpor-.tion convicted of he.ping any flock or flocks of chick ns, ducks, geese, guineas or other domestic fowls without a r,irmit or after, or d-.i`rin the tune any such permit has been suspended or revoked shall be fined not more t'_an 450.00 and rriay be sentenced to hard la" -)or for thf� Town of Fairliope for not more than 10 days. =1CTIOi7 V: Any person, firm or corpor::.tion w:Llose appli- cation for a rermit has b en refused or tiahose -oermit i as b. en sus- rended or revo ed rna r ai�peal to the To�.;n Go .ncil io s'_r-11 set a day an-1 hear such a, -)pear, an i from th Council's ruling- an appeal may be taken by the applicant to the Circuit Court of Baldwin Dounty; but any such appeal to the Council or to the Courts shall not author- ize the anplieant to k;ep any such flock or flocks unless and until the a� peal shall have 'been determined in his, her, tleir or its favor; nor shall it relieve him, her, their or it froi.i cri::.i ial lib ­�ilit;, hereunder for keeping such flock or flocks Yjithout a per - unit or after t'ie :_permit is suspended or revoked and during the pend- (incy of the appeal. 7CTION VI: This Ordinance shall r-o into effect uT)on its adoption and a-nproval. ]C'-ION VII: Ordinance 17.,mber 153 adopted July 28, 1941, be and the same is h=reby repealed, e-:cept `r'-�U all T)errnits here- tofore issued th'reunder shall be and remain in fo .,ce and effect unless and ,intil sus-oended or revoked hereunder. S ACTION `fII'I: AnY` t heretofore issued under Ordinance IT :uraber 158 may be suspen.:Led or revoked in li-,:e manner as if issued h-reunder. • Ador+-d 11, r 1 22, 19 43. e r k J Approved Mares! 2,21 1943 Mayor. � It �:as moved by Councilman J.O. Stirarson and seconded by Councilman H.P. YTamner that all rules and regulations of the Statutues of the Town Council of the Town of 'airhope which naiFht prevent, unless suspended, the immediate consideration and final passage and adoption of said ordinance, at 'this rieet- ingf, "oe suspended. The question being nut ippon the ado-otion of said motion and susrension of the said rules and regulations, the Poll was called . ith the following results: Voting Aye: Howard huge, Yayor, Councilmen C.'.. Gaston, 11.0. Berglin, ?.]'. 1 -amrer and J.O. Stimpson. Voting Nay: ,lone. Mayor declared the motion carried. Councilman :...0.-3erglin thereupon moved that the said Ordinance be finally gassed and be adopted as intro- duced. councilman H.P. l�z.mper seconded the :otion. The question being nut upon the final passage and adopt- ion of said Ordinance, the ' roll was called with the fol.lot*ling results: Voting Aye: Howard huge, 3.1ayor, C.L. Gaston, 1'.0. Berglin, H.P.--am-)er and J.O. Stimpson, Councilmen. Voting _lay: Done. Thereupon, the ,,ayor declared saidmotion carried and Ordinance finally passed and adopted. The i'ayor there- uron sijgned said Ordinance in approval of the sane. It was moved by Councilman C'A. Gaston and seconded by Councilman 1.C. Berglin that ComminiE;s wall be made avail- able to the Parent -Teachers Association for the entertain- nent of young people one evening each v,.,eek without charge. --otion carried. It was duly moved and seconded that the ;:�eeting adjourn. .,Lotion carried. Attest: c-� ft/1 J_' Clerk Annroved: Mayor