Label
Limit Number of Dogs without permit
Councilman Martinez
Title
Submitting to the Toledo City Plan Commission an amendment to TMC to add 1104.1205: Limitation of number of Dogs Permitted in City Limits, without a permit; authorizing a public hearing on said text amendment and publication of said hearing; and declaring an emergency.
Body
SUMMARY AND BACKGROUND:
The Toledo City Council proposes a text amendment to Toledo Municipal Code subsection
1104.12, Animal Shelters and Kennels. Complaints have come into the city on a regular basis of homeowners having multiple dogs and also running “doggy daycares” in the neighborhood.
Toledo City Council would like to request the Plan Commission study the benefits of and report
back on creating a special use permit that would permit the legal ownership of more than five dogs within the boundaries of the City of Toledo.
The Council is looking to ensure citizens have a clear and concise understanding of their city’s code by adopting an explicit codification of regulations limiting the number of dogs an individual may own within city limits. The Council is also looking to enable citizens with more than the permitted number of dogs the opportunity to receive a special permit that would grant them an exception to the dog limit so long as certain criteria are met.
Benefits of explicit dog limitations and the creation of a special permit:
1. Explicit Codification: By codifying these regulations more explicitly, the city can more
effectively enforce the rules, reducing reliance on external bodies like the Lucas County auditor. This would also help citizens better understand the regulations without needing specialized legal knowledge, ensuring greater transparency and compliance within the community.
2. Limit Nuisances: Implementing a limitation on the number of dogs allowed per property
could help mitigate these risks and ensure that potential disturbances, such as noise, waste management, and safety concerns, do not arise.
3. Special Permit: Introducing a special permit for citizens who wish to have more than five dogs on their property offers a balanced solution. This permits individuals to legally exceed the general dog limit while ensuring that all necessary criteria and conditions are met, thus safeguarding the community from potential nuisances or safety concerns. The permit process would include checks to ensure the property can accommodate the additional dogs in a safe and sanitary manner, potentially including requirements for adequate space, waste management, and noise control.
This proposed amendment aims to enhance the Toledo Municipal Code by offering citizens a
clearer understanding, empowering the City of Toledo to more effectively address animal nuisances, and establishing a special permit that allows residents to own more dogs than would be permitted by law by amending Chapter 1104 of the Toledo zoning code to include section 1104.1205, Number of Dogs Permitted in City Limits.
Summary
NOW THEREFORE Be it resolved by the Council of the City of Toledo:
SECTION 1. That a study be done to determine the value of creating a new Toledo Municipal Code Section 1104.1205 part Eleven, Planning and Zoning, Toledo Municipal Code.
SECTION 2: That the request for a proposed text amendment is hereby referred to the Toledo City Plan Commission for its review, recommendation, and appropriate hearing date. That a public hearing upon a proposed ordinance to effectuate the above-described change shall be held in the Council Chambers at One Government Center and the Clerk of Council is hereby authorized and directed to give notice of the time and place of said hearing in the manner required by law.
SECTION 3: That this Resolution hereby is declared to be an emergency measure and shall take effect and be in force immediately from and after its adoption. The reason for the emergency lies in the fact that same is necessary for the immediate preservation of the public peace, health, safety, and property; and for the further reason that this Resolution must be immediately effective so that the text amendment can be expeditiously forwarded to the Toledo City Plan Commission so the proper time may be committed for the proposed text amendment.
Vote on emergency clause: yeas 12, nays 0.
Adopted: September 11, 2024, as an emergency measure: yeas 12, nays 0.
Attest:
Julie A. Gibbons Carrie Hartman
Clerk of Council President of Council
Approved: September 11, 2024
Wade Kapszukiewicz
Mayor