ORDINANCE NO. BL2000-500

An ordinance authorizing The Metropolitan Department of Public Works to remove dead animals from the public right of way and from private property under certain circumstances and providing for the disposal of same.

Whereas the removal and disposal of dead animals is in the interest of and is necessary for the preservation of the public health, safety and welfare; and

Whereas, the removal of dead animals within the Urban Services District has heretofore been the responsibility of the Department of Public Works ("the Department"), such removal being restricted to dead animals located within the public right of way; and

Whereas, the removal of dead animals within the General Services District has heretofore been the responsibility of the Board of Health ("the Board"), such removal being performed whether the animal remains are located on the public right of way or on private property; and

Whereas it is in the interest of the Metropolitan Government to locate responsibility for dead animal removal within the Department of Public Works,

Now, therefore, be it enacted by the Council of the Metropolitan Government of Nashville and Davidson County:

Section 1. Upon receiving notice of a dead animal being located within the public right of way, the Department shall as expeditiously as possible, remove said animal for disposal in accordance with the provisions of section 3 hereof.

Section 2. (a) Upon receiving notice of a dead animal being located on private property, the Department shall attempt to locate the owner of record of such private property. If the owner can be contacted, then the dead animal will be removed as expeditiously as possible by the Department for disposal in accordance with the provisions of section 3 hereof, provided that the authorization and release attached hereto is executed by the owner or his authorized representative.

(b) If the owner refuses to execute said authorization and release, then it shall be the responsibility of the owner to remove the dead animal within 48 hours of notification from the Department to do so; and to cause the animal's remains to be disposed of in an appropriate manner, all at the property owner's expense.

(c) If the property owner has not been located and contacted within two business days of the Metropolitan Government's receipt of notice of the presence of the animal, the Department of Public Works is authorized, subject to the written certification of the Director of Health pursuant to section 2.36.020, to enter upon the property upon which the animal is located for the purpose of removing the animal for disposal in accordance with the provisions of section 3 hereof. In the absence of such written certification, removal of the dead animal shall be the responsibility of the owner of the property pursuant to subsection (b).

(d) The failure of a property owner, upon receipt of notice from the Department to comply with the provisions of this ordinance either by promptly executing the authorization and release attached hereto, or, in the alternative, complying with the provisions of subsection (b), shall be punishable by a penalty not to exceed $500.00, with each day of noncompliance constituting a separate violation.

Section 3. Dead animals removed by the Department of Public Works pursuant to this ordinance shall be delivered by the Department to the Board of Health's animal control facility for incineration or disposal by other appropriate means. Disposal shall be the responsibility of the Board of Health.

Section 4. The Director of Public Works and the Director of Health acting jointly shall have authority, subject to the approval of the Mayor, to implement this ordinance by appropriate regulations.

Section 5. This ordinance shall take effect from and after its passage, the welfare of the Metropolitan Government of Nashville and Davison County requiring it.

Sponsored by: Don Knoch & Howard Gentry

LEGISLATIVE HISTORY
Introduced:	November 9, 2000
Passed First Reading:	November 9, 2000
Referred to:	Public Works Committee
Passed Second Reading:	November 21, 2000
Passed Third Reading:	December 5, 2000
Approved:	December 12, 2000
By: