2005-287
REVISED ORDINANCE NO. 2005-287
An ordinance permitting bird sanctuaries, with penalties, injunctive relief, and other
remedies as set forth in proposed Janesville City Ordinance Section 8.58.020.
THE COMMON COUNCIL OF THE CITY OF JANESVILLE DO ORDAIN AS
FOLLOWS:
SECTION I. Chapter 8.58 of the Code of General Ordinances of the City of Janesville
is hereby created to read as follows.
BIRD SANCTUARIES
8.58.01 0
8.58.020
Bird Sanctuaries
Violation - Penalty.
8.58.010
Bird Sanctuaries
A. Bird Sanctuary Guidelines.
All property owners wishing to install, plant, maintain, or permit vegetation to create
a bird sanctuary for the purposes of attracting and observing birds must adhere to the
guidelines and regulations set forth in this chapter.
1. Bird Sanctuary - Definition. A reserved area of a yard maintained to attract,
feed, shelter and observe birds.
2. Location. Bird sanctuaries shall be located in the rear yard portion of
residentially zoned properties set back at least five feet (5') from all lot lines.
3. Size. Bird sanctuaries shall be limited in size to 100 square feet.
4. Maintenance. Vegetation in Bird Sanctuaries shall be managed by the property
owner and possessor such that it represents planned and designed control, direction,
and maintenance by the property owner. Only plants not referred to on the noxious
weeds list (Chapter 8.56) may be planted, maintained or permitted in bird sanctuaries.
Not withstanding Janesville City Ordinance 8.56.010 to the contrary. this chapter
permits grass over 12 inches but only in Bird Sanctuaries.
8.58.020
Violation - Penalty.
A. Any person who violates any of the provisions of this Chapter shall pay to the City,
upon conviction thereof, a forfeiture of not less than twenty-five dollars ($25.00) nor
more than five hundred dollars ($500.00), together with the cost of prosecution. In
default of payment of such forfeiture and the costs of prosecution, the violator, in
addition to any other remedies provided by law for such defaults, may be incarcerated
in the Rock County Jail until such forfeiture and costs are satisfied.
B. Each and every day that a violation continues constitutes a separate offense.
C. It shall be the responsibility of the offender to abate the violations as expeditiously as
possible.
D. The city, in addition to the above penalties, may institute injunction, mandamus,
abatement or any other appropriate action or proceeding to prevent, enjoin, abate or
remove the violation.
E. In addition to and not necessarily in lieu of the forfeiture, penalties and other relief set
forth in this ordinance, upon seven (7) days written notice to the property owner
and/or possessor, in the event that the subject property is not brought into and/or kept
in conformity with the regulations and requirements set forth in this Chapter, the City
may enter upon the property to bring it into conformity, in which event the full cost of
such remediation shall be charged by the City against the property as a special charge
or assessment, and if not timely paid shall be collected as a delinquent tax.
SECTION II. This ordinance shall take effect immediately upon adoption by the
Common Council, the public health, welfare, peace, tranquility, good order, public
benefit, and police power so requiring.
ADOPTED:
September 12. 2005
Motion by: Addie
Second by: DeGarmo
Councilmember Aye Nay Pass Absent
Brunner X
Brien X
Williams X
Wellnitz, Tim X
Wellnitz, Tom X
DeGarmo X
Addie X
ATTEST:
¿.-t..,
nn Wulf, City Clerk-Treasurer
APPROVED AS TO FORM:
CityAtto~
Proposed by:
Prepared by: Planning Department