HomeMy WebLinkAboutResolution 752 RESOLUTIOPI #752
� A RESOLUTIOTd DECLARING '"HE t1AINTENANCE
AlVD FEEDIr1G OF DUCKS AT PROPERTY OWNED
BY NEHRINGS AND WHITES TO BE A PUBLIC
YdUISAIVCE AND IN VI(�LATIOPI OF THE ZONIPdG
CODE OF THE CITY OF ORONO
WHERE�S, the City Council has reviewed the problems
created by the feeding of an excessive number of ducks at the
property owned by P4r. and 1`�rs. �ahite at 3908 Cherry Avenue,
and at the property owned by Mr. and Mrs. rlehring at 1972 Shady-
wood Road, and
P7HEREAS, the City Council has received numerous petitions
from neighbors in the area in the last t�eo years, which petitions
set forth nur.ierous reasons why the presence of these ducks were
adverse to the health, safety and welfare of the citizens of Orono
in the neighborhood, and
WHEREAS, the City Council and staff have reveiwed the
above situation in depth over the last two years and has obtained
nur.lerous reports fror,l experts including the health officer for the
City of Orono, and
WHEREAS, these reports indicate that the presence of this
� nurtber of ducks at the White and the Nehring property is adverse to
the health, safety and welfare of the citizens of Orono and is, in
fact, adverse to the health of the ducks themselves and other ducks
that later may have contact with these duc}:s,
P10P7, THEREFORE, the City Council of the City of Orono makes
the following findings of fact and directs that the following action
be taken:
l. The activity of keeping the ducks at the White and/or
Nehring property has resulted in the creation, the maintenance and
promotion of a public nuisance in violation of Orono 1�4unicipal Code,
SSII2. 030, Subsection B and C, and 82.040, Subsection E.
2 . That these activities are in violation o.f SS30. 040 ,
34. 031 and 34. 530 of the Orono Zoning Code in that the keeping of
ducks (animals) require a conditional use permit and there has been
no conditional use permit applied for or granted for the Whites and/or
rlehrings.
3. That the feeding of ducks at these properties is adverse
to the health of the ducks in the area and ducYs that may come in
contact with these ducks in the future.
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Resolution #752
Page 2 _
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4. That the staff communicate and obtain from the LMCD
a revocation of the bubbler mechanism that had previously been
granted to Mr. White on the basis that the use of the bubbler has
created and promotes a public nuisance.
5. rnhe staff i� directed to inforM the Whites and the
Nehrings that the feeding of the ducks is to cease today and that
any additional feeding by thern and/or their agents in the future
will constitute a violation of the nuisance and zoning provisions
above stated and that they should be tagged immediately for each day
in which that feeding takes place for a misdemeanor.
6. That the Whites and the t7ehrings be granted ten days
time in which to cease the use of the bubbling mechanism and/or any
other Mechanisms or procedures which result in the keeping of the
ice off of those portions of the lake in front of their house and
that if the Whites and Nehrings desire to do so, they rerlove their
docks during that ten day period.
7. That the Whites and the Pdehrings take no action which
promotes the maintenance of open water in front of their hoMes and
� if they do so, they will be tagged for violating the nuisance cha�ter
and the zoning code.
lhe above resolution was adopted by the City Council of the City of
Orono by a vote of 5 ayes and 0 nays on February 14, 1977.
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'��- � il ���r �� •
�dilliam B. Van Nest, P'Iayor
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Attest:
ter e on, Clerk-Adri istrator
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