(A) Prohibition. It shall be unlawful for any person to keep, harbor, maintain, or permit, or suffer to be maintained any animal, as defined in subsection (B) below, upon any property or premises within the corporate limits of the city, without a permit having issued by the city as hereinafter provided, or if otherwise excepted under subsection (C) below. The keeping of such animals in violation of the terms of this section is hereby declared to be a nuisance against the public health of the city, and such nuisance shall be subject to abatement as provided by law or penalty as hereinafter set forth.
(B) Definitions. For the purpose of this section, the following definitions apply unless the context clearly indicates or requires a different meaning.
ADJOINING. Property touching or in actual contact with the applicant’s property. It shall not include property lying nearby but which is separated by an alleyway, roadway, street, or otherwise.
ANIMAL. Any horse, mule, donkey, pony, cow or cattle, sheep, goat, pig, hog, dog, cat, rabbit, chicken, goose, duck, turkey, peacock, swine, or other animal, fowl, or reptile.
AT LARGE. Neither enclosed within a building, fence, or other enclosure of sufficient strength and construction to restrain and keep the animal within the building, fence, or other enclosure, nor securely restrained and controlled by a person by a leash, harness, or other constraint.
HOUSEHOLD PET. A domesticated animal regularly kept as a pet within a house or enclosed yard, including dogs, cats, hamsters, guinea pigs, caged birds, or any other animal used to assist handicapped persons, but not including horses, mules, donkeys, ponies, cows or cattle, sheep, goats, pigs, hogs, chickens, geese, ducks, turkeys, peacocks, swine, or other animals, fowls, or reptiles. Vietnamese potbellied pigs shall not be considered HOUSEHOLD PETS.
THREE STRIKES. Subsequent to issuance of a proper permit by the city, if there are three or more confirmed complaints or violations of § 6-5, the permit shall be revoked by the city.
(C) Exceptions.
(1) Animals may be kept in areas zoned as agricultural or heavy industry, subject only to the restrictions of the respective zoning ordinances.
(2) Animals kept or treated at veterinary hospitals or clinics.
(3) In the case where an animal dies and it is necessary to bottle feed its newborn, the same shall be permitted for a period not to exceed 60 days.
(4) Household pets may be kept, subject to compliance with other code sections specifically applicable to the same.
(D) Permit requirements.
(1) The city shall prepare an application form which shall be available to the public at the city office during regular office hours.
(2) All persons requesting a permit shall complete the required application, pay the required application fee, and comply with all requirements herein.
(3) Permits shall be issued by the city’s Animal Control Officer, or other designee, upon acceptance of the application, payment of the application fee, and verification of all signatures thereon.
(4) To qualify for a permit, the applicant must obtain the approval and signatures of all owners of properties adjoining the applicant’s property, and at least 51% of the owners of all properties lying within 300 feet of the perimeter of the applicant’s property.
(5) In the event that an owner of an adjoining property cannot be located and contacted because of being out-of-state or otherwise, the applicant may request an exception from the City Business Manager, who may grant an exception if all other requirements herein have been complied with.
(6) Permits are subject to revocation upon the application or written request of at least 51% of adjoining landowners or 51% of the owners of properties lying within 300 feet of the applicant’s property.
(7) The initial permit shall be valid from its issuance date until the following March 15, at which time, said permit shall expire and shall be subject to renewal and payment of the renewal fee. Thereafter, the permit shall be subject to annual renewal on or before March 15 of each year, and payment of annual renewal fee.
(8) Permits shall be in effect until expiration or revocation.
(E) Additional provisions.
(1) Every approved applicant shall confine all animals located on the approved premises in an enclosure or fence line sufficient to prevent their running at large. Each enclosure or fence line shall have shelter commensurate with that typically used for the animal being confined, and the premises and shelter shall be maintained in a clean and sanitary condition.
(2) Food for confined animals shall be stored in ratproof, flytight containers or stacked and stored in a reasonably prudent manner in such manner as to prevent a public or private nuisance.
(F) Expiration or revocation of permit. Upon the expiration or revocation of the permit issued under § 6-5, the approved applicant shall promptly remove all animals, enclosures, shelters, feed, and containers from the premises, but no later than 30 days from the expiration or revocation date. Failure to comply with this subsection (F) shall result in impoundment of the animals and removal of the enclosures, shelters, feed, and containers at the approved applicant’s expense, and other penalties provided herein.
(G) Grandfather clause. Upon enactment of this section of the Alva City Code of Ordinances, persons who have animals located within the city in violation of § 6-5 shall have 30 days to make application for a permit as hereinabove set forth, or to remove the animals. Provided, the applicant shall only be required to obtain the consent and signatures of all adjoining property owners; subject, however, to the provisions of subsection (D)(5) above. The applicant must comply with all other municipal codes and ordinances.
(H) Penalty. Any violation of any provision contained in this chapter is an offense against the city. Upon conviction of any such offense, the violator shall be punished by a fine as provided by § 1-14 of this code, and costs.
(Prior Code, § 6-5) (Ord. 2008-14, passed 1-21-2008)