§ 90.027 ACREAGE REQUIREMENTS FOR CERTAIN DOMESTIC ANIMALS AND PROHIBITION OF SWINE.
   (A)   (1)   Any person desiring to keep any of the following named domestic animals or fowl in the town must have a minimum of five contiguous acres of land in the town, upon which the animals would be kept and which acreage must be fenced to confine such animals:
         (a)   Cow, ox, cattle, calves, or other livestock;
         (b)   Donkey, ass, burrow, mule;
         (c)   Sheep;
         (d)   Goat;
         (e)   Chickens, rooster, geese, turkeys, ducks, or other fowl, except racing or homing pigeons;
         (f)   Bees; and/or
         (g)   Horses.
      (2)   The maximum number of such animals which may be maintained on such property shall be determined in light of current animal husbandry and veterinary standards.
   (B)   In no event shall the shelter and feeding station for any of the animals or fowl designated in division (A) above be closer than 50 feet from the adjoining property line. Nothing in this section shall be deemed or construed to prohibit the keeping of bees in a hive, stand, or box located or kept within a zoological park, school, or university building for the purpose of study or observation, as long as the public safety is ensured.
   (C)   Any person desiring to raise rabbits or pets or racing or homing pigeons within the town must keep such animals and birds in safe and sanitary conditions so that a public nuisance as defined herein is not created.
   (D)   No person may keep within the town as presently or hereinafter established any swine or pig pens or hog sties which are hereby declared to be a nuisance in the town. Notwithstanding the provisions contained herein, the keeping of a Vietnamese pot-bellied pig shall be permitted as long as the following conditions are met:
      (1)   The owner of a Vietnamese pot-bellied pig shall obtain from the Clerk-Treasurer a license for the keeping of the pig. The fee for the license shall be $25 and shall be acquired on an annual basis. The applicant for a license must, at the time of application, provide proof from a licensed veterinarian that the pot-bellied pig has been tested and found not to have pseudorabies and brucellosis. Furthermore, the applicant must provide proof that the pot-bellied pig has been vaccinated for erysipelas.
      (2)   No pot-bellied pig shall be used for breeding. Upon making application for a license to keep a Vietnamese pot-bellied pig, the applicant must provide proof that the pot-bellied pig has been spayed or neutered. If the potbellied pig is not mature enough yet to have the surgical procedure, then only a temporary license shall be issued with a date requiring that the animal would be spayed or neutered by said date. Failure to complete the surgical procedure by the date that the temporary license expires will result in revocation of the license.
      (3)   Only one pot-bellied pig may be kept in any one residence.
      (4)   The tusks of male Vietnamese pot-bellied pigs shall be removed.
      (5)   The licensee shall prevent the squealing or any other animal noises from disturbing neighbors. Further, the licensee shall remove and properly dispose of the Vietnamese pot-bellied pig’s excrement on a regular basis.
      (6)   A violation of any of the conditions of the Vietnamese pot-bellied pig license as outlined above shall result in the revocation of the license. The Town Council shall be vested with the authority to determine after due notice to the licensee if a violation of the license has occurred.
(1996 Code, § 71.09) (Ord. 2002-4, passed 5-1-2002) Penalty, see § 90.999