ORDINANCE NO. 4-2020
AN ORDINANCE REPEALING CHAPTER 4, TITLE 5 OF CITY CODE, ENTITLED “ANIMALS,” AND ENACTING A NEW CHAPTER 4, TITLE 5 OF CITY CODE, SETTING FORTH THE LIMITATIONS AND PROHIBITIONS FOR HARBORING CERTAIN TYPES OF ANIMALS AND HERDING ANIMALS WITHIN THE CITY AND PROVIDING PENALTIES FOR VIOLATIONS.
BE IT ORDAINED by the Mayor and Council of the City of Cambridge:
Section 1. Chapter 4, Title 5 of the Cambridge City Code is hereby repealed.
Section 2. The following is hereby enacted and codified as Chapter 4, Title 5 of the Cambridge City Code:
TITLE 5 - CHAPTER 4 – ANIMAL CONTROL ORDINANCE
5-4-1: SHORT TITLE:
This chapter shall be known as the “Animal Control Ordinance.”
5-4-2: PURPOSE:
The purpose of this Chapter is to preserve the quality of life and cultural traditions that are part of the city's heritage while also protecting the health, safety, and welfare of the citizens of Cambridge. These regulations prohibit the harboring of certain types of animals within the corporate limits of the city and set forth the  limitations for harboring of other animals within the corporate limits of the city.
5-4-3: DEFINITIONS: 
For purposes of this Chapter, the following mean:
ANIMAL: Any mammal, reptile, amphibian, fish, bird (including all poultry) or other member commonly accepted as part of the animal kingdom.
ANIMAL CONTROL OFFICER: Any individual authorized by the city to enforce the provisions of this chapter including any state or local law enforcement officer whose duties in whole or in part include assignments that involve seizure and impoundment of any animal.
ANIMAL UNIT (AU): A standard unit used in calculating the relative grazing impact of different kinds and classes of livestock. As used in this chapter, it defines the maximum number of livestock allowed to occupy one (1) acre of pasture land within the city limits.
ESTABLISHED LIVESTOCK ROUTES: Street sections designated for the herding of livestock through the corporate limits of the city, as designated by this Chapter.
HARBORING: Allowing any animal to remain, or to be lodged, fed, or sheltered on the property one owns, occupies or controls.
HERDERS: Persons engaged in the act of herding.
HERDING: The act of moving an individual animal or group of animals from place to place.
LIVESTOCK: Domesticated animals, traditionally kept for use or profit, which are housed outdoors and commonly associated with a farm or ranch or performing work in an agricultural setting. Such animals include: members of the equine family (horses, mules), bovine family (cows, bulls), sheep, swine (pigs), goats, bees, llamas, alpacas, but excluding poultry and rabbits, which are defined separately.
OWNER: A person having the right of property or custody of an animal, or who harbors an animal or who knowingly permits an animal to remain on or about a premise occupied, owned or controlled by that person.
PASTURE: An open field or grassland, within a city lot, without buildings (other than those used for harboring animals), yards, gardens or roads, enclosed by a fence and used to confine livestock.
PERSON: An individual, corporation, partnership, limited liability company, or other organization commonly recognized by law.
POULTRY: Domesticated birds kept by humans for their eggs, meat or feathers. Poultry includes such animals as: ducks, geese, turkeys, and chickens but excludes roosters, which are defined separately.
RABBITS: Any of various burrowing animals of the family Leporidae having long ears and short tails, which are domesticated and raised for pets or food.
RESTRAINT: An animal shall be considered under restraint if it is confined within the real property limits of its owner, is secured by a leash, lead or chain, or is confined within a vehicle in a manner that prevents escape.
ROOSTERS: A male domestic chicken.
RUNNING AT LARGE: An animal shall be deemed to be running at large when found to be off the property of the owner and not under restraint or control.
SECURE ENCLOSURE: An enclosure that shall not allow the egress of livestock in any manner without human assistance.
WILD ANIMAL: A nondomestic animal. Those animals commonly considered to be naturally wild and not naturally trained or domesticated, or which are commonly considered to be inherently dangerous to the health, safety, and welfare of people, which shall include but not be limited to, any wild animal as determined by the United States Endangered Species List.
5-4-4: RIGHTS OF ANIMAL CONTROL OFFICER:
The animal control officer, or other designated official, may take up or cause to be taken up any of the animals named in this chapter found to be running at large within the corporate limits of the city.
5-4-5: HERDING WITHIN CORPORATE LIMITS:
A. Notification Required: It shall be unlawful for any owner to herd livestock within the corporate limits of the city unless the owner notifies the city clerk or other city official, the county sheriff’s department, and all property owners along the Established Livestock Route not less than twenty-four (24) hours prior to herding livestock within the corporate limits of the city.
B. Herding on Established Livestock Routes:
1. Herders Required: It shall be the duty of the owner to provide sufficient herders to confine the livestock to Established Livestock Routes in order to protect the property adjacent to the livestock routes from damage by the livestock.
2. Sheriff Escort: If upon notification by an owner, the county sheriff determines that in order to protect the property adjacent to the livestock route from damage by livestock to be herded, a county sheriff escort is required, then the owner may not herd the livestock without such county sheriff escort being present.
3. Owner to Pay Costs: The livestock owner shall pay all costs associated with herding livestock through the city including, but not limited to, county sheriff’s escort and damage to public and private property caused by the livestock.
4. Established Livestock Routes: The following street sections are designated as Established Livestock Routes for the herding of livestock through the corporate limits of the city:
a. Hopper Avenue/State Highway 71 westbound between city limits and 5th Street.
b. 5th Street between Hopper Avenue/State Highway 71 westbound and Central Boulevard.
c. Central Boulevard between its north city limits and the Central Boulevard/US Highway 95 northbound city limits.
d. Mill Road between city limits, then joins Superior Street to Central Boulevard.
e. Cemetery Road between city limits, then joins Superior Street to Central Boulevard.
f. Railroad Street between Salubria Road and Central Boulevard/US 95 northbound.
g. Salubria Road between city limits and Superior Street/US Highway 95 southbound city limits.
Unless directed otherwise by city officials or police, the Established Livestock Routes are to be the sole routes used to herd livestock through the corporate limits of the city.
5-4-6: ANIMALS RUNNING AT LARGE:
It shall be unlawful for any owner to allow an animal to be running at large within the corporate limits of the city.
5-4-7: PROHIBITED ANIMALS:
It shall be unlawful for any person to harbor any wild animals and any of the following animals: swine, bull cows with a weight of 400 pounds or more, any furbearing animal, hawk, eagle, beehives, bee colonies, roosters, mature male buck goats, birds of the Ratite family, peafowl, guinea fowl, bison, buffalo, and beefalo.
5-4-8: HARBORING LIVESTOCK:
It shall be unlawful for any person to harbor livestock within the corporate limits of the city, except under the terms set forth in this section.
A. Minimum Lot Size Required:  A minimum of one acre is required to harbor livestock, of which, a minimum of one-half acre must be pasture.  It shall be the owner’s responsibility to prove to city officials that the lot and pasture comply with the minimum lot size requirement.
B. Maximum Animal Unit Allowed: One (1) animal unit is allowed for one-half acre of pasture in the corporate limits of the city. One (1) additional animal unit is allowed for each additional half-acre of pasture. For example, if one half of a one-acre lot is pasture, one animal unit is allowed. Maximum density is two animal units per acre of pasture. The following animal unit conversion chart shall be used to calculate the number of specific livestock allowed on pasture in the corporate limits of the city:
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Livestock Kind              Livestock Class                                  Animal Unit Factor
 
CATTLE                          MATURE COW                                       1.00
 
CATTLE                          MATURE COW W/NURSING CALF      1.32
 
CATTLE                          WEANER CALF                                      0.5
 
CATTLE                          YEARLING (9-18 MONTHS)                  0.7
 
DONKEY/ BURRO          BURROS AND PONIES                        0.6
 
GOATS                          NANNY W/KID                                    0.3
 
GOATS                          MATURE GOAT                                  0.2
 
HORSE                          HORSE                                                1.00
 
MULE                            MULE                                                  1.00
 
SHEEP                            EWE W/LAMB                                    0.3
 
SHEEP                            MATURE SHEEP                                    0.2
Unless otherwise specifically given an animal unit factor in the above chart, the offspring of animals that are being harbored within the maximum density unit allowed will not be counted as an animal unit factor until such offspring reach nine months of age. 
C. Exceptions to Minimum Lot Size/Maximum Animal Unit Requirements:
Educational Purposes: Livestock less than one (1) year old may be harbored temporarily in pasture within lots of less than one (1) acre in size and only for educational purposes, such as 4H, FFA, or youth raising livestock as a family project.  The maximum animal unit density shall not be exceeded, and no long-term breeding operation can be maintained on a city lot less than one (1) acre in size. Such livestock can only be harbored under this exception between March 1st and August 31st.
Clean-Up Purposes: Upon application and approval by City officials, an owner may use a number of livestock exceeding the maximum density allotment and/or on city lots less than one (1) acre in size on a temporary basis (not exceeding 30 days) and only for the following purposes: to graze off vegetation, to reduce fire hazard, and to enhance the overall appearance of property.
D. Standards for the Harboring of Livestock: Livestock must be kept within a secure enclosure, which enclosure must comply with setback requirements.
5-4-9: HARBORING POULTRY AND RABBITS:
It shall be unlawful for any person to harbor poultry or rabbits within the corporate limits of the city, except under the terms set forth in this section.
A. Minimum Lot Size Required and Maximum Animal Numbers Allowed:
1.  Chickens and Ducks:  A maximum of 6 chickens and/or ducks per household are allowed on a minimum of (1/8) one-eighth acre.  A maximum of 12 chickens and/or ducks per household are allowed on a minimum of (1/2) acre or larger of pasture.
2.Geese and Turkeys: The minimum area required for geese and turkeys is one (1) acre, of which, one-half acre must be pasture.  A maximum number of 10 geese and/or turkeys shall be permitted for one-half (1/2) acre of pasture.  A maximum number of 20 geese and/or turkeys per household are allowed on a minimum of one (1) acre or larger of pasture.
Rabbits: No more than twelve rabbits may be harbored per (1/8) one-eighth acre.
B.  Standards for Harboring Poultry and Rabbits: Poultry and rabbits must be kept in a secure enclosure. The secure enclosures must be at least 20 feet from the neighboring property. The secure enclosures must be located to either side or the back of the residence, they cannot be located in front of the house.
5-4-10: NUISANCE CONTROL:
The harboring of animals within the corporate limits of the City shall not create a “public nuisance” as that term is defined within 4-1-1 of this code.  All provisions of Title 4, Chapter 1 shall apply with regard to any “public nuisance” created by the harboring of animals.
5-4-11: EXEMPTIONS:
Organizations Exempted: The City of Cambridge grants an exemption from the requirements of this chapter to the following organizations: Washington County Fair Board, Cambridge Rodeo Association, and Friends of the Weiser River Trail.
Permitted Use: This exemption allows for the use of animals for exhibition, education, competition, recreation and vegetation control within the boundaries of the organization’s properties on a temporary basis. All animals are under the exclusive control and responsibility of the Board of Directors of the organization.
C.Time Period for Compliance For Pre-Existing  Animals: This chapter is effective as of the date set forth in section 5-4-14; however, citizens who were harboring animals within the city limits prior to the effective date of this chapter and who would be in immediate violation of this chapter as of its effective date, have until December 31, 2021 to cease harboring any animals necessary in order to become in full compliance with this chapter. Any such citizens who fail to cease harboring such animals by said date, will be violation of this chapter and shall be subject to penalties as set forth in section 5-4-13.
5-4-12: CITY IMMUNE FROM LIABILITY:
The city or the city's designee shall be immune from all civil liability for actions taken pursuant to this chapter or for any failure to take action to enforce.
5-4-13: PENALTY:  The animal control officer shall provide an owner who is violating any provision of this chapter with a written warning regarding the violation. The owner shall have 72 hours from the time of receipt of the written warning to cure the violation and become in compliance with this chapter. Each 24-hour period that an owner remains in violation of this chapter constitutes a separate violation and subjects the owner to penalties as provided in this section. Any owner violating this chapter after receiving the written warning shall upon conviction be guilty of an infraction and subject to a fine of $100.00.  Any owner violating this chapter shall upon a second conviction be guilty of an infraction and subject to a fine of $200.00. Any owner violating this chapter upon a third and any subsequent conviction shall be guilty of an infraction and subject to a fine of $300.00 per conviction.
5-4-14: EFFECTIVE DATE: This ordinance shall be in full force and effect after its passage, approval and publication.
5-4-15:  SAVINGS CLAUSE:  Chapter 4, Title 5 of City Code, entitled “Animals,” which is repealed by this ordinance, shall remain in force to authorize the punishment of a person who violated that chapter prior to the effective date of this ordinance.
5-4-16:  SEVERABILITY:  The sections of this ordinance are severable.  The invalidity of a section shall not affect the validity of the remaining sections.
PASSED and APPROVED by the Mayor and City Council this ___ day of _________________ 2020.
City of Cambridge
By ______________________
Jack Toothman, Mayor
ATTEST:
__________________________
Sandra McKee, City Clerk