(A) Restrictions. No person shall keep any domestic livestock, including but not limited to horses, cattle, mules, donkeys, burros, swine, goats, sheep or fowl within the municipality without first applying for, and receiving from the Board of Trustees, a permit to do so when the domestic livestock are to be kept within the following areas of the town:
(1) Shields Heights Addition:
(a) The portion of the town west of the railroad tracks south of Harding Street and east of Fifth Avenue and not including the fair grounds;
(b) The portion of the town east of the railroad tracks south of Highway 87 and west of Highway 87;
(c) The portion of the town east of Highway 87, south of Santa Fe Drive and north of Main Street;
(d) The portion of town east of Highway 87, south of Main Street, west of Seventh Street and north of Aspen Street;
(e) The portion of town east of Seventh Street, south of Main Street, west of West Avenue and north of Locust Street;
(f) The portion of town east of Highway 87, south of Aspen Street; east of Fifth Street and north of Beech Street;
(g) The portion of town east of West Avenue, south of Devoy Street, west of Miera Street and north of School Street;
(h) The portion of town north of Guyer Street, east of Miera Street, south of Devoy Street and west of Pinard Avenue;
(i) The portion of the town south of Gyer Street, east of Miera Street, north of School Street and west of Baca Street; and
(j) The municipal airport, golf course and cemetery.
(2) In that portion of the municipality in which a permit is required to keep livestock, no person shall keep any equine or bovine over 6 months of age on any premises, the overall area of which is less than 1/3 of an acre for each equine or bovine, unless the Board of Trustees determines that a lesser area is adequate in a particular circumstance.
(3) All domestic livestock shall be cared for according to accepted livestock management practice and in such manner as to not create a public nuisance and shall be rendered for property tax purposes to the County Assessor.
(4) All domestic livestock shall be kept in a secure pen or enclosure which shall be a reasonable distance from any inhabited dwelling, excluding the home of the owner of the animals, or currently used food service establishment, church or school.
(5) The person in possession or control of a pen or enclosure for domestic livestock shall keep it in such a manner as to control offensive odors, insect breeding and any other conditions affecting the public health.
(B) Running at large unlawful.
(1) It is unlawful for any domestic livestock, including but not limited to cattle, horses, mules, donkeys, burros, swine, goats, sheep or fowl or other animals, to be turned loose, abandoned or to run at large within the limits of the municipality; or for any animal to be tethered that it may roam across or into any street or public place in the municipality; and it is unlawful for any person to herd or detain the animal in any street, avenue, alley or other public place in the municipality.
(2) The police shall take up and impound every animal found running at large in violation of the section and shall provide proper care and sustenance for every animal impounded at the expense of the municipality.
(3) Within 24 hours after any animal has been impounded, the police shall notify the owner, possessor or keeper of the animal that the animal has been impounded. If the owner, possessor or keeper of the animal is not known or if his or her address cannot be determined, the police shall cause to be posted in at least 2 conspicuous public places in the municipality for 5 consecutive days, a notice of impoundment with a description of the animal.
(4) Any owner, possessor or keeper of an animal desiring to redeem the animal from impoundment shall pay the municipality the sum of $5.00 as an impoundment fee for each animal, together with the sum of $1.50 for each day of impoundment plus the actual cost of feeding and watering of each animal impounded.
(5) Any person who shall break or in any manner, directly or indirectly, aid in breaking into the enclosure in which any animal is impounded shall be guilty of a misdemeanor.
(6) Any person who shall willfully or intentionally hinder or obstruct the police in the discharge of official duty under the provisions of this section, shall be guilty of a misdemeanor.
(C) Sale of unredeemed animals.
(1) If any animal impounded shall remain unredeemed for 5 days after being impounded, the police shall give 5 days’ notice of the time and place when the animal will be sold. The notice shall be posted in at least 2 conspicuous public places in the municipality for 5 consecutive days.
(2) At any time before the sale thereof, any animal impounded may be redeemed upon the payment of the penalties and costs provided for in this section.
(3) The day fixed of the sale of any unredeemed animals shall be the sixth day after the posting of the notice of the sale, except when the same would fall on Sunday, election day or any legal holiday, in which case the day of sale will be the next succeeding day. At the sale, the police shall sell for cash to the highest bidder the animal advertised and shall furnish the purchaser a bill of sale signed by the Mayor and the Municipal Clerk.
(4) The police shall keep records of all sale transactions, turn over all money received to the Clerk-Treasurer of the municipality, and furnish a monthly report to the Board of Trustees of the municipality showing all animals impounded and all animals shall be listed individually showing the amount of money collected on each, as well as the disposition of each case.
(Ord. 635, passed 1-13-2004) Penalty, see § 99.99