(A) No restricted animal shall be kept within the city limits unless otherwise excepted by this section.
(B) Subject to division (C) of this section, the term “restricted animal” as used in this section means: poultry, horses, cows, goats, swine, sheep, bees, llamas, donkeys, asses, burros, mules, other livestock, and the offspring of any such animals.
(C) Notwithstanding division (B), the term “restricted animal” as used in this section does not include:
(1) Dogs or cats;
(2) An animal kept in a well-secured cage in an enclosed building:
(a) For educational purposes under the supervision of the staff or administration of a school or bona fide educational institution;
(b) Temporarily in the ordinary course of business of a licensed veterinary clinic or practice; or
(c) Temporarily in the ordinary course of business of a generally recognized animal shelter or animal control facility;
(3) An animal kept temporarily, being for no longer than 14 days, for a public or quasi-public purpose on grounds designated for such purpose; or
(4) An animal that was previously brought into the city and is being kept within the city as of the effective date of this section; provided, however, that this exclusion shall apply only if the animal is registered on or before 30 days from the effective date of this section, in accordance with division (D).
(5) 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 school building for the purpose of study or observation, as long as the public safety is ensured.
(6) Pot bellied pigs and pygmy goats shall be allowed only on a lot with a minimum of two acres of land for each individual animal.
(D) Every restricted animal being kept within the city pursuant to this section as of the effective date of this section shall be registered on or before 30 days from the effective date of this section. To qualify as a valid registration, the following information must be filed with the office of the City Clerk-Treasurer with respect to each restricted animal:
(1) The name and address of the current owner or other person having control of the animal;
(2) The street address (or if none, the legal description of the property) where the animal is currently located;
(3) A description of the animal, including the species and approximate age of the animal and photographic or other evidence sufficient to distinguish the animal from other similar animals; and
(4) The period(s) of time that the animal has been kept within the city, including the date the animal was first brought or kept within the city and the date(s) of any periods of time during which the animal was thereafter kept outside of the city.
(E) Registered restricted animals may be removed from the property described on their registration information for no greater than 30 consecutive days per calendar year. For this provision to apply, the owner or person in control of the registered animal must provide written notice to the city of the date the animal is to be removed and the date the animal is to be returned. Said notice must be provided to the City Clerk’s office. Failure to comply with this notice provision will result in invalidation of the restricted animal’s registration and the animal “will be determined to be a restricted animal pursuant to division (A) of this section unless otherwise exempted under division (C)(1) through (6) of this section.
(F) Nothing in this section shall be construed to permit the keeping of any animal in a manner or place that constitutes a nuisance or that is otherwise illegal under any other applicable ordinance, statute or common law.
(G) This section applies to households and not to an animal shelter, veterinary office or hospital, pet store or other legally operated and/or licensed animal related business.
(H) Bees must be kept in accordance with the following provisions:
(1) If bee colonies are kept within 50 feet of any exterior boundary of the property on which the hive, stand, or box is located, a barrier shall be erected that will prevent bees from flying through it;
(2) Fresh, clean watering facilities for bees shall be provided on the premises; and
(3) The bees and equipment shall be kept in accordance with the provisions of state statutes.
(I) Any person desiring to raise rabbits or pets or racing or homing pigeons within the city must keep such animals and birds in safe and sanitary conditions so that a public nuisance as defined herein is not created.
(J) In the event a restricted animal either unregistered or not exempted by the provisions of this section is found to be located within the city limits in violation of the provisions herein, the Animal Control Officer shall notify the owner of the restricted animal that the owner must take steps necessary to remove the animal from the city limits within a certain time frame, not less than ten days from the date of delivery of the notice. The notice shall further provide that should the owner or person in control of the restricted animal fail to remove the animal as directed, the Board of Public Works and Safety may bring any necessary action in a court of proper jurisdiction for the removal of the animal and for collection of costs and attorney fees.
(K) In addition to the provisions of division (I) of this section, the failure, neglect or refusal by the record owner or person in control of the restricted animal to comply with the terms of the notice given pursuant to division (I) of this section, shall constitute a violation of this section. Each day’s failure, neglect or refusal to remove the restricted animal from the city pursuant to this section shall constitute a separate offense under this section and the Board of Public Works and Safety may request that the Code Enforcement Officer issue a city ordinance violation citation to the owner or person in control of the restricted animal. Such citation shall impose a fine in conformance with § 90.99.
(Ord. 2005-21, passed 5-25-2005; Am. Ord. 2014-1, passed 2-25-2014) Penalty, see § 90.99