§ 90.046 ROOSTERS BANNED WITHIN CORPORATE LIMITS.

   (A)   It shall be unlawful for any person to own, keep, harbor or maintain any rooster within the corporate limits of the city. The unlawful owning, keeping, maintaining or harboring of roosters is declared to be a public nuisance. This section specifically bans the owning, keeping, maintaining and/or harboring of roosters only and not other fowl as elsewhere defined in this chapter.

   (B)   The prohibition of owning, keeping, maintaining or harboring of roosters shall not apply to those roosters owned, kept, harbored or maintained by the following:

      (1)   Governmental entities, persons participating in a heath surveillance conducted by a governmental entity, animal shelters and humane societies, licensed veterinary clinics, non-profit educational facilities and commercial establishments who offer live fowl or chickens for retail sale; and

      (2)   Registered participants in local youth 4-H and Future Farmers of America (FFA) programs from April through August of each calendar year. Evidence of registration with said organizations shall be provided to animal control no later than April 30 of each calendar year. Said organizations will compile a list to be given comprising of: The child’s name owning the rooster; the address and contact information of the owner; and the address where the rooster will be housed.

   (C)   Entities and individuals falling into the exceptions listed in division (B) above shall still comply with all other city regulations concerning fowl when dealing with roosters.

(Prior Code, § 90.046) (Ord. 18-53, passed 11-19-2018)

WILD OR EXOTIC ANIMALS

§ 90.060 PERMIT REQUIRED.

Publisher's Note: This Section has been REPEALED by new legislation (Ord. 24-26, passed 10-7-2024. The text of the amendment will be incorporated below when the amending legislation is codified.

   (A)   It shall be unlawful for any person within the corporate limits of the city to own, to allow to be in or upon any premises occupied by that person or under that person’s charge or control or otherwise keep, hold, maintain or bring into the city any wild or exotic animal without first obtaining a permit issued by the Exotic Animal Permit Review Committee. No household shall be allowed to have more than two wild or exotic animals at any one time even with a permit. This section shall not apply:

      (1)   To any city, state or federal zoo, park, refuge or wildlife area which is open to the public;

      (2)   To any bona fide circus or traveling animal exhibit;

      (3)   To any animal hospitals operated by duly licensed veterinarians; or

      (4)   To any licensed educational institutions or licensed animal research facilities.

   (B)   The Exotic Animal Permit Review Committee is hereby created and shall consist of the City Administrator and the Chief of Police or designee.

(Prior Code, § 90.060) (Ord. 97-16, passed 8-4-1997; Ord. 01-42, passed 8-2-2001; Ord. 04-03, passed 1-5-2004; Ord. 07-22, passed 11-19-2007; Ord. 13-02, passed 3-4-2013) Penalty, see § 90.999

§ 90.061 PERMIT APPLICATION.

Publisher's Note: This Section has been REPEALED by new legislation (Ord. 24-26, passed 10-7-2024. The text of the amendment will be incorporated below when the amending legislation is codified.

   The procedures for obtaining a wild or exotic animal permit are listed as follows.

   (A)   The person desiring a permit must file an application with an animal control officer and pay an application and administrative fee as set by resolution.

   (B)   An administrative hearing before the Exotic Animal Permit Review Committee is scheduled by the City Clerk’s office.

   (C)   (1)   Notice of administrative hearing on the application is published at least one week prior to the meeting of the Exotic Animal Permit Review Committee during which the application will be heard. The publication costs will be paid by the applicant prior to receiving a permit.

      (2)   At least ten days prior to the date of the hearing, notice of the application and the time and date of the administrative hearing shall be given by the applicant to occupants of residences and managers of multi-family dwellings within 300 feet of the location for which the permit is requested. Prior to the administrative hearing, each applicant shall file in the City Clerk’s office a written statement declaring that proper notices have been given as required in this section.

   (D)   If it appears to a majority of the Exotic Animal Permit Review Committee following an administrative hearing that the following conditions are met, then in such event the Exotic Animal Permit Review Committee shall grant a permit to the applicant:

      (1)   Granting of the permit would not create a nuisance or cause for public safety or concern;

      (2)   The applicant is a fit and proper person or entity to maintain, keep and hold the wild or exotic animal(s) which the applicant seeks to own or possess; and

      (3)   The premises of the applicant are such as to safely maintain the wild or exotic animal(s).

   (E)   Any applicant, or any person opposed to the granting of a permit, may appeal the decision of the Exotic Animal Permit Review Committee to the City Council. The City Council shall conduct a hearing on the permit and after such hearing shall either confirm or reverse the decision of the Exotic Animal Permit Review Committee. The hearing before the City Council shall not require further publication or notice other than as a regular Council agenda item.

(Prior Code, § 90.061) (Ord. 97-16, passed 8-4-1997; Ord. 01-42, passed 8-2-2001; Ord. 04-03, passed 1-5-2004; Ord. 05-10, passed 3-7-2005; Ord. 07-22, passed 11-19-2007)

§ 90.062 PUBLIC HEARING.

Publisher's Note: This Section has been REPEALED by new legislation (Ord. 24-26, passed 10-7-2024. The text of the amendment will be incorporated below when the amending legislation is codified.

   During the public hearing, the following must occur.

   (A)   The applicant must, at minimum, explain the purpose for seeking the application, declare the number of animals to be kept under the permit and demonstrate how the wild or exotic animal(s) will be maintained, kept, held and controlled.

   (B)   Members of the public shall be allowed to object and show cause why the application should not be granted.

(Prior Code, § 90.062) (Ord. 97-16, passed 8-4-1997; Ord. 01-42, passed 8-2-2001; Ord. 04-03, passed 1-5-2004)

§ 90.063 DURATION OF PERMIT; RENEWAL.

Publisher's Note: This Section has been REPEALED by new legislation (Ord. 24-26, passed 10-7-2024. The text of the amendment will be incorporated below when the amending legislation is codified.

   (A)   Permits may be granted for any duration not exceeding one year. To obtain a renewal permit, a person must file an application for the renewal with an animal control officer. The lead animal control officer shall determine, without an administrative hearing, whether or not a renewal permit should be granted.

   (B)   In the event a renewal application is denied, the applicant may appeal that decision to the Exotic Animal Permit Review Committee which will utilize the hearing procedures set forth in § 90.061 of this code.

(Prior Code, § 90.063) (Ord. 97-16, passed 8-4-1997; Ord. 01-42, passed 8-2-2001; Ord. 04-03, passed 1-5-2004; Ord. 07-22, passed 11-19-2007)

§ 90.064 PERMITS NONTRANSFERABLE.

Publisher's Note: This Section has been REPEALED by new legislation (Ord. 24-26, passed 10-7-2024. The text of the amendment will be incorporated below when the amending legislation is codified.

   Permits may not be transferred under any circumstances.

(Prior Code, § 90.064) (Ord. 97-16, passed 8-4-1997; Ord. 01-42, passed 8-2-2001; Ord. 04-03, passed 1-5-2004) Penalty, see § 90.999