(A) No goats or sheep shall be maintained in the city unless otherwise provided for as indicated herein.
(B) (1) Female or wether goats or sheep may be maintained in the city for the purpose of performing land management practices such as clearing of brush and weeds, and for other purposes such as maintaining them as pets, subject to the restrictions herein.
(2) No bucks or rams shall be allowed to be maintained in the city.
(C) Guardian animals, such as alpacas, llamas, donkeys or dogs, shall be permitted to accompany goats or sheep for the purpose of guarding the goats or sheep when they are used on city-owned land with permission of the city, and on privately-owned real property that has a minimum of 200 square feet of open space per animal. The number of guardian animals shall be limited to two. (Any reference to goats, sheep or animals herein shall include interchangeably goats, sheep or guardian animals.)
(D) Keepers of goats and sheep and any guardian animals shall subject to the following:
(1) No person or entity shall maintain goats or sheep in the city unless that person or entity has applied for and obtained a permit from the city as provided for as follows.
(a) The request for a permit shall be directed to the City Manager or his or her designee.
(b) The annual permit fee shall be $25 for each location.
(c) When animals are to be used for land management purposes, the permit shall be limited to a reasonable period of time to accomplish the land management practice not to exceed one year.
(d) The City Manager or designee shall have authority to develop and implement guidelines related to the maintenance of goats and sheep in the city. The city shall have the right to inspect the premises where the animals are maintained.
(e) The City Manager may refuse to grant a permit that he or she reasonably believes may be injurious to the health, safety and well-being of the public, or the animals, or creates a public nuisance, as defined by the city’s nuisance ordinance.
(f) The permit application shall generally specify the number of goats, sheep and guardian animals, and the area where they will be maintained. The animals may only be maintained in areas designated in the permit application. The applicant shall provide the following to the City Manager before qualifying for the issuance of a permit:
1. The name of the applicant, including the type of organization (e.g., proprietorship, partnership, corporation, limited liability company and the person responsible for compliance with this subchapter);
2. The address of the applicant; and
3. A map or diagram drawn to scale depicting the area where the animals will be maintained.
(g) The following provisions and certifications shall be conditions of any permit granted by the City Manager:
1. Inclusion of a release and indemnification provision releasing and indemnifying the city from personal injury and property damage liability’ resulting from the maintenance and use of the animals;
2. Certification that the permittee will clean and maintain the area impacted by the maintenance and use of the animals; and
3. Certification that the applicant has permission to use the property.
(h) The permittee, at her, his or its sole expense, shall maintain comprehensive general liability insurance, protecting against all claims for personal injury, death or property damage occurring upon, in or about the permitted permit premises resulting from the use of thereof, with a minimum of $50,000 in coverage and limits acceptable to the city for the entire term of the permit and any extension thereof. The city must be named in this policy as an additional insured entity. The permittee shall include copies of all policies of insurance with the license application. The permittee shall deliver to the city, at least ten days prior to the expiration of such policy, evidence that it has been renewed. All policies of insurance carried hereunder shall provide that they cannot be canceled without giving at least ten days’ prior written notice to the city and shall be written by insurance companies licensed by the commonwealth and reasonably satisfactory to the city. No subrogation claims shall be allowed against the city.
(i) The permittee shall ensure that no public or private property is damaged by the maintenance and use of the animals. The permittee shall repair any damage caused by the permittee’s use of the animals.
(j) The permit applicant shall provide any information reasonably required by the City Manager to properly administer the intent of this subchapter.
(k) Any permit shall not be assigned or transferred to a third party without the prior written consent of the City Manager.
(l) A permit may be revoked by the city upon seven days written notice upon a finding by the City Manager that the permittee has violated any terms of this section, has failed to abide by the terms or conditions set forth in the permit, or upon a finding by the City Manager that the permittee has violated city ordinances or any other law or regulation. The permit is subject to immediate revocation if circumstances warrant immediate action to protect the health and wellbeing of the citizens, property or the animals. The permittee may appeal a revocation to the city’s Board of Commissioners within seven days of the notice of revocation. If a former permittee fails to appeal a permit revocation within the time frame set forth herein, such decision shall not be subject to further review.
(2) The following restrictions shall also apply.
(a) On residentially-zoned premises, no less than two goats or sheep and no more than two goats or sheep shall be maintained on premises in a minimum area of 200 square feet of open outdoor grazing space per goat or animal. On property zoned residential, commercial, agriculture or industrial, a maximum of 12 animals will be allowed on any single privately-owned parcel of property or public land subject to approval of the city, in a minimum area of 200 square feet per goat or animal.
(b) The area where the animals shall be housed on public land or privately-owned property shall be:
1. Predator proof;
2. Thoroughly ventilated;
3. Easily accessed and cleaned;
4. Water-tight and draft-free;
5. A minimum of 20 square feet of interior space for two goats or animals, and a minimum of five additional square feet for each additional goat or animals;
6. Located outside of all required setbacks; and
7. Direct access from the enclosed area to an outdoor area shall be provided with the outdoor enclosure designed to be:
a. Secured with a minimum four and one-half-foot tall fence;
b. A minimum fenced area of 200 square feet per animal;
c. Secured from the outside in a manner that prevents the goats from escaping;
d. Free of objects that would enable the goats to climb out of the enclosure; and
e. Easily accessed and cleaned.
(c) Keepers shall remove and properly dispose of droppings as needed to prevent accumulation, to avoid a health or sanitation problem, or the breeding of flies, and to prevent discharge into the storm water conveyance system.
(d) These animals shall at all times be kept or maintained in a safe manner and at all times confined securely so that the keeping of such animal will not constitute a danger to human life or personal property.
(e) Adequate safeguards must be provided to prevent unauthorized access to such animal.
(f) The health or wellbeing of the animal shall not be in any endangered by the manner of keeping or confinement.
(g) Maintaining these animals shall not create a public nuisance and shall not harm the surrounding area or neighborhood or disturb the peace and quiet of the surrounding area or neighborhood.
(h) Keeping of such animals will not create or cause offensive odors or constitute a danger to public health.
(1984 Code, § 90.22) (Ord. O-12-15, passed 5-12-2015) Penalty, see § 90.99