(A) No person shall keep or maintain livestock or a non-domestic animal on a residential property of less than two acres and within 100 feet of a dwelling not owned or occupied by the owner of the livestock or non-domestic animal.
(1) Except an owner of at least one-half acre or more may keep six or fewer female chickens for personal, family, or home use in a fence or structure of sufficient height and construction to prevent the animal(s) from leaving the owner’s property. The owner shall maintain the fence or structure in good repair. All gates or doors to the fence or structure shall fit properly and shall be locked or secured by a latch. Fences or structures must be at least 50 feet from a dwelling not owned or occupied by the owner of the chickens.
(2) Except an owner may raise and breed homing or racing pigeons. All lofts, bins, and other structures used by residents to raise, breed, and otherwise house homing pigeons shall conform to all existing rules and regulations of the planning and zoning regulations and it is further provided that no structure shall be so located on any lot that is closer than 50 feet from a dwelling not owned or occupied by the owner of the pigeons.
(3) Except an owner may keep domestic small animals (not including dogs and cats) for personal, family, or home use in a fence or structure of sufficient height and construction to prevent the animal(s) from leaving the owner’s property. The owner shall maintain the fence or structure in good repair. All gates or doors to the fence or structure shall fit properly and shall be locked or secured by a latch. Fences or structures must be at least 50 feet from a dwelling not owned or occupied by the owner of the domestic small animals (not including dogs and cats).
(B) No person shall own, keep, or harbor any animal that unreasonably annoys humans, endangers the life or health of persons or other animals, or substantially interferes with the rights of citizens, other than their owner’s, to enjoyment of life or property. Evidence establishing a nuisance, besides the definition of public nuisance above, includes, but is not limited to the following:
(1) Allowing dogs to threaten, worry, harass, injure, or kill domestic animals or livestock off the owner’s (or one charged with the care and control of the dog) property;
(2) Allowing dogs to run at large, repeatedly allowing dogs to chase, jump at or on, bark at, or otherwise annoy or threaten passing pedestrians, bicyclists, motorcyclists, or operators of motorized vehicles;
(3) Allowing animals to disturb the peace and quiet of any person by excessive, continuous, or untimely noises including, but not limited to, barking, howling, yelping, mewing, crowing, cackling, or whining in any neighborhood located in the county or any city;
(4) Allowing offensive odors or otherwise unclean or unsanitary conditions on property where animals are kept and maintained; allowing animals to trespass on or damage private or public property;
(5) Allowing dogs to run at large off the owner or caretaker’s property;
(6) Maintaining, keeping, or harboring any dog, cat, or ferret over four months old that does not have a current rabies vaccination;
(7) Offering or giving away any live animal as a prize or reward in connection with any raffle, protest, demonstration, promotion, or as a part of any gratuity or pecuniary exchange to induce entry into any game, contest, or other competition, except livestock or hunting animal, offered or given away as a part of a farm youth education program or other similar program offered by a not for profit entity. Nothing in this section shall prohibit the auction or sale of animals. Each offering or giving away of an animal in violation of this section shall be deemed a separate offense;
(8) Keeping any animal known to carry or is susceptible to carrying the rabies virus and which cannot be effectively vaccinated against the rabies virus with any vaccine approved by the Commonwealth Cabinet for Health and Family Services; or
(9) Keeping any hybrid animal or any wildlife which has attacked a human or which is apprehended or observed unrestrained.
(Ord. KOC 1010.6 (2013), passed 10-24-2013) Penalty, see § 90.99