Loading...
§ 90.20 KEEPING OF LIVESTOCK.
   (A)   Purpose. The purpose of these regulations is to provide a definition of livestock; to set forth reasonable standards for the keeping and care of livestock; to maintain neighborhood compatibility; and to protect the health, safety, and welfare of the general public.
   (B)   Livestock defined. LIVESTOCK is that class of animals that are kept and housed outside the home or in enclosures such as pens, barns, corrals or paddock areas. LIVESTOCK includes, but it not limited to horses, cattle (beef and dairy), llamas, mules, swine, sheep, goats, rabbits, poultry and domestic birds. LIVESTOCK includes any other grazing or foraging animal except those specifically defined as a pet (see division (C) below of this section).
   (C)   Pet defined.  PETS generally include those animals that are housed indoors. Pets also include certain animals that may be housed outdoors. Those certain animals are: dogs, cats, up to three chickens, excluding roosters, two ducks, two rabbits or such equivalent small animals or poultry. Animals deemed to be pets shall comply with the performance standards as set forth in Section 90.03.040 G.
   (D)   Animal unit defined. ANIMAL UNIT is defined to provide a reasonable standard for determining allowed livestock densities. Each horse, mule, cow, llama, or similar sized animal shall represent one animal unit. The number of smaller animals representing one animal unit is established based upon the size and characteristics of the animal. The number of smaller animals included within an animal unit includes four sheep, four goats, two swine, 12 chickens, 12 ducks, six geese, ten rabbits, or equivalent combination of such animals. The Dietrich City Council shall determine the equivalent number of animals allowed within an animal unit for animals not listed herein including miniature forms of large animals. The Dietrich City Council determination should take into consideration the purpose of this section and the impacts to adjacent properties as described in division (E) below of this section.
   (E)   Standards for the keeping of livestock.
      (1)   Livestock shall be kept within enclosures which may include fences, corrals, barns, pens, etc.
      (2)   Livestock enclosures shall not be kept within 100 feet of a residence now in existence or which may hereafter be constructed other than that occupied by owner or within 100 feet of a neighboring property boundary.
      (3)   Property owners keeping livestock in accordance with the above standards must maintain such animals in a manner that does not cause adverse impact to neighboring properties. Potential negative impacts on adjacent properties includes odors, noise, drainage, erosion, and flies. Each person who keeps livestock is responsible for the regular removal and disposal of animal waste, and control of insects, erosion, and offensive odor.
      (4)   Offensive defined. OFFENSIVE is defined as that condition which, in the opinion of a majority of the residents living withing 300 feet of the place where such livestock is kept, is offensive to their senses.
      (5)   Failure to maintain the property in accordance with these requirements shall be considered a violation of this section.
(Ord. 90.03, passed 4-29-2024) Penalty, see § 90.99 
§ 90.99 PENALTY.
   (A)   Whoever violates any provision of this chapter for which no specific penalty is otherwise provided, shall be subject to the provisions of § 10.99.
   (B)   A violation of § 90.03 shall be an infraction punished by a fine of $100.
   (C)   A violation of § 90.04, § 90.06, § 90.10(E), or § 90.10(F) shall be punished as a misdemeanor with a maximum penalty of $1000 and six months in jail.
   (D)   The penalty for conviction of a violation of § 90.05 is as follows:
      (1)   The first violation: $50 plus court costs.
      (2)   The second violation committed within 12 consecutive months of the date that the first violation was committed: $100 plus court costs.
      (3)   The third and all subsequent violations within 12 consecutive months of the first and second violations shall be a misdemeanor and shall upon conviction be fined not more than $300 or imprisoned in the County Jail for a period of not more than six months, or by both fine and imprisonment.
      (4)   It shall not be required that the subsequent violations be with the same animal.
   (E)   A violation of § 90.10(A), § 90.10(D), or § 90.10(G) is an infraction punishable with a $100 fine plus court costs.
   (F)   A violation of § 90.10(B) is an infraction punishable with a $100 fine plus court costs. A subsequent violation and every violation thereafter within a 12-month period shall be punishable as a misdemeanor with up to a $300 fine and six months in jail.
   (G)   A violation of § 90.10(C) shall be punishable as a misdemeanor with up to a $1000 fine and six months in jail in addition to the consequences as outlined in § 90.08 above of this chapter.
(Ord. 90.01, passed 4-8-2024)