No person having ownership or custody of an animal shall within the boundaries of the town:
(A) Knowingly or negligently permit a domestic animal to run at large or to destroy or deface shrubbery, lawns, flowers, gardens or other property;
(B) Keep any animal, which, by barking, howling, yelping or making any other noise that substantially or continually disturbs the peace and quiet of any neighborhood, or which, by foul or noxious odors, distracts from the use, enjoyment and value of surrounding properties;
(C) Keep any animal known to be dangerous, other than securely confined in an enclosed area on the premises of the owner, with clearly visible signs posted to warn persons of the presence of that animal;
(D) Knowingly or negligently permit an animal to kill or injure livestock of other domestic animals, or to attack or injure any person who is engaged in lawful pursuits;
(E) Knowingly or negligently permit any animal to chase or harass vehicles or pedestrians on public streets and sidewalks or obstruct to normal use of streets and sidewalks;
(F) (1) Keep any livestock on any property having a lot size of less than one acre and any hooved livestock on any property having pasture size of less than one acre; provided, the town may, at its discretion, grant conditional variance from this provision if it finds that surrounding properties would not adversely be affected or that an unreasonable hardship would result by virtue of disruption of an existing use of property at the time this provision first becomes applicable thereto;
(2) (a) If a person desires to have chickens and lives within the Town of Elnora limits, he or she must permit the Town Council members to inspect the area where he or she plans to maintain the chickens prior to acquiring the birds.
(b) Once the Council has inspected the area, they will give a decision as to whether the potential area is fit and passes all of the following regulations:
1. Twelve hens will be allowed on 8,000 square feet;
2. The chicken coop and run must be located at least 30 feet from any property line used for human housing and not owned by the chicken owner and must be located at least 15 feet from the property line of any vacant lot;
3. The coop and associated chicken run must be appropriately sized for the number of birds to be kept, 15 square feet per bird in the run;
4. A visual barrier surrounds the chicken coop and run that is at least four feet tall, if the coop and run are visible to occupants of neighboring lots; and
5. No roosters.
(c) All who keep a flock of chickens are expected to keep their flock in a manner that is clean and sanitary in order to not pose a public health risk or a public nuisance. The chicken coop and run must be kept clean, dry and odor free. The coop, run and surrounding area must be free from trash and accumulated droppings.
(d) All chickens must be provided feed and water at all times and must be kept securely and enclosed on the property; and
(G) Walk any dog on the streets or other public places, except on a leash controlled by the dog’s owner or other responsible person, and when not on a leash, the dog shall be confined to the property of its owner.
(Ord. 2000-2, passed 4-6-2000; Res. 2023-01, passed 6-20-2023; Ord. 2024-03, passed 5-28-2024)
Penalty, see § 91.99