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§ 90.04 LIVESTOCK OR FOWL.
   It shall be unlawful for any person to keep, harbor or confine any livestock or type of fowl in any building, structure, shed, corral, pen or enclosure within the corporate limits of the city, except:
   (A)   Where such animals are being kept at a licensed stock show, lasting not longer than ten days; and/or
   (B)   Where such animals are kept at a licensed slaughterhouse, recognized stockyard or processing facility where swine or fowl are kept for a period of not more than four days.
   (C)   Keeping near a residence or business restricted. No person shall keep any animal or fowl except cats enumerated in the preceding section to come within 1,060 feet of any residence, place of business, and public street without a permit from the Codes Enforcement Officer. The Codes Enforcement office shall issue a permit only when in his sound judgement the keeping of such animals in a yard of building under the circumstances as set for in the application for the permit will not injuriously effect the public health. In no case shall a permit be issued to keep a rooster.
   (D)   Keeping in such a manner as to become a nuisance is prohibited. No animal or foul shall be kept in such a place or condition as to become a nuisance because of either noise, odor, contagious diseases, or other reason.
   (E)   Inspection of premises. For the purpose of making inspections to insure compliance with the provision of this chapter, the Codes Enforcement officer or authorized representative, shall be authorized to enter an any reasonable time, any premises where he has reasonable cause to believe an animal or fowl is being kept in violation of this chapter.
   (F)   Limitations as to number of livestock and or fowl being allowed within the city limits of the City of Etowah. Property owners wishing to maintain livestock and or fowl shall meet the following requirements to be allowed to apply for a livestock/fowl permit with the City of Etowah Codes Enforcement Officer.
 
Animal
Number permitted per lot
Minimum lot size
Minimum distance to nearest residence
Dedicated area per animal
Horse/Cattle
2
5 acres
60 feet
2 acres
Goats/Sheep
6
5 acres
60 feet
2 acres
Hens
4
No minimum
No minimum
4 square feet per hen in coop plus 10 square feet per hen in enclosed run
 
   (G)   Application for livestock/fowl permit. Application for a livestock/fowl permit can be obtain at the office of the City of Etowah Code Enforcement Officer. There will be no fee for this permit; permitting is for registration and maintenance of property locations and owners.
(1994 Code, § 10-104) (Ord. 409, passed 2-24-1986; Ord. 425, passed 3-5-1987; Ord. 810, passed 12-18-2017; Ord. 860, passed 10-26-2020) Penalty, see § 90.99
§ 90.05 PEN, ENCLOSURE TO BE KEPT CLEAN; ADEQUATE PROVISIONS; NUISANCES.
   (A)   When animals are kept within the corporate limits, the building, structure, corral, pen or enclosure in which they are kept shall at all times be maintained in a clean and sanitary condition and it shall be a civil offense for the owner thereof to keep the same otherwise.
(1994 Code, § 10-105)
   (B)   No animal shall be kept or confined in any place where the food, water, shelter and ventilation are not adequate and sufficient for the preservation of its health, safe condition and wholesomeness for food if so intended. All feed shall be stored and kept in a rat-proof and fly-tight building, box or receptacle.
(1994 Code, § 10-106)
   (C)   No animal shall be kept in such a place or condition as to become a nuisance either because of noise, odor, contagious disease or other reason.
(1994 Code, § 10-107)
   (D)   When animals are kept within the corporate limits, the building, structure, corral, pen or enclosure in which they are kept shall be a minimum of five feet from any lot lines abutting alleys, streets or public right-of-ways.
(Ord. 409, passed 2-24-1986; Ord. 494, passed 9-2-1993; Ord. 860, passed 10-26-2020) Penalty, see § 90.99
§ 90.06 WILD/FERAL ANIMALS.
   (A)   No person shall have, sell, keep or maintain any wild, exotic, dangerous or non- domesticated animal or reptile without first applying to and receiving from the city a permit to do so; provided, however, the keeping or maintenance of such animal shall conform to any applicable zoning regulations as well as any applicable state and/or federal regulations.
(1994 Code, § 10-108)
   (B)   (1)   The animal control officer and/or any police officer are hereby authorized to apprehend any wild animal that may be at large within the city. Such wild animal may be impounded, released in wild areas outside the city or destroyed as the animal control officer, in his or her discretion, shall determine subject to the applicable state laws. Animal control officers are authorized to use any tranquilizer guns, firearms or any other suitable devices to subdue or destroy any animal that is deemed by the animal control officer, in his or her discretion, to be of a danger to itself or the public health and safety.
      (2)   Any animal brought into the city for purposes of display in any carnival, menagerie or circus shall be fully confined in a secure cage and shall not be removed from the cage under any circumstances.
(1994 Code, § 10-109)
   (C)   Permit costs.
      (1)   An application shall be completed at City Hall and submitted with proof of veterinarian care and photos of said animal.
      (2)   A minimal fee of $5 shall be charged for each permit. Permit will be per animal and approval shall be at the discretion of the Animal Control Officer and/or City Manager. This permit will renew annually and expire one year from the permit receipt.
      (3)   Evidence of wild animal registration shall be kept at City Hall in perpetuity and a decal will be required to be displayed on the window nearest the front door of the property of residence to provide advanced notice to all first responders including but not limited to law enforcement officer, EMTs, etc.
   (D)   It shall be unlawful for any person in the city to harbor or keep in his possession or under his control any feral animal.
(Ord. 409, passed 2-24-1986; Ord. 831, passed 5-20-2019; Ord. 846, passed 12-16-2019) Penalty, see § 90.99
§ 90.07 POISONING OR TRAPPING OF ANIMALS PROHIBITED.
   It shall be a civil offense for any person to poison or to trap any animal or aid, abet or assist in the poisoning or trapping or the putting out or placing of poison or a trap at any point or place outside of buildings within the corporate limits of the city where dogs, cats or other domesticated animals may secure or encounter the same; provided, however, in instances where any animal by reason of damage to property, danger to life or threat to public health becomes a nuisance, a live, humane trapping method approved by the City Commissioners may be used.
(1994 Code, § 10-110) (Ord. 409, passed 2-24-1986; Ord. 494, passed 9-2-1993) Penalty, see § 90.99
§ 90.08 DEAD ANIMALS.
   No person shall place or leave the carcass of any dead animal or fowl in any street, alley or lot or allow the same to remain on his or her lot.
(1994 Code, § 10-111) (Ord. 409, passed 2-24-1986) Penalty, see § 90.99
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