(A) It shall be unlawful to possess more than five domestic animals in one’s residential dwelling, including yard and outbuildings. This shall not apply in the case of temporarily exceeding the limit for animal husbandry projects for the 4H, school, FFA, scouting, or other similar purposes.
(B) Except for property designated as agricultural by the Pendleton County Property Valuation Officer or zoned as agricultural, it shall be unlawful to possess or harbor any livestock within the city limits of Falmouth. This shall not apply in instances for which a permit has been issued by the Animal Control Officer pursuant to division (D), below.
(C) It shall be unlawful to possess or harbor any wild or exotic animal within the city limits of Falmouth.
(D) Permitting process to keep livestock in the city limits of Falmouth.
(1) The Animal Control Officer shall issue a permit for temporary functions, such as livestock shows, fairs, rodeos, parades, and similar events, upon the written request of the organizer and the payment of a permit fee in the amount of $25. The written request must include the specific dates for the event, and the issued permit must specify the dates for which it is valid and cannot exceed the dates for the event.
(2) In all other instances, a property owner may submit a written request for a permit to the Animal Control Officer. The request shall state the purpose of the request, and the type and number of livestock the owner desires to keep, which shall be limited to domestic fowl and rabbits. The written request shall be accompanied by a non-refundable permitting fee in the amount of $25.
(3) The Animal Control Officer shall reject any written requests for a permit unless the purpose is for an animal husbandry project for the 4H, school, FFA, scouting, or similar youth organization.
(4) If the written request meets the requirements of division (D)(2), the Animal Control Officer shall inspect the property and may issue a permit if the following additional requirements are met:
(a) All livestock will be enclosed in a fenced in area at all times.
(b) If the livestock is a species that has wings, the livestock must be kept at all times in a secure enclosure, such as a fully enclosed run, with all sides and roof covered, or within an enclosed fenced in area with no roof, with flight feathers having been clipped.
(c) Enclosures for livestock must be situated at least 50 feet from the nearest neighbor’s principal residence, unless the livestock is a species that has wings, in which case the secure enclosure must be situated at least 25 feet from the nearest neighbor’s principal residence.
(5) The permit shall state an expiration date, which shall be no more than one year from the date of issuance.
(6) The permit issued by the Animal Control Officer shall obligate the owner of the property to adhere to the following conditions of the permit:
(a) The number of livestock permitted on the property, based on the size of the enclosure, which number shall not exceed six.
(b) Enclosures must be kept in a neat and sanitary condition at all times, and must be cleaned on a regular basis so as to prevent offensive odors.
(c) Animal waste, including manure and bedding, must be kept stored or situated at least 50 feet from the nearest neighbor’s principal residence. Animal waste shall be stored or kept in a sanitary manner so as not to emit or produce noxious or objectionable odors to the extreme that such may constitute a public nuisance. No animal waste shall be disposed of by including it with residential garbage collection.
(d) The property is subject to inspection by the Animal Control Officer during normal business hours without notice.
(e) Nothing in the permit shall otherwise allow any condition that constitutes a nuisance under this code of ordinances.
(Ord. 2007-130.035, passed 8-16-07; Am. Ord. 2013-130.40, passed 11-12-13)