A. Definitions: For the purpose of this section, the terms below have the following meanings:
PASTURE: An area of land where animals feed on grass.
PERMITTED LIVESTOCK: Subject to the restrictions of this section, persons may keep and harbor only the following livestock within the limits of the city of Filer: horses, cows, lambs, sheep, donkeys, mules, female chickens, rabbits, goats and calves.
RESTRICTED AREA: That portion of the city of Filer which is bounded on the west by the city limits, on the south by Highway 30, on the east by that portion of Fair Avenue which touches the city limits and on the north by the Union Pacific Railroad Company tracks.
B. Nuisance Prohibited: Anyone who keeps and harbors livestock of any kind and description within the limits of the city of Filer except as hereinafter allowed shall be in violation of this section punishable as provided for herein and such activity shall constitute a nuisance.
C. Regulations:
1. A person may keep up to the following number of female chickens or rabbits at any premises within the limits of the city of Filer:
a. Two (2) female chickens; or
b. Two (2) rabbits.
2. Upon obtaining neighbor consent, pursuant to the requirements of subsection D of this section, a person may keep up to the following number of female chickens or rabbits at any premises within the limits of the city of Filer:
a. Ten (10) female chickens; or
b. Ten (10) rabbits.
3. Persons may keep and harbor the following permitted livestock within the limits of the city of Filer only if they are kept and harbored outside of the restricted area for each one-half (1/2) acre of pasture:
a. One horse; or
b. One cow; or
c. One mule; or
d. One donkey; or
e. Three (3) calves; or
f. Five (5) sheep;
g. Five (5) lambs; or
h. Five (5) goats.
4. Upon obtaining neighbor consent pursuant to the requirements of subsection D of this section and only if the premises on which the permitted livestock are to be kept and harbored contains no less than one and one-half (11/2) acres, persons may keep and harbor the following permitted livestock within the limits of the city of Filer and inside the restricted area for each one-half (1/2) acre of pasture:
a. One horse; or
b. One cow; or
c. Three (3) calves; or
d. Five (5) sheep;
e. Five (5) lambs; or
f. Five (5) goats.
5. Horses may be kept within the limits of the city of Filer where horses were kept and pastured on June 4, 1991, and have been kept and pastured each year thereafter.
D. Neighbor Consent: In the event it is required by this section that a person first obtain neighbor consent prior to keeping or harboring permitted livestock within the limits of the city of Filer, a person must:
1. Circulate a petition among those households located within one hundred feet (100') of the applicant's property stating the number and type(s) of permitted livestock the applicant wishes to keep and giving the location of the property on which the applicant wishes to keep and harbor the permitted livestock.
2. Receive the approval of seventy five percent (75%) of the households located within one hundred feet (100') of his property.
Evidence of the required petition and requisite approval shall be presented to the city of Filer prior to the issuance of a livestock permit as required by subsection E of this section.
E. Permits: Subject to the requirements of this section, a person may keep and harbor permitted livestock within the limits of the city of Filer upon first obtaining a permit from the city clerk. The city of Filer, prior to the issuance of a livestock permit, may inspect the places and premises where any of the permitted livestock are to be kept or harbored and, if a violation of this section is found to exist, the city of Filer shall deny issuance of the livestock permit to the applicant.
The applicant for a livestock permit to keep or harbor permitted livestock in the city of Filer shall pay to the city clerk upon granting of such livestock permit a fee of ten dollars ($10.00) per permitted livestock for each year or part of a year preceding the following March 1. The livestock permit will then be renewable on March 1 of each following year for ten dollars ($10.00) per permitted livestock, per year.
Any livestock permit granted under this section shall be subject to revocation by the city council. If any person violates any provision of this section, then written notice specifying the violation and fixing a date for hearing before the city council shall be given the violator at least seven (7) days prior to the hearing date, and after the hearing is held the city council may revoke any livestock permit granted under this section for any violation of the provisions of this section. Upon revocation of a livestock permit it is unlawful for the holder of such revoked livestock permit to keep or harbor any such livestock within the limits of the city of Filer.
F. Premises Requirements: All premises where livestock are kept and harbored must be maintained in a sanitary condition so as not to become unsightly, create a nuisance or public health hazard from odor and flies. Livestock shall not be kept or harbored in a manner which is destructive to neighboring properties.
G. Enforcement: No service of notice to observe the provisions of this section shall be necessary.
H. Violation: A violation of this section is an infraction, punishable by a fine of one hundred dollars ($100.00), plus court costs. Each day of violation shall be considered a separate violation. (Ord. 605, 6-2-2015)