(A) Prohibited. It shall be illegal to own, board, keep or maintain one or more of the following animals within the legal boundaries of the town and further declares anyone violating this section shall be cited as maintaining a nuisance within said boundaries:
(1) Cattle, including cows, bulls, steers, and calves;
(2) Horses, including mares, stallions, geldings, and ponies;
(3) Mules;
(4) Donkeys or burros;
(5) Sheep or lambs;
(6) Goats;
(7) Rabbits for the purpose of commercial sale for their meat or pelts;
(8) Swine, including pigs, hogs, boars, sows, or piglets;
(9) Poultry, including but not limited to chickens, turkeys, ducks, geese, guinea fowl, peafowl, pigeons and pheasants;
(10) Exotic animal, being defined as a wild animal that is non-native to the state;
(11) Wild animals, being defined as one that lives in the wild or is not domesticated;
(12) An intended accumulation of bees;
(13) Birds of prey, including but not limited to, members of the Accipitridae, Aquila, Haliaeetus, Falconiformes, Accipiter and Butco family, unless the same can be found and legally purchased at a local pet shop within the State of Indiana;
(14) Reptiles, including but not limited to, snakes, alligators and turtles, or any other member of a large group of air-breathing, scaly vertebrates, unless the same can be found and legally purchased at a local pet shop within the State of Indiana; and
(15) Any other animal kept, owned, maintained, or raised for the commercial purpose of selling it for meat, pelts, or other product.
(B) Exceptions.
(1) Procedure for issuance. Exceptions to these provisions may be issued by the Town Council.
(a) Persons wishing such expectations must submit to the Town Council a written application setting forth the reason such exception should be issued.
(b) The Town Council shall consider the request at its next regularly-scheduled public meeting, but not less than 30 days after request has been made.
(c) The party making the request for the exception shall provide written notice of the request at least five days before the public meeting at which the Town Council will consider the request to all property owners within 100 feet of the property for which the exception is being requested. The notice shall be by certified mail or personal service and include a description of the exception requested and the date of the Town Council meeting at which the request will be considered. The person making the request shall provide verification of this notice to the Town council at the hearing on the request for exception. The Town Council may either postpone the consideration of the request or deny it for failure to provide verification of notice in accordance with this division (B).
(d) The Town Council, by majority vote, may grant or deny an exception to any of the prohibitions against owning, boarding, keeping or maintaining an animal as otherwise prescribed herein. The Town Council shall issue a written finding of its decision stating that the request is denied or approved and include any limitations or conditions imposed by the Council.
(e) The Town Council shall consider the following factors in determining whether or not an exception should be issued:
1. The size of the applicant’s lot;
2. The nature of the neighborhood and surrounding zoning;
3. The physical conditions and standard of care given the animals by the applicant;
4. The wishes and concerns of those owning property or living in the general vicinity of the applicant;
5. The length of time such exception would be applicable;
6. Whether the exception is mandated, necessary, or reasonable for medical, health, or religious reasons; and
7. Any other factor deemed relevant by the Town Council.
(f) If the Town Council denies the request, the Town Council shall not consider the request again sooner than 12 months after the date of the denial unless the person making the request can demonstrate a significant and substantial change in circumstances which would warrant reconsideration of the request within the 12-month period.
(`87 Code, § 6-1) (Ord. 1984-4A, passed 4-10-84; Am. Ord. 2008-8B, passed 10-20-08; Am. Ord. 2012-5B, passed 6-4-12)