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§ 90.54 RUNNING AT LARGE.
   No owner of any chicken, whether kept, harbored, or maintained within the city, shall permit or suffer such chicken to run or move at large at any time within the city. For the purpose of this section, every such chicken at large shall be deemed at large with the permission and at the sufferance of its owner, and in the event of a violation of the provisions of this section, it shall be no defense that the offending chicken escaped or is otherwise at large without the permission or sufferance of its owner.
(Ord. passed 6-17-2024)
§ 90.55 ENFORCEMENT.
   The City Clerk or designee must obtain permission of the property owner to inspect any chicken coop and/or run in response to any complaints of: unlicensed chickens; excess chickens; excess odor or noise; unsanitary conditions; the presence of roosters; or any other violation of this subchapter. If the owner refuses, a licensed peace officer must obtain a warrant to enter the property and search and seize any evidence of violations, including, but not limited to, seizing roosters, unlicensed chickens, excess
chickens, or chickens kept in unsanitary conditions.
   (A)   Warning of violation. A police officer, or other official of the city, is authorized to issue a written notice of violation of any provision(s) of this subchapter, therein stating that a citation may be issued if the violation continues.
   (B)   Issuance of citations. Any police officer or any other authorized representative of the law may issue a citation to any person, firm, or entity for any alleged violations of this subchapter and any other ordinance or statute which provides the basis for prosecution of violations of this subchapter. Nothing within this subchapter shall be construed to limit the authority of police officers to enforce any provisions of this subchapter or related statutes or ordinances. The police officer, or other official of the city, is authorized to issue a citation to any person, group, or organization for any alleged violation of this subchapter as often as each day the violation persists.
   (C)   Revocation of permit. The City Council may revoke a chicken permit for any violation of this chapter following written notice to the permit holder. Before revoking any chicken permit, the city shall notify the owner by personal service or certified mail of its intention to do so by stating the grounds upon which the permit is being revoked and giving the permit holder the right to a hearing before the City Council. Any request for a hearing by a permit holder must be submitted in writing to the City Clerk no later than ten days following service of the notice of revocation. If the permit holder within ten days requests a hearing in compliance with the provisions established herein, a hearing shall be held before the City Council to determine whether the permit should be revoked. Following the hearing, the City Council shall, by resolution, decide whether the revocation should occur and the basis for it. If no request for a hearing is received by the City Clerk within the ten days as set forth above, then the revocation shall be effective on the tenth day following service of the revocation notice.
      (1)   Any person whose permit is revoked shall, within ten days thereafter, humanely dispose of all chickens being owned, kept, or harbored by such person. Failure to comply with these conditions may result in the removal and destruction of all chickens from the premises.
      (2)   Any person violating any conditions of this permit shall reimburse the city for all costs incurred by the city to enforce the conditions of the permit.
   (D)   Unless otherwise specified, any person violating the provisions of this subchapter shall be guilty of a petty misdemeanor and this permit will be revoked.
(Ord. passed 6-17-2024)
§ 90.99 PENALTY.
   (A)   The violation of any provision of §§ 90.01 through 90.18, except the requirement to obtain a license for each dog, is herewith declared a misdemeanor. Failure to obtain the proper license for the dog by the owner or custodian is herewith declared a petty misdemeanor. Any person found guilty of violation thereof may be punished by a fine or by imprisonment in the county jail as set forth by ordinance by the City Council.
   (B)   Any permit granted hereunder may be revoked by the City Council at any time for cause. Any person, firm or corporation violating the provisions of §§ 90.30 through 90.34 shall be guilty of a misdemeanor and shall, upon conviction thereof, be punished by a fine not to exceed $1,000 or by imprisonment of not to exceed 90 days.
   (C)   The first two violations of § 90.54 shall be deemed petty misdemeanors. Every violation thereafter of § 90.54 shall be a misdemeanor.
(Ord. passed 1-28-1958; Ord. passed 5-16-1960; Ord. passed 2-17-1964; Ord. 45, passed 4-1-1968; Ord. passed 5-15-1972; Ord. passed 8-6-1973; Ord. 26, passed 2-23-1976; Ord. 26.6, passed 1-4-2010; Ord. passed 6-17-2024)