CHAPTER 91: ANIMALS
Section
   91.01   Running at large prohibited
   91.02   Riding horses on sidewalks prohibited
   91.03   Keeping cattle, poultry and the like within city limits
   91.04   Keeping pets in apartment complexes
   91.05   Exceptions
   91.06   Animal restraint and cleanliness
   91.07   Feeding birds and waterfowl
   91.08   Indoor pets
 
   91.99   Penalty
§ 91.01 RUNNING AT LARGE PROHIBITED.
   No person, firm, or corporation shall permit any fowl or animal owned by him, to run at large in any street, alley, or public place within the city, or upon the premises of another unless by permission of the owner or occupant of said premises; and no person shall permit any fowl or animal, to act in such a way as to be a nuisance to the general public, and such person, firm, or corporation shall take such steps as may be deemed necessary to abate any nuisance, and for failure thereof, shall be in violation of this chapter and subject to the penalties prescribed or such violation as hereinafter set forth.
(Ord. 102, passed 7-12-72) Penalty, see § 91.99
§ 91.02 RIDING HORSES ON SIDEWALKS PROHIBITED.
   It shall be unlawful for any person to ride or lead a horse on the sidewalks of the city.
(Ord. 172, passed 9-4-85) Penalty, see § 91.99
Cross reference:
   Streets and Sidewalks, see Ch. 98
§ 91.03 KEEPING CATTLE, POULTRY AND THE LIKE WITHIN CITY LIMITS.
   No person, firm, or corporation shall keep any horses, cattle, swine, sheep, ponies, goats, poultry, or other animals and fowl, except dogs and cats, within the corporate limits of the city.
(Ord. 102, passed 7-12-72)
§ 91.04 KEEPING PETS IN APARTMENT COMPLEXES.
   Occupants of apartment complexes with 60 or more apartments in the city shall be prohibited from permitting pets on their premises.
(Ord. 182, passed 10-7-87) Penalty, see § 91.99
§ 91.05 EXCEPTIONS.
   The provisions of §§ 91.01 and 91.03 shall not be construed or interpreted as applying to the keeping of any canary, parakeet, or similar bird kept as a pet within any dwelling house or place of business within the city.
(Ord. 102, passed 7-12-72)
§ 91.06 ANIMAL RESTRAINT AND CLEANLINESS.
   (A)   Purpose. Ownership of an animal is a privilege which carries with it responsibilities to the city and its residents and visitors with regard to the custody of the animal. It has been determined that the owning or harboring of an animal in the city that is not restrained or under the physical control of the owner or allowing animals to deposit wastes outside the owner’s property or on the owner's property which negatively affects adjacent properties is deemed a public nuisance.
   (B)   Definitions.     For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
      OWNER. Any person having a right of property in an animal, every person who keeps or harbors such animal or has it in their care, and every person who permits such animal to remain in or about any premises occupied by them.
      REASONABLE CONTROL. Keeping an animal on a suitable leash or in a carrier under the physical control of the owner or custodian, in all cases other than while upon private property.
   (C)   Restraint required. All animals shall be secured by a leash or carrier under physical control of a responsible person when in public.
   (D)   Animal waste. The owner of every animal shall be responsible for the prompt removal of any defecation/excreta deposited by their animal on public sidewalks, streets, highways, parks, beaches, recreation areas, or other property not under ownership of the animal's owner. Furthermore, animal waste shall be promptly removed from the owner's property before it causes a nuisance to neighboring properties via sight, sound, smell, or interaction with standing ground water.
   (E)   Enforcement. The city's Police Department and other city staff as designated by the City Manager are hereby authorized and directed to make evidence-based determinations in enforcing this section.
(Ord. 275, passed 11-17-10; Am. Ord. 303, passed 7-17-19)
§ 91.07 FEEDING BIRDS AND WATERFOWL.
   (A)   Purpose. It has been determined that the presence of large numbers of certain species of birds and waterfowl cause a public health nuisance by contaminating beaches, shorelines, parks, buildings, sidewalks and pathways used by the public. Accordingly, this section in adopted to prevent such conduct as may attract and concentrate certain species on and around Portage Lake and Waterway, beaches, shorelines, parks, highways, buildings, sidewalks and streets and pathways in the city.
   (B)   Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning.
      (1)    DOMESTIC WATERFOWL. Nonnative ducks and geese not retained in agricultural operations.
      (2)   FEED or FEEDING . The act of feeding or furnishing of food or other substance to any form of bird and/or waterfowl species regulated by this section.
      (3)   MIGRATORY WATERFOWL. Ducks and geese native to North America.
      (4)   PIGEON . The rock dove or any of its domesticated varieties.
   (C)   Prohibition on feeding.
      (1)   Migratory and domestic waterfowl. No person shall feed, cause to be fed or provide food for domestic or migratory waterfowl located in the city.
      (2)   Pigeons. No person shall feed, cause to be fed or provide food for pigeons located in the city.
   (D)   Songbird feeders. Within the boundaries of the city in which feeding of waterfowl and pigeons is prohibited, birdfeeders may be erected and maintained for other avian species.
   (E)   Enforcement. The Police Department and other city staff as designated by the City Manager are hereby authorized and directed to enforce this section.
(Ord. 284, passed 3-21-12)
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