(A) Conditions. Those animals not specifically prohibited by § 90.16(A) shall be permitted subject to the following conditions.
(1) Animals at large. It shall be unlawful for any owner to allow or permit any animal to run at large within the municipal limits of the City.
(2) Animals which constitute a nuisance. Upon determination by a police officer, animal control officer, or other authorized representative of the City that an animal is a public nuisance animal, the police officer, animal control officer, or other authorized representative of the City shall cause a written notice thereof to be served on the owner or other person having custody of the public nuisance animal. The notice shall state the name of the person so served, shall describe the public nuisance animal sufficiently to identify it, shall recite that the person is in violation of this section, and shall order the person to abate the nuisance within seven (7) days after notification. Service of the notice may be effected by one or more of the methods described in § 90.16(C) or by any other method permitted by law. If the person so notified shall not comply with the order of abatement within the time stated in the notice, the person shall be subject to a civil penalty per day per animal in violation. A second violation shall subject the violator to an increased civil penalty per day per animal in violation. The third and each subsequent violation shall subject the violator to an increased civil penalty per day per animal in violation. The foregoing civil penalty amounts are as set forth in the City Fee Schedule. The police officer, animal control officer, or other authorized representative of the City may issue citations for any violation of this division (A)(2). The civil penalties stated in this division (A)(2) are in addition to any other fees or penalties for a violation, redemption, or impoundment provided in this code.
(3) Horses. It shall be unlawful for any owner to keep or maintain within the municipal limits of the City any horse at a distance less than four hundred (400) feet from the nearest dwelling.
(4) Animals kept in numbers. It shall be unlawful for any owner to keep or maintain within the municipal limits of the City any permitted animals in the numbers or so housed as to result in noxious or offensive odors or loud or disagreeable noises, thereby constituting a public nuisance.
(5) Pot-bellied/miniature pigs. The keeping and raising of registered purebred miniature Vietnamese pot-bellied pigs (Susscrofa bittatus) and other similar registered purebred miniature pigs (miniature pigs) as household pets shall be allowed in all residential districts, subject to the limitations stated below. The term REGISTERED shall mean registered with a nationally recognized miniature pig association.
(a) Only one miniature pig shall be kept in any household. The pigs shall be kept in a restrained area at all times and shall not be allowed to run at large. No miniature pig shall be allowed outside of the premises of its owner except on a leash or duly restrained in a vehicle.
(b) The breeding and raising of miniature pigs shall not be allowed in the City. Permitted pigs shall be neutered or spayed or when any such pig shall give birth to piglets, the mother pig and all piglets shall be removed from the City for weaning and raising.
(c) All miniature pigs kept as household pets must be routinely vaccinated against infections and all communicable diseases common to the animals. The owner of any miniature pig growing tusks must have the tusks surgically removed by a veterinarian.
(d) Any outside area occupied by a miniature pig shall be regularly sanitized and kept free of waste. No area shall be allowed to become muddy or unsanitary.
(e) The provisions of § 90.16(A) prohibiting barnyard animals and wild animals within the municipal limits of the City shall not apply to miniature pigs only to the extent the pigs are permitted pursuant to this section.
(6) Chickens. Chickens are permitted for personal domestic use in the corporate limits as provided herein:
(a) The maximum number of chickens allowed per single-family parcel with a zoning district in the corporate limits is provided in the table below.
1. Roosters are not permitted.
2. Maximum number of chickens allowed:
Zoning District | Maximum Number of Chickens Allowed |
R-7, R-10, R-12, and R-13 | 4 |
R-20 and R-20A | 6 |
R-M and R-MH (single-family detached dwellings only) | 4 |
Two-acre or greater lot in any zoning district | 12 |
(b) Fencing and coops.
1. Chickens shall be confined in the rear yard of the property within a fenced area.
2. A fence exceeding four feet in height and abutting a public or private street right-of-way must be set back at least 15 feet from the right-of-way.
3. A fence permit will be required and the associated fee paid if a fence does not exist.
4. For any coop, a permit must be obtained through the Planning and Inspections Department and a fee paid as listed in the city's fee schedule.
5. Coops shall be located in the rear yard and shall be set back at least seven feet from the property line and inside the fence except as in division 6. below.
6. Any chicken coop with any dimension exceeding 12 feet will require a Building Permit and the associated fee and shall meet the setback requirements. In a yard abutting a street, the coop requiring a Building Permit shall not be closer to the street than the house.
7. Coops shall allow a minimum of three square feet per fowl.
(c) Slaughter is not permitted.
(d) Other domestic fowl, such as (but not limited to) peafowl, geese, and turkeys, are prohibited.
(e) The provisions of § 90.16(A) prohibiting barnyard animals and wild animals within the municipal limits of the city shall not apply to chickens only to the extent the chickens are permitted pursuant to this section.
(B) Permitted animals in violation. Any permitted animal found in violation of division (A) above shall be subject to the following procedures.
(1) Impoundment. Any such permitted animal may be taken up and impounded by a police officer or other authorized representative of the City. It shall be unlawful for any person to obstruct or interfere in any way with the impoundment of an animal pursuant to this section, or to release or attempt to release an animal so impounded. No notice to the owner shall be required prior to impoundment pursuant to this section; provided, however, that a reasonable effort shall be made to promptly notify the owner of properly licensed animals following the impoundment.
(2) Period of confinement. Any permitted animal impounded pursuant to this section shall be confined for a period of at least three business days excluding weekends and City’s holidays for redemption by the owner. If the animal is not redeemed by the owner within three business days excluding weekends and City’s holidays and after reasonable efforts to notify the owner in the case of properly licensed animals, then the animal may be humanely destroyed by a police officer or other authorized representative of the City or may be adopted by any person, other than the owner, for a fee plus the costs of licensing pursuant to § 90.20(B) as set forth in the City Fee Schedule.
(3) Redemption of permitted animals. In order for an owner to redeem a permitted animal impounded pursuant to this section, the owner shall:
(a) For an animal licensed with the City or with Cherry Point Marine Corps Air Station, pay all costs of impounding and maintenance of the animal, including a fee for capture and handling of the animal, in the amount as set forth in the City Fee Schedule for the first impoundment, as set forth in the City Fee Schedule for the second impoundment, or as set forth in the City Fee Schedule for all other impoundments, along with a per day fee for the keeping and boarding the animal as set forth in the City Fee Schedule, plus the costs of any medical care and inoculation furnished to the animal during any such impoundment;
(b) For any other animal, pay all costs of impounding and maintenance of the animal, including a fee for capture and handling of the animal, in the amount as set forth in the City Fee Schedule for the first impoundment, as set forth in the City Fee Schedule for the second impoundment, or as set forth in the City Fee Schedule for all other impoundments, and the sum of $5.00 per day for the keeping and boarding of same, plus the costs of any medical care and inoculation furnished to the animal during any period of impoundment and the costs of licensing pursuant to § 90.20(B); and
(c) The redemption or impoundment fee(s) described in this section are in addition to any other fees or penalties provided in this code.
(4) Destruction of permitted animals. A permitted animal may be properly destroyed by a police officer or other authorized representative of the City without prior notice to the owner in the following circumstances:
(a) Where the animal cannot be safely taken up and impounded as provided by this section due to resistance by the animal to capture by the official which reasonably threatens the safety or freedom from injury of the official or another person;
(b) Where the animal to be taken up reasonably appears to the official to be suffering from rabies or any other infectious disease which threatens public safety, or from a life-threatening injury or disability; and/or
(c) Where the animal is in the act of pursuing or attacking any person or other animal.
(1989 Code, § 3-3) (Ord. passed 5-9-1988; Ord. passed 10-28-1991; Ord. passed 6-10-1996; Ord. 00-03, passed 1-10-2000; Ord. 00-04, passed 1-10-2000; Ord. passed 6-24-2002; Ord. 03-01, passed 4-28-2003; Ord. 11-O-07, passed 6-26- 2011; Ord. 15-O-01, passed 6-8-2015; Ord. 18-O-03, passed --2018; Ord. 22-O-03, passed 9- 26-2022) Penalty, see §
10.99