CHAPTER 90:  ANIMAL CONTROL
Section
Livestock
   90.01   Application
   90.02   Keeping livestock; permit requirements
   90.03   Revocation of permit; inspections; hearing
Dogs
   90.15   Definitions
   90.16   Enforcement
   90.17   Licensing, registration, fees and tags
   90.18   Harboring more than four dogs
   90.19   Vicious animals
   90.20   Running at large prohibited
   90.21   Cruelty to animals
   90.22   Poisoning prohibited
 
   90.99   Penalty
LIVESTOCK
§ 90.01  APPLICATION.
   This subchapter shall apply to all animals and poultry now within the city and to those subsequently brought into the city.
(Ord. passed - -)
§ 90.02  KEEPING LIVESTOCK; PERMIT REQUIREMENTS.
   It is unlawful to keep or maintain any horses, cows, sheep, goats, llamas, fowl or any other animals in the city limits without first obtaining a permit from the City Council, which permit shall be granted subject to the applicant meeting the following specifications.
   (A)   To maintain or keep one cow or one horse or one sheep or one goat, the applicant must have at least 10,000 square feet of pastureland, exclusive of the homesite, for one animal and 5,000 square feet of pastureland for each additional animal. Fences enclosing such animals must be so constructed so as to prevent the animals from going upon the property of adjoining property owners in any manner whatsoever.
   (B)   To maintain and keep fowl or rabbits, the application must have at least 5,000 square feet of real estate, exclusive of the homesite, for no more than 25 fowl or rabbits.  In no event shall the fowl or poultry house, rabbit hut, fowl, poultry or rabbit run be less than 40 feet from a dwelling other than that of the applicant.
   (C)   It is unlawful for any person to keep or maintain any pigs or hogs within the limits of the city.
   (D)   It is unlawful for any animal to be found running at large. The owner, possessor or person who owns any animal found to be at large shall be in violation of this provision. An animal shall be deemed to be RUNNING AT LARGE when found on, off or away from the premises of the owner, possessor or keeper thereof, or not under the immediate control of the owner, possessor or keeper or his or her agent or servant or a member of his or her immediate family. Also, an animal shall be deemed to be RUNNING AT LARGE when found upon the private premises of others or upon the streets, alleys, sidewalks, highways, vacant lots, schoolyards or other public places in the city. This provision also applies to all fowl and/or rabbits.
(Ord. passed - -; Ord. passed 7-6-2020)  Penalty, see § 90.99
§ 90.03  REVOCATION OF PERMIT; INSPECTIONS; HEARING.
   (A)   Evidence of non-compliance. The code officer shall recommend to the City Council the revocation of any permit upon evidence that any of the conditions set forth in this subchapter as a prerequisite to the issuance of a permit have been violated or that the permit was issued upon fraudulent or untrue representations, or that the person holding the permit has violated any of the provisions of this subchapter.
   (B)   Petition of adjacent residents. The code officer shall recommend to the City Council the revocation of any permit when 50% of the owners or residents of the property abutting upon the premises where any of the said animals are being kept or maintained file a petition for such revocation.
   (C)   Premises open to inspection. All places and premises upon which any of said animals are kept or housed shall always be open for inspection by the city. If, upon inspection, there is found to exist any violation of any provision of this subchapter, the city shall give the person responsible for such violation a written notice specifying the violation and requiring such offender to abate or correct the same within a period of 24 hours. If such violation is not abated or corrected within such period, the city shall recommend to the City Council that the permit of such person be revoked.
   (D)   Hearing on revocation. When the code officer has recommended to the City Council that the permit be revoked, the City Council shall notify the permittee by registered or certified mail to appear before the City Council and be heard upon the recommendations of the city. The notice must be sent within 48 hours of the recommendation and the hearing held within 15 days of the recommendation. At the hearing, if it shall appear to the City Council that cause exists for cancellation of such permit, the permit may be revoked without further process of law.
(Ord. passed - -)
DOGS
§ 90.15  DEFINITIONS.
   For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
   AT LARGE. Any dog which is not confined within a fenced or completely enclosed area or on a chain or leash.
   DOG. Any male, female, spayed female or neutered male dog of any age.
   DOG KENNEL. Premises where more than four dogs, over six months of age, are raised, kept, housed or boarded.
   DOG OF LICENSING AGE. Any dog which has attained the age of six months.
   HOUSEHOLD or PREMISES OF A HOUSEHOLD. A dwelling place designed and normally used for and by a traditional single-family unit such as a husband, wife and child/children or the like, and includes, but is not limited to, separate single-family structures, individual apartments, mobile homes, RVs and the like. The fact that a unit may be occupied by multiple, adult, unrelated persons shall not affect the definition or limitations of use and numbers of animals allowed by this subchapter.
   IMPOUNDED. Having been received into the custody of the Animal Control Officer, Police Department, Code Enforcement Officer or any authorized agent or representative thereof.
   OWNER. Any person or persons, firm, association or corporation owning, keeping or harboring a dog.
   POUND. An animal shelter, lot, premises or buildings maintained by the city for the confinement and care of dogs seized either under the provisions of this subchapter or otherwise.
   UNLICENSED DOG. A dog for which the license for the current year has not been paid or to which the tag provided for in this subchapter is not attached.
   VICIOUS DOG. A dog that has bitten, clawed or otherwise harmed, or constitutes a physical threat, or a dog whose temperament or habits endanger or menace any person or other animal without provocation by such person or animal. This term shall not include a dog that bites, attacks or menaces a person or other animal that has tormented or injured the dog.
(Ord. passed - -; Ord. passed 7-6-2020)
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