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§ 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)
§ 90.16  ENFORCEMENT.
   (A)   Authority and duties. The person designated by the City Council to act as Animal Control Officer and the city officials shall have the following duties:
      (1)   To enforce all provisions of this subchapter and any amendment thereof and all ordinances enacted relating to dogs;
      (2)   To enforce licensing and control of dogs in the city;
      (3)   To file complaints against any person failing to license any dog as provided or who otherwise fails to comply with the provisions of this subchapter; and
      (4)   To capture dogs found running at large.
   (B)   Right of entry. In the enforcement of any provisions of this subchapter, the Animal Control Officer or any city official is authorized to enter the premises of any person to take possession of a licensed or unlicensed, at large, dangerous or vicious dog when in fresh pursuit of such dog at the time the dog goes onto private property.
   (C)   Interference with enforcement. It is unlawful for any person to interfere with, molest, hinder or prevent the Animal Control Officer or city official in the discharge of their duties as prescribed in this subchapter or to violate any of the provisions of this subchapter.
(Ord. passed - -)  Penalty, see § 90.99
§ 90.17  LICENSING, REGISTRATION, FEES AND TAGS.
   (A)   License and registration required.
      (1)   All dogs over the age of six months kept, harbored or maintained by any person in the city shall be licensed and registered.
      (2)   All dogs under the age of six months kept, harbored or maintained by any person in the city and found to be at large, and impounded will be required to be licensed and registered at the time the impound fees are paid in order to be released back to the owner.
      (3)   Payment of the license fee shall be made to the City Clerk.  Dog licenses shall be issued by the City Clerk and/or city official upon payment of a license fee.
      (4)   All dog owners within the city shall renew their current dog licenses on or before January 1 of each year. The owner shall state at the time application is made for such license, his or her name, address, phone number and the sex, breed and color of each dog owned or kept by the resident.
      (5)   The license fee shall cover the period of one year (12 months) commencing on January 1 and terminating on December 31.
      (6)   Dogs used as guides or assistants for blind persons or other handicapped persons shall be licensed and registered as other dogs provided for in this subchapter.
   (B)   License fees.
      (1)   Annually, no later than January 1, the owner of the dog shall pay a license fee of $5 for each dog.
      (2)   The owner of any newly acquired dog of licensing age or any dog which attains licensing age shall make application for a license and official metal registration tag for such dog within ten days after such acquisition or age attainment. A new resident of the city who owns a dog of licensing age shall make and apply for a license within ten days of moving into the city.
   (C)   License tags; issuance and removal.
      (1)   Upon payment of the license fee, the City Clerk shall issue to the owner a certificate and a metallic tag for each dog so licensed.
      (2)   The tag shall have stamped thereon identifying information and the license number corresponding with the tag number of the certificate.
      (3)   Every owner shall be required to provide each dog with a collar or harness to which the license tag shall be affixed and shall see that the collar and the tag are constantly worn.
      (4)   Replacement dog tags shall be issued upon payment of $2.50 for each tag so issued to replace the original tag that was lost or destroyed.
      (5)   Dog tags shall not be transferable from one dog to another, and no refunds shall be made on any dog license fee for any reason whatsoever.
      (6)   The original certificate shall be retained by the owner or harborer of the licensed dog for inspection by the Animal Control Officer or city official.
      (7)   No person shall remove or cause to be removed the collar or metallic tag from any licensed dog without the consent of the owner, keeper or harborer thereof.
(Ord. passed - -; Ord. passed 7-6-2020)  Penalty, see § 90.99
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