(a) No permit shall be issued by the Director of Public Safety for any above-defined animals unless the following conditions are met:
(1) The sublot or parcel of real property upon which such animals shall be kept or harbored shall be no less than two acres in size.
(2) If such livestock shall be kept or harbored upon property not owned by the owner of such livestock, no permit shall be issued until there shall have been filed with the Director of Public Safety the written consent of the owner, including a contracted manager or power of attorney in lieu of an owner, of the sublot or parcel of property upon which such livestock shall be kept or harbored.
(3) A stable, barn or shed shall be required for the keeping or harboring of animals and placed totally within a corral or fence. Such stable, barn or enclosure shall meet the requirement of the building and zoning laws and shall be kept in a sanitary condition, and shall not be nearer than fifty feet to a street or any property line, or municipal boundary line, nor nearer than two hundred feet to any dwelling. The floors of such barn or shed shall include a sanitary disposal system approved by the Commissioner of Health. The owner shall further be responsible for disposing of all manure in an approved manner.
(4) Nondomesticated animals shall not be permitted unless the permit applicant shall demonstrate to the satisfaction of the Director of Public Safety that:
A. All reasonable precautions have been taken to securely cage or enclose the animals and prevent them from running at large, and
B. Such animals will not present a threat to the public peace, health and safety if the animal escapes its cage or enclosure.
(5) The minimum grazing area for grazing livestock shall be according to the latest "animal units" per acres as established by the County Cooperative Extension Service.
(6) No grazing is permitted upon public right-of-way.
(7) The fee for any livestock permit shall be $20.00 per year per location.
(b) Any person who believes that special conditions exist which should exempt them for any of the conditions specified above may appeal to the City Manager via written request prior to the issuance of the permit. Exemptions to the conditions specified may be granted by the City Manager upon a satisfactory showing by the applicant that owning to special circumstances, the strict application of the conditions of this ordinance are unnecessary in order to protect the public health, safety, and welfare. Prior to the City Manager's determination of exemption from any conditions of the permit process, notification shall be sent by certified mail to property owners who live within a 200 foot radius of the property line of an individual property on which the animals will be housed. The written notification shall request that the affected property owner approve or disapprove the request for exemption and to set forth their reasons for disapproval. If any notified property owner objects to the granting of an exemption, that property owner may request that a hearing take place before a 5-member panel of disinterested landowners of the City to be chosen by Kent City Council. The panel shall hear the affected property owner's reasons for disapproval of the exemption within a sixty (60) day period of the City Manager's office receiving the request for disapproval and a hearing. The panel's decision shall be binding upon the City Manager's determination for granting an exemption.
(c) Application of Section. The provisions of this section shall apply to all yards and structures existing upon the effective date of this section not in conformity with the requirements of the section as of January 1, 1996 whereupon any keeping of fowl, farm animals or livestock or all other structures used thereof, shall be discontinued or brought in conformity with these regulations immediately upon this section becoming effective.
(d) Declaration of Nuisance; abatement thereof. It shall be unlawful and considered a public nuisance for any person to keep, harbor or maintain any domestic farm animals or livestock, chickens or fowl within the City without having first complied with the applicable provisions of this chapter.
In the event of any violation of the provision of this chapter, the City, in addition to any other remedies provided by law, may institute a suit for injunction to prevent or terminate such violation and abate the nuisance created. (Ord. 1996-53. Passed 8-14-96.)