§ 90.09 PROHIBITING KEEPING OF FARM ANIMALS AND EXOTIC SPECIES WITHIN CITY LIMITS.
   (A)   It shall be unlawful for any person, company, firm or business to keep maintain or have any live farm animals or exotic species within the boundaries of the city; however, Gallus gallus domesticus (herein referred to as “chicks” or “chickens”) may be kept as long as there are no more than four chicks or chickens per household and as long as the chicks or chickens are kept in a humane manner and under sanitary conditions so as not to constitute a nuisance in violation of any other city ordinance or state law or county law. No male chicks or chickens (hereinafter referred to as “roosters”) may be kept in any household.
   (B)   Any person who, as of June 15, 1987, already has such farm animals or exotic species may keep them until such time as they shall cease having such animals or fowl; however, notwithstanding this, chicks or chickens are allowed to be kept as long as no more than four chicks or chickens are kept in any one household and no roosters are kept in any household. No additional farm animals (except chicks or chickens) or exotic species may be acquired by such person. If at any time any person no longer has such farm animals (except chicks or chickens) or exotic species, they shall be prohibited from re-establishing and keeping such animals on their property in the future. Chicks and chickens may only be kept on property that is zoned for single-family residential or agricultural use and includes a single-family dwelling, and may not be kept on property where there are apartments or commercial or industrial uses. No roosters may be kept on single-family, multi-family, commercial or industrial property.
   (C)   Any person keeping such animals under the “grandfather” provision set forth in division (B) of this section, must keep said animals confined in cages or pens and under such sanitary conditions so as not to constitute a nuisance in violation of other city ordinance of state and county law.
   (D)   Any person found in violation of any provisions of this section shall be cited by the city police and given ten days to remove the offending animals or fowl from their property. Failure to remove the offending animals or fowl within the ten-day period will result in a citation be issued to the offending individual and said person shall be subject to the fines set forth in § 90.99.
   (E)   Any person who is keeping chickens on his or her property, or rented property, shall complete a permit application prior to keeping the chickens on the property. If the person keeping chickens is a tenant, then the tenant shall also complete and sign a permit application prior to keeping chickens on the property and the landowner shall also provide contact information on the permit and the landowner shall sign the same. The applicant shall provide contact information, information on the zoning of the property, information about the coop and a sketch of the proposed area for the coop and/or run with dimensions of property lines and adjacent structures. Property fencing and/or runs must be a minimum of four feet tall. All coops and runs must be located behind the residence on the property. The permit fee is to be paid at the time that the application is submitted for consideration. The Code Enforcement Officer, in his or her sound discretion, shall determine the number of chickens that may be kept, based on the area proposed in the application. No chickens may be kept closer than 25 feet from any adjacent structure.
(Ord. 4-87, passed 6-15-1987; Ord. 8-98, passed 8-3-1998; Ord. 14-2014, passed 10-6-2014) Penalty, see § 90.99