It is hereby declared a nuisance for any person and/or entity to keep within the city any cattle, cows, horses, sheep, swine, goats, roosters, guinea hens, poultry (with the exception of chicken hens, which will be regulated as provided below herein), ducks, (also except as provided below herein) turkeys, geese or other livestock except as provided as follows.
(A) Within any portion of the City zoned Ag-1 Agricultural.
(B) This subchapter and the interpretation thereof shall not apply to livestock brought into the city temporarily for the purpose of being immediately shipped out of the city.
(C) The keeping of any such animals otherwise prohibited by this subchapter may be permitted by applying for a special permit from the City Council. Such permits may be issued for temporary purposes to permit circus performance, or other public exhibition or entertainment events or such other matters as the City Council shall deem appropriate within the reasonable, rational discretion of the City Council.
(D) This subchapter shall not apply to any of the above species that have been declared to be a nuisance herein, to the extent that the same presently exists in the city for a period of six months from the date of passage of this subchapter.
(E) In reference to chicken hens and female ducks, the same will be allowable and excepted from being declared a nuisance only if in compliance with the following provisions and regulations of this subchapter:
(1) Chicken hens (hereinafter “hens”) shall mean the female of the species gallus gallus domesticas. Guinea hens are not chicken hens for purposes of this subchapter and guinea hens are prohibited.
(2) It is again specifically declared that it shall be unlawful and is declared a nuisance to keep roosters and/or drakes (male ducks) within the city limits except in Ag-1 zoning.
(3) The combined number of hens and female ducks allowed shall be no more than ten per premises.
(4) Hens and female ducks shall at all times be confined within an appropriate enclosure which shall be kept and maintained in accordance with provisions of the City of LaSalle Zoning Ordinance in reference to buildings and accessory structures and/or the same shall be otherwise appropriately restrained.
(5) No such enclosure ore restraint shall be located closer than 25 feet to any residential structure on any adjacent premises.
(6) The owner and occupier and each of them of any area where a hen and/or hens and female ducks are kept shall keep and maintain the same in a clean and sanitary condition at all times.
(7) Additionally, the keeping and maintaining of said area in a clean and sanitary condition shall include, but not be limited to, prohibiting the accumulation of any waste material from the keeping of hens and female ducks in such a manner as to create and/or allow either any offensive odor and/or any violation of any other nuisance ordinance of the city.
(8) Any person keeping hens and/or female ducks shall be required to apply for and obtain a permit regarding the keeping of hens from the city, which permit shall be applied for through the Office of the City Clerk and the approval of any such permit shall be authorized by the Building Inspector or such other appropriate agent of the city as the Mayor and/or City Council may from time to time designate. The initial permit must be applied for and obtained within 30 days from the effective date of this subchapter with the annual cost of any such permit to be in the amount of $30 per year, except that in reference to any permit obtained prior to May 1, 2012 shall cover the time frame until May 1, 2013, which would be the commencement of the next fiscal year of the city. Following May 1, 2012, any permit applied for during a year shall be valid only until the commencement of the next fiscal year. There shall be no pro-ration of the permit cost.
(9) Additionally, each owner and occupier of premises seeking and/or obtaining a permit authorizes by the filing of the permit application the Building Inspector and/or other appropriate agent as may be designated on behalf of the city from time to time by the Mayor and the City Council to perform such reasonable inspections as the Building Inspector and/or other appropriate agent of the city deems appropriate in the circumstances in reference to any premises concerning which a permit has been applied for and/or issued at any and all times.
(10) Any permit issued in referenced to any subject premises shall not run with the land; any subsequent owner and/or occupier must apply on their own for any permit.
(11) Additionally, no owner, occupier and/or other person and/or entity shall slaughter any hen or female duck or any other animal within the city limits except within an area zoned Ag-1 and/or in connection with the operation of a lawful business operation on premises appropriately maintained and zoned for such business and/or industrial activity.
(12) Pigeons are not considered poultry for purposes of this subchapter and are thus not covered by this subchapter.
(Ord. 2329, passed 2-6-2012) Penalty, see § 91.99