(A) No person may keep within the town any permissible livestock and/or fowl except in accordance with a permit issued pursuant to this section.
(B) (1) The applicant for a permit under this section shall supply to the Administrator any information deemed by the Administrator to be reasonably necessary to determine whether a permit shall be issued.
(2) The applicant shall also pay a permit application fee of $15.
(C) (1) Location of fenced lot, enclosures, stable, coop or barn.
(a) It shall be unlawful for any person to locate, construct, reconstruct, alter, maintain or use any enclosure, stable, coop or barn, which shall be less than 150 feet from any commercial building or residential dwelling other than that of the applicant for the purpose of keeping, maintaining, lodging or feeding of any livestock or fowl.
(b) No person shall locate, construct, place or move any enclosure, stable, coop or barn, within 100 feet of any street or sidewalk right-of-way or any adjoining property line.
(c) Every part of a fenced lot set aside for the use of cattle, goat, horses or other livestock or fowl shall be enclosed or fenced so as to retain the animals at all times.
(d) Before any person shall locate, erect or place any enclosure, coop or barn on any fenced lot within the corporate limits of the town, they shall make application to the Town Zoning Administrator and obtain all required permits.
(e) Enclosures (including fences), coops, stables or barns used for housing cattle, goats, horses, other livestock, or fowl shall comply with all local zoning ordinances and be constructed and maintained in conformity with the requirements of the Zoning Administrator and the Randolph County Health Department.
(2) Fenced lots or enclosures.
(a) Every person owning, using or maintaining any stall, coop, stable, barn, yard, lot or pasture within the corporate limits of the town where any horse, mule, pony, cow, goat, sheep, other livestock, or fowl excluding swine shall maintain the place in a clean and sanitary condition in order to protect the public health.
(b) Stables used for housing cattle, goats, horses or other livestock shall comply with all local zoning ordinances and be constructed and maintained in conformity with the requirements of the Randolph County Health Department.
(c) All enclosures, barns, coops, stables and all pens regardless of design or number of animals shall be cleaned and sprayed with suitable disinfectants and insecticides as needed but shall be cleaned and sprayed with a suitable disinfectant at least once every 7 days, and during the fly breading season be sprayed with insecticide at lease once every 2 days.
(d) All enclosures, barns, coops, stables and all pens of whatever design in which animals are kept must be high and thoroughly drained so that no pools of water can accumulate.
(e) No enclosure, barn, coop, stable or pen of whatever design shall be maintained in a manner so as to create offensive odors or a breeding place for flies.
(3) Keeping livestock; maximum number permitted.
(a) It shall be unlawful for any person to maintain, keep or house any swine within the corporate limits of the town.
(b) It shall be unlawful for any person to maintain, keep or house any cattle, goat, horse or other livestock on a fenced lot containing less that 1 acre.
(c) No more than 1 head of cattle, horse or other livestock may be kept on a lot containing less than 3 acres, excluding goats and sheep.
(d) On fenced lots containing more than 3 acres, cattle, horses or other livestock may be kept in numbers not to exceed 1 head per 1-1/2 acre, total acreage to be in 1 tract and not divided into smaller lots by fences or other means, excluding goats and sheep.
(e) On fenced lots containing at least 1 acre, goats and sheep may be kept in a number equal to 3 per acre.
(D) (1) It shall be unlawful to permit any fowl, including but not limited to chickens, ducks, geese, turkeys, guineas or other fowl to run at large with the corporate limits of the town.
(2) Any fowl kept within the corporate limits of the town must be contained by a fence, building or other enclosure that will ensure that the fowl will not run at large.
(3) Any fowl found running at large may be taken into possession and/or destroyed by the Administrator anywhere within the corporate limits of the town.
(E) After compliance with division (F) below, the Administrator shall issue the permit required by this section unless he or she finds that:
(1) The applicant has failed to comply with division (B) above;
(2) The animal for which the permit is requested poses a substantial danger of harm to any person, animal or property;
(3) The animal for which the permit is requested is likely to or does interfere seriously with the use and enjoyment of neighboring properties because of offensive noise or odor or for other reasons; and
(4) The animal for which the permit is requested otherwise constitutes a threat to the public health or safety.
(F) (1) Before issuing a permit under this section, the Administrator shall notify the applicant and the applicant's immediate neighbors, by any convenient means, of a date and time when they may be heard on the question of whether a permit should be issued.
(2) After the hearing, the Administrator shall set forth in writing his or her reasons for the issuance or denial of the permit and shall furnish a copy thereof to any person requesting the same.
(G) A permit issued in accordance with this section may be revoked by the Administrator after notice and hearing, for any reason that would have justified denial of the permit as set forth in division (D) above.
(H) If the Administrator denies or revokes a permit in accordance with this section, he or she shall notify the owner of the animal of his or her right to appeal the decision in accordance with § 96.06 below.
(I) This permit shall be valid for 1 year from the date of issuance.
(1981 Code, § 10-5) (Ord. passed 2-26-2001; Am. Ord. passed 4-23-2001; Am. Ord. passed 2021) Penalty, see § 96.99