Section
Regulating Animals and Fowl
90.01 Definitions
90.02 Keeping exotic or dangerous wild animals and poisonous reptiles prohibited
90.03 Special provisions concerning fowl
90.04 Minimum lot size for keeping animals
90.05 Running at large prohibited
90.06 Fencing required
90.07 Keeping swine prohibited
90.08 Maintenance of premises
90.09 Location of buildings
90.10 Exceptions
90.11 Noise
Dogs Running At Large
90.25 Illegal action
90.26 Definition
90.27 Ownership
90.28 Impoundment
Dangerous Dogs and Other Animals
90.45 Dangerous incident report
90.46 Determination that animal is dangerous
90.47 Knowledge of a dangerous dog or dangerous animal
90.48 Requirements of a dangerous dog or dangerous animal
90.49 Failure to comply
90.50 Hearing
90.51 Appeal
90.52 Notices
90.53 Registration
90.54 Dangerous dog or dangerous animal ordered removed from the city
90.55 Nuisance declared
90.56 Offenses
90.57 Defenses
Dogs or Animals That Are a Danger to Persons
90.65 Seizure of a dog or other animal causing death of or serious bodily injury to a person
90.66 Hearing
90.67 Destruction of dog or other animal
90.68 Provocation or location of attack irrelevant
90.99 Penalty
REGULATING ANIMALS AND FOWL
For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ANIMAL. Any living creature including, but not limited to, dogs, cats, cows, horses, birds, fish, mammals, reptiles, insects, fowl and livestock, but specifically excluding human beings.
ANIMAL CONTROL AUTHORITY or AUTHORITY. The City of Lindsay.
ANIMAL CONTROL OFFICER. Any employee or agent of the city assigned to the animal control authority or whose responsibilities include animal control.
AT LARGE. An animal that is not confined to the premises of its owner by a containment device of sufficient strength and/or height to prevent the animal from escaping from such premises, and so arranged that the animal will remain upon such premises when a leash, cord, chain or similar direct physical control of a maximum length of six feet, and not being kept physically restrained from leaving the premises of the owner. An animal shall not be considered AT LARGE when held and controlled by a person by means of a leash or chain of proper strength and length to control the action of the animal.
DANGEROUS ANIMAL. An animal, other than a dog, that:
(1) Makes an unprovoked attack on a person or another animal that causes bodily injury and occurs in a place other than an enclosure in which the animal was being kept and that was reasonably certain to prevent the animal from leaving the enclosure on its own; or
(2) Commits unprovoked acts in a place other than an enclosure in which the animal was being kept and that was reasonably certain to prevent the animal from leaving the enclosure on its own and those acts cause a person to reasonably believe that the animal will attack and cause bodily injury to a person or to another animal.
DANGEROUS DOG. A dog that:
(1) Makes an unprovoked attack on a person or another animal that causes bodily injury and occurs in a place other than an enclosure in which the dog was being kept and that was reasonably certain to prevent the dog from leaving the enclosure on its own; or
(2) Commits unprovoked acts in a place other than an enclosure in which the dog was being kept and that was reasonably certain to prevent the dog from leaving the enclosure on its own and those acts cause a person to reasonably believe that the dog will attack and cause bodily injury to a person or to another animal.
DANGEROUS INCIDENT. An incident in which a dog or another animal:
(1) Makes an unprovoked attack on a person or another animal that causes bodily injury and occurs in a place other than an enclosure in which the dog or animal was being kept and that was reasonably certain to prevent the dog or animal from leaving the enclosure on its own; or
(2) Commits unprovoked acts in a place other than an enclosure in which the dog or animal was being kept and that was reasonably certain to prevent the dog or animal from leaving the enclosure on its own and those acts cause a person to reasonably believe that the dog or animal will attack and cause bodily injury to a person or to another animal.
DANGEROUS WILD ANIMAL. Animals including venomous lizard, poisonous snakes, constricting snakes, raccoon, skunk, fox, bear, elephant, kangaroo, monkey, chimpanzee, antelope, deer, lions, tigers, ocelots, cougars, leopards, cheetahs, jaguars, bobcats, servals, caracals, hyenas, coyotes, jackals, orangutan, gorillas, baboons or any other wild animal capable of or inclined to do serious bodily harm to human or other animals or fowl.
DOMESTIC ANIMAL. Includes, but is not limited to, dogs, cats, pygmy goats, potbellied pigs and ferrets.
EXOTIC ANIMAL. Animals that are not normally considered to be domesticated but may be reasonably kept as pet animals without posing any immediate danger to persons or other animals including, but not limited to, iguanas, non-poisonous snakes, non-constricting snakes, hedgehogs, chameleons and salamanders.
FOWL. Chickens, turkeys, pheasant, quail, geese, ducks or similar feathered animals, regardless of age, sex or breed, excluding ostriches, emus and/or rheas.
LIVESTOCK. Members of the equine, bovine, bird and ruminant species including, but not limited to, horses, mules, donkeys, cattle, goats, sheep, ostriches, emus, rheas and swine, regardless of age, sex or breed.
NUISANCE. Any thing or animal which is injurious to the life, health or morals, or indecent or offensive to the senses, or an obstruction to the free use of property, so as to interfere with the comfortable enjoyment of life or property or which renders the ground, water, air or food a hazard or that is or threatens to become detrimental to the public health.
POSSESSION. Actual care, custody, control or management of a certain animal.
PREMISES. A parcel of land of one or more continuous lots owned, leased or controlled by one or more person.
PROHIBITED ANIMALS. A dangerous wild animal not normally considered domesticated, including, but not limited to, venomous lizard, poisonous snakes, boa, python, constricting snakes, raccoon, skunk, fox, bear, elephant, kangaroo, monkey, chimpanzee, antelope, deer, lions, tigers, ocelots, cougars, leopards, cheetahs, jaguars, bobcats, servals, caracals, hyenas, coyotes, jackals, orangutan, gorillas, baboons or any other wild animal capable of or inclined to do serious bodily harm to humans or other animals or fowl.
(Ord. 0408-2, passed 5-19-2008; Ord. 0620-1, passed 6-15-2020)
It shall be unlawful to harbor, keep or maintain any wild or exotic animals, including, but not limited to, a lion, tiger, ocelot, cougar, leopard, cheetah, jaguar, bobcat, lynx, serval, caracal, hyena, bear, coyote, jackal, baboon, chimpanzee, orangutan, gorilla, lesser panda, binturong, wolf, ape, elephant, rhinoceros, or any hybrid of an animal listed, or poisonous reptiles within the municipal limits.
(Ord. 0408-2, passed 5-19-2008) Penalty, see § 90.99
(A) Keeping of fowl. No person shall maintain fowl in any Single-Family Zoning District within the municipal limits. No person shall maintain fowl in any other zoning district within the municipal limits unless the following requirements are met.
(1) There shall be a minimum of five square feet enclosure for each fowl kept in the municipal limits. An enclosure shall be provided on the premises which shall be no closer than 100 feet to any dwelling. The enclosure must be of such construction as will allow for ease in cleaning and airing and kept in such a manner as not to become offensive to adjacent neighbors or the public. No more than 25 fowl may be maintained on any single lot or tract.
(2) Each premises where fowl are kept shall be required to have built an impervious (for example, concrete) bin which will act as a storage place for all manure from such fowl. It shall be covered with an approved cover that will not allow the ingress or egress of flies and will prevent any water from entering it. The bin shall be a minimum of 30 cubic feet in size.
(3) It shall be the duty of every person raising, keeping or harboring any fowl to keep the premises, pen or other enclosure in a sanitary condition.
(4) It shall be unlawful for any person owning chickens, turkeys, ducks, geese, guineas or other fowl to permit such fowl to run at large within the corporate limits of the municipality.
(B) Sale of baby fowl and ducks. It shall be unlawful for any person to sell or offer for sale, lease, rent or in any way transfer, barter or give away baby fowl or ducklings as pets or novelties, whether dyed or not dyed, colored or otherwise artificially treated; provided, however, that this division (B) shall not be construed to prohibit the display or sale of natural chicks or ducklings in proper breeding facilities for hatcheries or stores engaged in the business of selling the same to be raised for legitimate commercial purposes.
(Ord. 0408-2, passed 5-19-2008) Penalty, see § 90.99
(A) Except as hereinafter provided in this section, no horse, cow, goat, sheep or other livestock may be kept on a tract of less than five acres in size. The ratio of animals to acreage shall be no greater than one animal to each two acres over the five acre minimum. Thus, no more than two animals are permitted on a seven acre tract, three animals on a nine acre tract, and the like.
(B) For tracts or parcels of land situated adjacent to the city limits, or in areas specifically designated as Country Estates, or similar designation, by the City Council, the keeping of horses or ponies is permitted on tracts or parcels which contain a minimum enclosed or fence space of one-half acre (21,780 square feet) for each head of horse or pony kept within the city. Such one-half acre shall be in addition to the area on which a residence or business structure is located. Additionally, the tract or parcel shall contain a barn or shed used for the protection of livestock, which barn or shed may not be located nearer than 100 feet from the nearest occupied residence whether or not such residence is presently constructed or occupied or whether or not such residence is constructed or occupied after the passage of this subchapter.
(Ord. 0408-2, passed 5-19-2008) Penalty, see § 90.99
It shall be the duty of the Animal Control Officer to cause to be confined any and all horses, mules, jacks, jennets, cattle, sheep, goats and swine that may be found running at large upon any street, alley or other public place in the municipality and cause the same to be placed and kept in a secure enclosure to be provided for that purpose until the same are disposed of in the manner hereinafter provided. He or she shall immediately after confining such animal notify the owner thereof, if known to him or her, or post written notices at three or more public places in the municipality, describing therein the marks, brands, color and other description of such animal and giving notice that the same will be sold five days after the date of such notice unless the owner shall come forward and reclaim the same.
(Ord. 0408-2, passed 5-19-2008) Penalty, see § 90.99
Loading...