(a) No person shall keep any livestock or domestic livestock, including, but not limited to horse, mule, alpaca, llama, bovine, sheep, goat, swine, chicken, goose, pigeon, duck or other fowl in the City.
(1) However, any owner owning such animals as listed in Section 618.02(a) as of the effective date of this section shall be permitted to continue such ownership, so long as such animal(s) do not create nuisance conditions as set forth in Section 618.05. Whenever any of such animals dies, is sold or is given away, such pet owner shall not be permitted to replace such animal. In addition, there shall not be more than one pet owner permitted in any dwelling unit in the City.
(b) No person shall harbor, maintain or control a wild, dangerous, vicious or undomesticated animal or bees within the City. No person shall possess with intent to sell, or offer for sale, or breed, buy or attempt to buy, within the City any wild, dangerous, vicious or undomesticated animal.
(c) As used in this section, "wild, dangerous, vicious or undomesticated animal" includes any animal whose natural habitat is the wilderness and which, when maintained in human society, is usually confined to a zoological park or exotic animal farm, including, but not limited to, the following:
(1) A venomous snake or a snake that is a constrictor of a sufficient size to be capable of harming infants or household pets;
(2) An omnivorous or carnivorous animal that weighs more than 25 pounds and which is a predator in its natural habitat;
(3) An animal which, by reason of its size, strength or appetite, would, if unrestrained and at large in the City, cause peril to persons, household pets, buildings, landscape or shrubbery;
(4) An animal that makes noises with sufficient frequency and volume as to constitute a nuisance to persons in the immediate vicinity of the animal;
(5) An animal that emits offensive odors so as to constitute a nuisance to persons in the vicinity of the animal;
(6) An animal with a known propensity, tendency or disposition to attack unprovoked or to cause injury to, or to otherwise endanger the safety of, human beings or domestic animals;
(7) An animal which attacks a human being or domestic animal without provocation;
(8) An animal which is owned or harbored primarily or in part for the purpose of fighting or trained for fighting; or
(9) By illustration and without limitation to the following: a lion, tiger, mountain lion, jaguar, cheetah, leopard, panther, bear, wolverine, elk, moose, caribou, elephant, giraffe, rhinoceros, hippopotamus, wild ox or boar.
(d) No wild animals, wild birds, wild fowl or reptiles shall be kept or exhibited within the City unless they are kept or exhibited within the confines of a permanent structure containing cages or pens so designed as to prevent any member of the public from being killed or injured by such wild animals, wild birds, wild fowl or reptiles so kept or exhibited therein. Such structure used for the exhibition or keeping of the aforesaid wild animals, wild birds, wild fowl or reptiles shall be equipped with proper and adequate ventilation and sanitary facilities in order to eliminate noxious odors that would emanate therefrom because of the absence of these facilities. The aforesaid permanent structure shall be erected or placed upon land only in that area of the City so zoned to permit such structure.
(e) No person shall own or harbor any animal for the purpose of fighting, or train, torment, badger, bait or use any animal for the purpose of causing or encouraging such animal to unprovoked attacks upon human beings or domestic animals.
(f) If a law enforcement agent has probable cause to believe that an animal is being harbored or cared for in violation of this section, the law enforcement agent may petition a court of competent jurisdiction to order the seizure and impoundment of the animal pending trial.
(g) Any animal which attacks a human being or other domestic animal may be ordered destroyed when, in the court's judgment, such animal represents a continuing threat of serious harm to human beings or domestic animals.
(h) In addition to the penalty provided in division (j) of this section, whoever violates this section shall pay all expenses, including shelter, food, veterinary expenses for identification or certification of the breed of the animal, boarding and veterinary expenses necessitated by the seizure of any animal for the protection of the public, and such other expenses as may be required for the destruction or disposal of any such animal.
(i) The Chief of Police, his designee or the Animal Warden is hereby directed to notify any person in possession of or harboring any animal referred to in this section of the adoption of this section and to give such person 30 days within which to dispose of any such animal in his or her possession.
(j) Whoever violates any of the provisions of this section is guilty of a misdemeanor of the first degree and shall be subject to the penalty provided in Section 698.02. A separate offense shall be deemed committed each day during or on which a violation occurs or continues.
(Ord. 2012-81. Passed 9-19-12.)