(A) No person, firm or corporation shall keep any horses, cattle, swine, sheep, ponies, goats, rabbits, reptiles (snakes, lizards, turtles), exotic or wild animals, poultry or other animals and fowl, except four dogs and four cats, within the corporate limits of the city.
(B) Wherein any person, firm or corporation does have on his, her or its premises any horses, cattle, swine, sheep, ponies, goats, rabbits, reptiles (snakes, lizards, turtles), exotic or wild animals, poultry or other animals and fowl or more than four dogs and four cats within the corporate limits of the city, prior to the effective date of the ordinance from which the provisions of this section derive, said person, firm, or corporation shall make written application to the city requesting to keep said animals in violation of this section.
(C) For consideration on such application, the City Clerk shall notify the residents directly to the north, south, east and west of the subjects property. The City Council has the authority to review the application and either grant or deny the applicant’s request after consideration of the following criteria:
(1) The total number and type of animals, reptiles, poultry or fowl kept on subject’s property prior to the effective date of the ordinance from which the provisions of this section derive;
(2) The intent and circumstances surrounding the request along with information regarding the place where said animals, reptiles, poultry or fowl and the distance from such place of keeping to the public streets and the property lines of the applicant’s premises; and
(3) Convictions, pending violations and complaints pertaining to this section or its predecessor made against the applicant or any resident of the premises where the animals are proposed to be kept.
(D) If it shall appear to the City Council after reviewing said application that it will not be detrimental to the health, safety and welfare of any of the inhabitants of the city or constitute a public nuisance, the City Council shall grant to the person or persons applying therefore a permit in writing, signed by the Mayor of the city, authorizing the applicant to keep the specified animal(s), reptile(s), poultry or fowl.
(E) Any person, firm or corporation granted permission by the City Council to allow such animals, reptiles, poultry or fowl in violation of the effective date of the ordinance from which the provisions of this section derive is expected to comply with this section and that, at such time that the animals, reptiles, poultry or fowl are sold, given up or die, they shall not be replaced so eventually there is compliance.
(F) The City Council shall have the authority to impose reasonable conditions upon such permit. Such conditions are designed to encourage compliance with the ordinance from which the provisions of this section derive, particularly the provisions prohibiting an animal’s constituting a public nuisance. In addition, owners of domestic cats that run free must have them neutered or spayed.
(G) The provisions of this section shall not be construed or interpreted as applying to the keeping of any canary, parakeet or similar bird kept as a pet within any dwelling house or place of business within said city.
(Ord. 123, passed 4-16-1996) Penalty, see § 10.99