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3-7-6: IMPOUNDING DOGS, CATS, AND OTHER ANIMALS AT LARGE:
   A.   Authority To Impound; Records: The city shall designate such persons as the city deems necessary to apprehend any dog, cat, or other animal found running at large contrary to the provisions of this chapter and to impound such dog, cat, or other animal in the city pound, if one is maintained, or any other suitable place for the impounding of animals as may be directed by the city. Licensed animals shall be separated from unlicensed animals. A complete registry shall be made upon impounding any dog, cat, or other animal including, with relation to the dog, cat, or other animal entering:
      1.   Its description by species, breed, sex, approximate age, and other distinguishing traits.
      2.   The location at which it was seized.
      3.   The date of its seizure.
      4.   The name and address of the person from whom any dog, cat, or other animal three (3) months of age or over was received.
      5.   The name and address of the person to whom any dog, cat, or other animal three (3) months of age or older was transferred.
      6.   Whether the dog, cat, or other animal is licensed for the current year.
      7.   If the dog, cat, or other animal is licensed, the name and address of its owner and the number of its tag.
   B.   Notice To Owner And Redemption: Not later than two (2) days after the impounding of any dog, cat, or other animal, the city shall attempt to notify the owner, if the owner is known to the city.
   C.   Impound And Redemption Fees:
      1.   The owner of any animal so impounded may reclaim such animal upon payment of an impound fee as established by the city's fee schedule for the first impound each year, a fee as established by the city's fee schedule for the second impound, a fee as established by the city's fee schedule for the third impound, and increasing thereafter a fee as established by the city's fee schedule for each additional impound.
      2.   Additional charges for maintenance and keeping of said dog or cat, giving proper notice, and the cost of any needed rabies inoculation shall be assessed in addition to the license fee and impound fee.
      3.   The owner of any dog or cat six (6) months of age or older impounded by the city which is not licensed for the current year or which has not been spayed or neutered shall be assessed an impound fee as established by the city's fee schedule in addition to the fees hereinbefore prescribed.
      4.   If the owner disputes the fees assessed or prescribed, the owner shall pay the fees and may appeal any disputed fees to conciliation court in Clay County for a refund.
   D.   Disposition Of Unclaimed Or Infected Dogs, Cats, And Other Animals: All animals shall be impounded for a period of at least five (5) regular business days. At the end of the five (5) day period, all animals, which remain unredeemed, must be made available to any registered, recorded, licensed, animal rescue organization. At the end of the five (5) day period, if no requests for animals have been filed with the city by any registered, recorded, licensed, animal rescue organization, all animals, which remain unredeemed, may be destroyed in the discretion of the city. Notwithstanding any provisions within this section, any animal which appears to be suffering from rabies or affected with hydrophobia, mange or other infectious or dangerous disease, as shall be determined by a qualified veterinarian, shall not be released but may be forthwith destroyed. (Ord. 2008-23, 11-24-2008)
3-7-7: MUZZLING REQUIREMENTS:
Whenever it becomes necessary to safeguard the public from the dangers of rabies, the city may order all persons owning or keeping a dog or cat to confine it securely on their premises unless such dog shall have a muzzle of sufficient strength to prevent its biting any person. Any unmuzzled dog or cat running at large after the issuance of such an order shall be seized and impounded unless noticeably infected with rabies. All dogs or cats so noticeably infected with rabies and displaying vicious propensities shall be disposed of without notice to the owner. Dogs and cats impounded during the first two (2) days of such proclamation shall, if claimed within three (3) days, be released to the owner unless infected with rabies, upon payment of the impounding charges. If unclaimed after that period, such dog or cat may be destroyed. (Ord. 2005-1, 2-22-2005)
3-7-8: SUSPICION OF RABIES, NOTICE:
   A.   If a dog or cat is believed to have rabies or has been bitten by a dog or cat suspected of having rabies, such animal shall be placed under the observation of a veterinarian, at the expense of the owner(s) for a period of ten (10) days. The owner(s) shall notify the police department of the fact that their dog or cat has been exposed to rabies and, at its discretion, the police department is empowered to have such animal removed from the owner's premises to a veterinary hospital and placed under observation for a period of ten (10) days at the expense of the owner.
   B.   It shall be unlawful for any persons knowing or suspecting that a dog or cat has rabies to allow such dog or cat to be taken off their premises or beyond the limits of the city without the written permission of the police department. Every owner or other person, who suspects a dog or cat is rabid, shall immediately notify the police department who shall either remove the animal to the pound or destroy it.
   C.   Upon request of any person who has been bitten by a dog or cat within the city limits, or upon request of the guardian of said person, the police department shall impound said animal and shall deliver said animal to a veterinarian to be placed under observation of a veterinarian, at the expense of the owner of said animal, for a period of ten (10) days thereafter. Owners wishing to appeal the impounding of their animal may request the chief of police to review the impound or may seek redress in the courts. (Ord. 2005-1, 2-22-2005)
3-7-9: PROHIBITED ACTS AND CONDITIONS:
   A.   Premises Kept Clean: Any person operating or maintaining a kennel for any number of dogs or cats, either commercially or privately, or maintaining a dog or cat on a leash, or chained in a back yard or elsewhere, or allowed to roam in a fenced in yard of any size, shall clean waste material daily. All waste material shall be stored in steel containers, covered fly and watertight and to prevent any noxious odor therefrom.
   B.   Animal Wastes On Public And Private Property: No person shall allow a dog or cat owned by them or in their possession to deposit animal waste in city parks, on public property or on the property of other citizens or residents of the city. Any person charged and convicted of a violation of this subsection shall be subject to a fine or administrative penalty not to exceed ten dollars ($10.00) for the first offense and thereafter not to exceed fifty dollars ($50.00) for further offenses.
   C.   Animals Disturbing The Peace 1 : No person shall keep or harbor any animal, which habitually barks, cries or howls. Any such animals, which habitually bark, cry or howl are hereby declared to be a public nuisance. "Habitually barking, crying or howling" shall be defined as barking, howling or crying for repeated intervals of at least five (5) minutes, with less than one minute of interruption. Such barking, crying or howling must be audible off of the owner's or keeper's premises. Any person desiring to make an administrative or criminal complaint against the owner or keeper of a habitually barking, crying or howling animal must contact the police department and state facts supporting the alleged nuisance. The police department, upon receipt of a sufficient complaint, shall then notify the person owning, harboring or keeping the animal that a complaint has been received and that such nuisance must be abated, and remain abated for a period of two (2) months. Notice shall be sufficient for purposes of this section if the alleged violator is informed orally of the complaint or if notice of the complaint is posted upon a door of the residence where the alleged violation occurred. If the animal is not quieted within the above time period and for the above described time period, an administrative or criminal complaint may be made out against the alleged violator.
   D.   Feeding Of Wildlife Prohibited: No person shall feed wildlife within the city limits, unless that person is doing so in the course of that person’s employment as a veterinarian, city employee, or Minnesota Department of Natural Resources employee. (Ord. 2020-15, 1-11-2021)

 

Notes

1
1. See also subsection 4-4-2B5 of this code.
3-7-10: ANIMALS PROHIBITED IN CITY:
   A.   Livestock Prohibited In City Limits: It shall be unlawful for an owner to keep ducks, geese, turkeys or other domestic fowl, except as permitted in this Chapter, cattle, horses, pigs, sheep, goats, or other domestic livestock within the limits of the city, except that licensed veterinarians may keep such animals for the purposes of care and treatment necessary in the practice of their profession and except for temporary presence in connection with livestock or wildlife shows, exhibitions, zoos, circuses or auctions within the city. Any animals present in such a temporary livestock or wildlife event shall be caged, tethered or otherwise safely restrained to protect the public.
   B.   Keeping Of Chickens: It is unlawful for any person to own, control, keep, maintain, or harbor chickens on any premises within the city unless that person has a permit to do so as provided in this chapter. The keeping or harboring of male chickens or roosters is prohibited.
      1.   Permit: A person shall not maintain a coop or run unless granted a permit by the city. The permit is subject to all terms and conditions of this chapter and any additional conditions deemed necessary by the city to protect public health, safety, and welfare.
         a.   Annual Permit: Permits will not exceed one (1) year and are subject to annual renewal. The initial permit automatically expires at the end of the initial calendar year and, thereafter, renewals of said permit extend for calendar-year periods. The annual permit fee is set by resolution of the city council, as amended from time to time.
         b.   Number Of Chickens:
            (1)   Tier I Permit: One to Six (1 - 6) Chickens: Permit may be issued to any property that meets requirements for keeping chickens.
            (2)   Tier II Permit: Seven to Twelve (7 - 12) Chickens: Permit may be issued to properties zoned RLD-1: Residential Low Density-1 that are one (1) acre or more and meets requirements for keeping chickens.
         c.   Permit Requirements: A completed application for a permit includes:
            (1)   Applicant and property information;
            (2)   The number and species of chickens to be maintained at the premise;
            (3)   A signed statement that the applicant will, at all times, keep the chickens in accordance with this chapter and comply with all the conditions within the application and permit. Failure to comply with said conditions, or modification thereof, will constitute a violation of the provisions of this chapter and are grounds for the revocation or suspension of the permit.
            (4)   Fee.
            (5)   A scaled drawing with the following:
               (a)   The location and dimensions of the coop, run, fence and landscape screening (where required);
               (b)   Approximate distance of the coop and run from adjoining structures and property lines;
               (c)   If coop or run is intended to be moveable, indicate area or areas where they may be moved;
               (d)   A property with three (3) or more residential dwelling units or zoned for commercial, mixed-use, institutional, or industrial use is prohibited from keeping chickens.
               i.   Exception: Single and two-family homes in mixed-use districts may keep chickens.
      2.   Chickens may be slaughtered on the premises if out of view of the general public and only for consumption by the occupants of the premises.
      3.   Confinement: A person who owns, controls, keeps, maintains, or harbors chickens must keep them confined in a coop and/or run and may not allow the chickens to run at large, which means chickens roaming off permitted property.
         a.   Exception: Chickens may roam outside of their coop or run within yards with perimeter fencing or coop/run perimeter fencing between sunrise and sunset with adult supervision.
         b.   Coops And Runs:
 
Location
Setbacks
Materials
Height
Coop and Run
- May not be located in front yard (beyond front facade of house)
- May not be located in easements
- May not be located in dwelling or garage
- 3 feet from onsite structures
- 10 feet from property lines
- Must be predator- proof and constructed from durable materials which are compatible with the principal structure
- Runs must be entirely enclosed and allow airflow and sunlight with non- opaque materials such as chicken-wire
- Coop floor, foundation and footings must be constructed using rodent resistant materials
- Materials such as exposed plywood, particle board, unfinished metal, plastic sheets or tarps and snow fencing are not permitted
- May not exceed 7 feet
Feed
- Must be kept within coop, run or other structure on site within animal-roof containers
 
 
 
Fencing1
-Must be either around perimeter of yard or around perimeter of coop and run
- Perimeter fencing is permitted up to the property line
- Must be either:
6-foot solid fence consisting of typical residential fence materials such as wood or vinyl2
or
4-6 foot light permeable fence with landscaping sufficient to screen from neighbors and/or street2
- Materials such as exposed plywood, particle board, pallets, snow fences and other materials not customarily associated with residential fence materials are prohibited
- Minimum: 4 feet2
- Maximum: 7 feet2
- Fence bottom must be no more than 4 inches from the ground or surface
 
Size3
Clearance from ground to coop floor
Bedding
Manure
Coop
- Minimum: 4 square feet per chicken
- Maximum: 10 square feet per chicken
- Chickens must be secured in a chicken coop from sunset to sunrise each day
- 2 feet
- The area under the coop may be used as up to 50% of required run space if at least 2 feet in height and open to airflow
- To be layered with quality bedding such as straw, hay or hemp that is clean and changed frequently to prevent odor, pests and other nuisances
- Must be removed frequently
- Manure which is not properly disposed of and/or causes odor issues will result in revocation of the permit
Run
- Minimum: 15 square feet per chicken
- Maximum: cannot exceed 200 square feet except in RLD-1 where there is no maximum
- At least 50% of run must be in direct sunlight
 
 
Notes:
   1.   Exception: Properties in RLD-1: Residential Low Density-1 are exempt from fence/screening requirements except that chickens that roam outside of coop/run must roam in a contained area.
   2.   Residential Protection Screening: Where any chicken coop/run abuts property zoned for residential use, screening along the boundary of the residential property shall be provided. All fencing and screening specifically required by this title shall be subject to title 10-19-5, Fences, and shall consist of either a:
      a.   Six (6) foot solid fence; or
      b.   Solid fence less than six (6) feet in height or light permeable fence four to seven (4-7) feet in height shall have a greenbelt planting strip provided as follows:
         (1)   A greenbelt planting strip shall consist of evergreen and/or deciduous trees and plants, and shall be:
            (a)   Of sufficient width and density to provide an effective visual screen, as approved by zoning administrator.
            (b)   Minimum height of six (6) feet.
            (c)   Earth mounding or berms may be used but shall not be used to achieve more than three (3) feet of the required screen.
   3.   Commercially purchased coops/runs that substantially conform with the requirements of this section may be permitted. "Substantially conforms" means it may not differ more or less than thirty percent (30%) of the noted coop/run standards, as approved by the Zoning Administrator.
      4.   Conditions And Inspections: A person who owns, controls, keeps, maintains, or harbors chickens must keep premises in a healthy, sanitary, and non-nuisance condition. Premises may not create noxious odors that may affect adjacent properties. Any coop or run authorized by permit under this chapter may be inspected at any reasonable time by an animal control officer, law enforcement officer, public health official, or other employee or agent of the city.
      5.   Private Restrictions/Covenants: A permit issued to a person whose premises is subject to private restrictions and/or covenants that prohibit the keeping of chickens is the sole responsibility of the person applying for the permit. The interpretation and enforcement of the private restrictions and/or covenants is the sole responsibility of the private parties involved, the city is in no way responsible for interpreting or enforcing private restrictions and/or covenants.
      6.   Refusal To Grant Permit: The city may refuse to grant or renew a permit to keep or maintain chickens for failure to comply with the provisions of this chapter, submitting an inaccurate or incomplete application, failure to comply with permit conditions, creation of a nuisance condition, or if the public health and safety is unreasonably endangered by the granting or renewing of such permit. Any coop or run constructed or maintained on any premises must be removed from said premises within thirty (30) days after the suspension, expiration, or revocation of the permit for said premises or after a period of thirty (30) days from which chickens have not been lawfully kept on the premises.
      7.   Suspension And Appeal: A permit for keeping of chickens may be revoked or suspended by the city for any violation of this chapter following written notice or, upon request for renewal, the renewal permit may be refused by the city. The applicant may appeal the revocation, suspension, or refusal to renew the permit to the city clerk by requesting a hearing before the city council within seven (7) days of the date of the notice. The city council shall hear testimony from the permittee and city staff and render a decision on the matter or request additional information.
      8.   Violation: A person who owns, controls, keeps, maintains, or harbors chickens without obtaining or maintaining a current permit or after a permit has been suspended or revoked is guilty of an infraction as provided under city code §§ 1-4-2 and 1-4-4.
      9.   A person who had a permit to harbor chickens and who no longer harbors chickens must remove any related structures (coop, run, or other) within ten (10) days of no longer harboring chickens.
   C.   Pigeons: It shall be unlawful for an owner to keep pigeons within the limits of the city except fancy or homing pigeons as hereinafter defined may be kept in accordance with the following regulations:
      1.   Definitions:
 
AVIARY:
Any pen or run enclosed by wire immediately adjacent to a loft into which fancy or homing pigeons can only enter directly from the loft.
FANCY PIGEON:
A pigeon which through selective past breeding has developed certain distinctive physical and/or performing characteristics as to be clearly identified as such, including, by way of example, but not limitation, rollers, frillbacks, and fantails.
HOMING PIGEON:
A pigeon which through selective past breeding has developed the distinctive physical and/or mental characteristics to enable the pigeon to return to its home after having been released a considerable distance therefrom, including, by way of example but not limitation, carrier and racing pigeons.
LOFT:
Any building, structure, or coop in which fancy or homing pigeons are housed or kept which meets the requirements of subsection B5 of this section.
SUPERVISED EXERCISE:
Allowing fancy or homing pigeons in accordance with subsection B4 of this section to exercise outside of a loft and/or aviary with the owner of the pigeons present on the property where the loft and/or aviary is situated to ensure that the pigeons do not roost on the property of other persons nor otherwise interfere with the enjoyment of other persons’ property.
 
      2.   Confinement Of Pigeons: The keeping of fancy or homing pigeons within the limits of the city shall only be allowed if such pigeons are kept confined in an aviary and/or loft, which shall be subject to inspection by the city for compliance with requirements set forth in subsection B5 of this section, and, if such pigeons are only allowed outside for the purposes set forth in subsection B3 of this section.
      3.   Outside Flight Allowed: Fancy or homing pigeons may be permitted to fly outside the loft or aviary for the purpose of supervised exercise to achieve and maintain the muscular condition necessary for shows or races in which the pigeons participate with homing pigeons further being allowed to fly outside the loft or aviary when returning to the loft from a supervised race or training flight.
      4.   Outside Flight Regulations: No one may fly fancy or homing pigeons within the limits of the city except in accordance with the following regulations:
         a.   Fancy or homing pigeons shall not be released or exercised on any day in which prior to release or exercise the pigeons have been fed.
         b.   No more than twenty (20) fancy or homing pigeons shall be flown in any one day by any owner except that young pigeons in numbers greater than twenty (20) may be flown providing they do not fly outside the boundaries of the owner’s yard.
         c.   No fancy or homing pigeons shall be permitted by their owner to land, set, light, or gather on the property of another, be it public or private property.
         d.   All fancy or homing pigeons flown shall be banded with a brightly colored plastic or metal band with all pigeons flown together having the same color band.
         e.   The owner of any fancy or homing pigeons flown shall be responsible for maintaining a log book which shall be available and open for inspection by the city on the pigeons flown containing the following information:
         Pigeon band number
         Pigeon plastic band color
         Date and time out or released
         Date and time birds returned
         Type of domestic pigeon
      5.   Loft Requirements: No loft shall be allowed to be used to house or keep fancy or homing pigeons which does not meet the following requirements:
         a.   The complete exterior of the loft shall be painted and have a clean appearance. The exterior of the loft shall be disinfected at least two (2) times each year.
         b.   The exterior grounds surrounding the loft shall be maintained and have a clean appearance, free of papers, droppings, feathers, straw, boxes, and other nonusable materials.
         c.   The interior of the loft shall be maintained in a clean, sanitary, and wholesome manner at all times free from any filth, garbage, waste, nonusable articles, and/or other debris and shall be subject to periodic inspection by authorized city personnel.
         d.   A metal container with a metal cover shall be provided for each loft for the disposal of the above referenced garbage, waste, nonusable articles or other debris with the container to be regularly emptied and cleaned.
         e.   Any pigeon with a noncurable health condition shall be removed as soon as possible from the loft within a limited amount of time for study and research and/or treatment of pigeon’s condition.
         f.   Training baskets, breeding cages, medical treatment cages, and any like or similar cage or enclosure within the loft shall be cleaned no less than three (3) times a year with an acceptable chemical spray or compound to maintain such baskets, cages, or enclosure in a safe and sanitary condition.
         g.   No loft for housing or keeping fancy or homing pigeons shall be maintained or operated or be permitted to exist within a distance of twenty five feet (25') from any building or structure or any accessory building or accessory structure thereto used for residential, commercial, or public purposes.
         h.   No loft shall be located in any structure not constructed in accordance with the zoning and building codes of the city.
         i.   No loft shall be kept in a condition contrary to the health or nuisance codes of the city.
   D.   Keeping Of Wild Or Exotic Animals Prohibited:
      1.   Definitions: For the purposes of this section, the following words and phrases shall have the meanings respectively ascribed to them:
 
ANIMAL:
Shall include any live vertebrate creature, domestic or wild, not to include birds.
PET:
Any animal kept for pleasure rather than utility.
WILD OR EXOTIC ANIMAL:
Any live monkey (nonhuman primate), raccoon, skunk, wolf, squirrel, fox, leopard, panther, tiger, lion, lynx or any other warm blooded animal, poisonous snake or tarantula which can normally be found in the wild state or any other member of crocodilian, including, but not limited to, alligators, crocodiles, caimans, and gavials, and including such other animal that cannot be effectively inoculated for rabies. Ferrets, nonpoisonous snakes, rabbits, and laboratory rats which have been bred in captivity and which have never known the wild shall be excluded from this definition.
 
      2.   Display Or Exhibition: It shall be unlawful to keep within the city of Moorhead any wild or exotic animal for display or for exhibition purposes, whether gratuitously or for a fee. This section shall not be construed to apply to zoological parks, performing animal exhibitions, circuses, schools or colleges, or veterinary clinics, which are properly licensed by the federal government or state.
      3.   Keeping As A Pet: No person shall keep or permit to be kept any wild or exotic animal as a pet.
      4.   Notice Required At A Place Of Sale: Any person who offers for sale a “wild or exotic animal” as defined by subsection C1 of this section shall post conspicuously at the place of sale or display the following notice:
         No person may lawfully keep or permit to be kept in the City of Moorhead any live monkey (nonhuman primate), raccoon, skunk, wolf, squirrel, fox, leopard, panther, tiger, lion, lynx or any other warm-blooded animal, poisonous snake or tarantula, crocodile or alligator, which can normally be found in the wild state or any other member of the crocodilian, including, but not limited to, alligators, crocodiles, caimans and gavials and including such other animal that cannot be effectively inoculated for rabies.
      5.   Notice Of Keeping: Upon the written complaint of any person that a person owns or is keeping or harboring a wild or exotic animal in violation of this section in the city, the police department or their authorized designee shall forthwith cause the matter to be investigated; and if after investigation the facts indicate that such person named in the complaint is in fact the owner or is keeping or harboring any such animal in the city, they shall forthwith send written notice to the person requiring such person to safely remove the animal from the city within five (5) days of the date of the notice. Notice as herein provided shall not be required where such animal has previously caused serious physical harm or death to any person or has escaped and is at large, in which case the police department shall cause the animal to be immediately seized and impounded, according to the provisions of subsection C6 of this section, or killed if seizure and impoundment are not possible without risk or serious physical harm or death to any person.
      6.   Seizure And Impounding: The police department or their authorized designee shall forthwith cause to be seized and impounded any wild or exotic animal, where the person owning, keeping or harboring such animal has failed to comply with the notice sent pursuant to subsection C5 of this section. Upon a seizure and impoundment, the animal shall be delivered to a place of confinement, which may be with any organization which is authorized by law to accept, own, keep or harbor such animals.
      If, during the course of seizing and impounding any such animal, the animal poses a risk of serious physical harm or death to any person, such person or persons authorized by the police department may render the animal immobile by means of tranquilizers or other safe drugs; or if that is not safely possible, then the animal may be killed.
      7.   Enforcement: The provisions of this subsection C shall be enforced by the police department or the Minnesota department of natural resources, the animal damage control department of the United States department of agriculture, or any other person duly designated by the Moorhead chief of police.
      8.   Delayed Enforcement: Any person who has a wild or exotic animal in possession at the time of the effective date of this subsection C in contravention of this section, shall have thirty (30) days to dispose of the animal(s) by removal of the animal(s) from the city or by giving or selling the animal(s) to a zoological park or other entity exempt from this subsection C.
   E.   Prescribed Grazing and Keeping of Sheep: It is unlawful for any person to own, control, keep, maintain, or harbor sheep on any premise within the city unless that person has a permit to do so as provided in this chapter. A permit may be issued for the keeping or harboring of up to forty (40) sheep on any premise.
      1.   This chapter is a temporary pilot program and is primarily intended for the Harvest Hope Farm and shall take effect upon final passage and publication as required by law and expire on (December 31, 2026) unless otherwise approved by the Moorhead City Council. A maximum of ten (10) pilot permits will be approved for the pilot program. Property owners or organizations wishing to join the pilot program may do so by submitting a completed permit application.
      2.   Permit: A person shall not maintain a sheep grazing area unless granted a prescribed grazing permit by the city. The permit is subject to all terms and conditions of this chapter and any additional conditions deemed necessary by the city to protect public health, safety, and welfare.
         a.   Temporary Permit: For the purpose of the pilot program, the initial permit will automatically expire on (December 31, 2026) unless the permit is revoked for not meeting permit or ordinance provisions. If the pilot program is extended or made permanent, permits will be reviewed and issued subject to conditions approved at that time.
         b.   Permit requirements: An application for a permit includes a complete application with a scaled diagram that indicates the location, address, and approximate size of the prescribed grazing area and proper enclosures - including paddocks, proposed grazing rotation schedule (if applicable), approximate size and distance of any structures or shelters to be used during the approved permit period, adjoining structures and property lines, the number of sheep to be maintained at the premises, waste/manure removal plan, full name, address, and 24-hour contact telephone number of the person who owns the sheep to be used for prescribed grazing, the length of time requested, type(s) of fencing to be installed for the required enclosure, date the temporary fence will be installed, and a signed statement that the applicant will, at all times, keep the sheep in accordance with this chapter and comply with all the conditions within the application and permit.
      Failure to comply with said conditions, or modification thereof, will constitute a violation of the provisions of this chapter and are grounds for revocation of the permit by the City with thirty (30) days written notice to the Permittee. Breeding and slaughtering of sheep on any premises within the city is prohibited.
         c.    The keeping of sheep shall only occur on parcels, or a combination of contiguous parcels of one (1) acre or more.
      3.   Conditions of permit: A permit granted under this section shall be subject to the following conditions:
         a.   Duration of Pilot Program: The permit for the pilot program will automatically expire (December 31, 2026) unless the permit is revoked or the permit is extended by the City Council.
         b.   Duration of Grazing: Prescribed grazing on any property or parcel less than two (2) acres in size shall be limited to a maximum of 30 consecutive days with a minimum of thirty (30) consecutive days between the next grazing event. Any property or parcel greater than two (2) acres may extend the duration of grazing beyond the thirty (30) day period with approval of the Zoning Administrator and an approved grazing rotation schedule.
         c.   Number of Sheep Allowed: One (1) sheep per two thousand five hundred (2,500) square feet of grazable land up to a maximum of forty (40) sheep.
         d.   Type of Fencing: A fence system shall be implemented where the fence shall be constructed of durable materials capable of holding sheep which may include electrified fencing. For the purpose of this pilot program, electrified fences shall be permitted within zoning districts with a prescribed grazing permit. Fencing shall follow all requirements specified in section 10-19-5. Fencing must be maintained in good condition and not result in hazardous conditions to the public. Fencing shall be setback a minimum of fifty feet (50') from centerline of a roadway and fifty feet (50') from a property line with a housing structure.
         e.   Required Signage: One (1) sign not to exceed sixteen (16) square feet posted near the entrance with the permit number, date issued, and 24-hour contact phone number. A sign warning of an electric fence must be posted at least every fifty (50) feet and shall not exceed four (4) square feet.
         f.   Land Management: Grazing areas must be monitored to prevent overgrazing, erosion, and damage to natural resources.
         g.   Food and Water: Food and water shall be supplied in quantities in order to sustain the flock of sheep for the duration of the permit.
            (1)   A minimum of one (1) water tank/trough with enough water capacity to sustain the flock of sheep intended for the permit shall be provided on the grazing site to ensure adequate hydration for the sheep for the duration of the permit. Water tanks/troughs should be filled daily, or as necessary, and cleaned weekly to prevent odor and pests. Parcels which have access to naturally occurring bodies of water may be able to waive this requirement as approved by the Zoning Administrator.
            (2)   Food shall be supplied to supplement the prescribed grazing if the vegetation on the property is not enough. Supplemental food shall be stored inside of a building and shall be stored in metal predator proof containers.
         h.   Screening and Removal of Trash, Waste, and Manure: Trash and waste must be removed frequently to prevent nuisances, public health, or sanitation issues as provided in section 3-3. Any trash storage areas are not permitted to be visible from the street or adjoining or adjacent properties. Any feed for the prescribed grazing sheep must be securely stored and hidden so as not to be seen from the street or adjoining or adjacent properties. A waste removal plan for manure must be submitted with the application detailing how manure will be removed if necessary or if complaints are received. Parcels or a contiguous lot area of less than two acres must remove manure from the property bi-monthly and no more than fifteen (15) days in between removal in order to control odor and prevent unsanitary conditions. Lots or contiguous parcels which are greater than two (2) acres do not need to remove manure bi-monthly if conditions do not create an odor, unsanitary conditions, or other nuisance conditions and no complaints have been received.
         i.   Structures: No structures shall be erected on any property without a primary structure and without first obtaining all necessary permits and meeting setback requirements and shall meet requirements provided within 10-18-3 and 10-19-8.
         j.   Other Permits Required: No permit for prescribed grazing shall be granted without obtaining permits or permissions from any other necessary boards, governmental agencies and/or departments within the City.
         k.   Health: Grazing animals must receive proper veterinary treatment and regular deworming. In the event that a sheep becomes ill, injured, or perishes, the permittee must provide immediate on-site care and remove the sheep until it is no longer ill or injured.
         l.   Definitions:
 
GRAZING AREA:
A specified area of property where sheep grazing will occur.
PRESCRIBED GRAZING:
The use of sheep as a landscape management technique to control the growth of native prairie grasses or undesirable vegetation, including noxious weeds and invasive plant or trees at a specific location of a defined length of time. For the purpose of this definition, sheep used for prescriptive grazing are not considered pets or farm animals.
PROPER ENCLOSURES:
A four (4) foot fence made of durable materials capable of holding sheep, which includes electrified fencing.
SHEEP:
Female ewe, male ram, or a lamb. (Ord. 2005-1, 2-22-2005; amd. Ord. 2008-23, 11-24-2008; Ord. 2021-13, 10-12-2021; Ord. 2023-05, 4-10-2023; Ord. 2024-07, 8-12-2024)
 
3-7-11: LAW ENFORCEMENT DOGS AND ANIMALS:
   A.   Any person who assaults, hinders, harasses, teases, tortures, poisons, throws, shoots missiles at or harms any animal, dog or K-9 owned by or used by any local, county, state, or federal government body is guilty of a misdemeanor. It is not necessary that the animal be on duty at the time the action is taken, nor is it necessary that the person responsible for the action know that the animal is owned or used by a governmental entity in order for that person to be found guilty of a violation of this section. A violation of this section shall be punishable by imprisonment of not more than ninety (90) days and/or a fine of not more than seven hundred dollars ($700.00) and such restitution to the owner of the animal for harm caused as the court may order.
   B.   Any animal, police dog or K-9 used for law enforcement purposes, owned or used by any local, county, state or federal government body shall be exempt from any local laws pertaining to dogs, pets or animals within the city limits so long as the animals' vaccinations are kept up to date. (Ord. 2005-1, 2-22-2005)
3-7-12: PENALTIES:
Any person violating any provision of this chapter may be charged with a criminal offense, and if convicted be penalized in accordance with the provisions of section 1-4-2 of this code, or alternatively may be charged with an administrative violation pursuant to section 1-4-4 of this code. (Ord. 2005-1, 2-22-2005)
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