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(A) Prohibited. It shall be illegal to own, board, keep or maintain one or more of the following animals within the legal boundaries of the city:
(1) Cattle, including cows, bulls, steers, and calves;
(2) Horses, including mares, stallions, geldings, and ponies;
(4) Donkeys or burros;
(5) Sheep or lambs;
(7) Rabbits for the purpose of commercial sale for their meat or pelts;
(8) Swine, including pigs, hogs, boars, sows, or piglets; or
(9) Any other animal kept, owned, maintained, or raised for the commercial purpose of selling it for meat, pelts, or other product.
(1) Procedure for issuance. Exemptions to these provisions may be issued by the Board of Public Works and Safety.
(a) Persons wishing such exemptions must submit to the Board a written application setting forth the reason such exemption should be issued.
(b) Upon receipt of such an application, the Board shall advise the applicant of the date the application will be heard.
(c) The applicant must then notify all adjacent owners of the requested exemption and the date of hearing by certified mail, return receipt requested, no less than ten days prior to the date of the hearing. Adjacent property owners would include those living across from the applicant's property, where there are alleys, streets or public rights-of-way.
(d) At the hearing, the applicant must provide the Board with proof of mailing of the notice of hearing and receipt of same by those affected, and present evidence to establish that the exemption is mandated for medical, health or religious reasons.
(e) The Board of Public Works and Safety is authorized in its issuance of the exemption to stipulate the conditions under which the animals may be kept, and the length of time such exemption would be applicable.
(2) Factors to be considered for issuance. Factors to be considered by the Board in determining whether or not an exemption should be issued include, but are not limited to, the following:
(a) The size of the applicant's lot;
(b) The nature of the neighborhood and surrounding zoning;
(c) The physical conditions and standard of care given the animals by the applicant;
(d) Report from the Humane Society and the Building Inspector's Office;
(e) The wishes and concerns of those living in the general vicinity of the applicant; and
(f) The boarding of such animals by the applicant on a regular basis prior to the passage of this section.
(3) Exemption based on prior exemption.
(a) Persons providing the Board of Public Works with proof by way of affidavit, oral testimony, or other credible evidence that they owned and boarded exempt animals on their real estate prior to the passage of this section shall be granted an exemption for the life of the offending animals.
(b) However, the hearing and notification process set forth above must be followed in such situations so that surrounding property owners may have the opportunity to submit opposing positions.
(Ord. 3195, passed 7-6-99; Am. Ord. 3503, passed 3-5-07; Am. Ord. 3766, passed 4-3-17) Penalty, see § 90.999