(A) No person may keep within the town any wild animal as defined in § 90.001.
(B) No person may keep within the town any permissible livestock over four months of age except in accordance with a permit issued pursuant to division (C) below.
(C) Subject to divisions (D) and (E) below, no permit may be issued for any livestock unless the applicant for the permit demonstrates that the livestock will be kept on a tract of land that satisfies each of the following conditions.
(1) The tract shall consist of at least 40,000 square feet of land under single ownership or control.
(2) There shall be at least 20,000 square feet of land per animal.
(3) No fence, corral, or similar enclosure shall be erected or maintained within 15 feet of any property line.
(4) No barn, stable, or similar structure used for the keeping of livestock other than rabbits or fowl shall be erected or maintained within 50 feet of any property line or street right-of-way.
(5) No barn, cage, pen, or similar structure used for the keeping of rabbits for fowl shall be erected or maintained within 15 feet of any property line or street right-of-way line.
(D) The provisions of divisions (C)(3), (C)(4), and (C)(5) above shall not preclude the establishment, with the consent of the affected adjoining property owners, of a commonly owned or used fence, barn, or other enclosure, all or part of which is located along or near a common property line.
(E) The provisions set forth above in divisions (C)(1) and (C)(2) above shall not apply to rabbits and fowl. However, no permit may be issued for rabbits or fowl unless the provisions of divisions (C)(3) and (C)(4) above are complied with and unless the permit applicant demonstrates compliance with the following conditions.
(1) The tract where such livestock are kept shall consist of at least 10,000 square feet.
(2) Such livestock may be kept only on a lot used for residential purposes. Such livestock may not be kept for commercial purposes.
(3) No more than five hens or other female fowl are permitted. No roosters or other male fowl are permitted.
(4) All fowl must be kept in an enclosed yard or pen with direct access to a shelter or coop with a roost. Both the pen and shelter must meet the setback of division (C)(3) above.
(5) It is the property owner’s responsibility to confirm that the structure either complies with or is exempt from the State Building Code.
(6) (a) All structures/coops shall be constructed of opaque building materials and have four solid walls and a roof made of an impervious roofing material.
(b) All structures/coops shall be painted, stained, made of an impervious material or treated to withstand the elements.
(c) Coops may be sized to accommodate up to five birds.
(7) No rabbits or fowl may be slaughtered in the town limits for either consumption, sale, or barter.
(F) After compliance with division (G) below, the Administrator shall issue the permit required by this section unless he, she, or they finds that.
(1) The applicant has failed to comply with division (C) above.
(2) The animal for which the permit is requested poses a substantial danger of harm to any person, animal, or property.
(3) The animal for which the permit is requested is likely to or does interfere with the use and enjoyment or neighboring properties because of offensive noise or odor or for other reasons.
(4) The animal for which the license is requested constitutes a threat to the public health or safety.
(G) (1) Before issuing a permit under this section, the Administrator shall notify the applicant and the applicant’s immediate neighbors by any convenient means of a date and time when they may be heard on the question of whether a permit should be issued.
(2) After the hearing, the Administrator shall set forth in writing his, her, or their reasons for the issuance or denial of the permit and shall furnish a copy thereof to any person requesting the same.
(Prior Code, § 3-5)
Cross-reference:
Horse farms, see § 152.247