A. Location Restrictions:
1. Dogs, Rabbits, Miniature Horses, Miniature Donkeys, Pedigreed Pigeons: No dog pen, rabbit hutch (housing not more than 5 rabbits), pigeon coop, miniature horse pen or miniature donkey pen shall be maintained closer than thirty feet (30') to any dwelling, apartment, hotel, motel, school, church, grocery store, or food services establishment, other than that occupied by the owner or occupant of the premises on which said animals are kept. The term "pigeon" referenced in this subsection shall only mean those birds whose breed is recognized by a national pigeon raiser's association. Likewise, the terms "miniature horse" or "miniature donkey" shall only mean those animals of that kind whose confirmation is such that the animal is or would be capable of being recognized as a miniature under the standards of a national miniature horse or miniature donkey raiser's association. It is presumed, but rebuttable by an owner or keeper, that all pigeons, donkeys and horses are not of a type which come under the classification established by this subsection.
2. Fowl And Livestock: No person shall keep, or permit to be kept, any fowl, including, but not limited to, chickens, turkeys, pigeons, ducks, and geese; or any livestock, including, but not limited to, cattle, horses, sheep, goats, donkeys and llamas, within one hundred feet (100') of any dwelling, apartment, hotel, motel, school, church, grocery store, or food services establishment, other than that occupied by the owner or occupant of the premises on which said animals are kept, or unless the animals are kept on a contiguous tract of land of at least three (3) acres in size.
3. Nothing herein shall relieve the owner or keeper of any animals from their duty to maintain the animals and their enclosures in a clean and sanitary condition as per subsection C of this section. Violation thereof by the owner or keeper of animals authorized pursuant to subsections A1 and A2 of this section, shall constitute a nuisance which the municipal court shall order abated by removal of the offending animals from the location where they are kept.
B. Prohibited Animals:
1. Certain Animals Prohibited: No person shall keep, or permit to be kept, any swine, hogs, shoats or pigs within the city limits, provided that such prohibition shall not apply to established A agriculture zoning districts or farm acreages used as such but not otherwise zoned. However, even in A agriculture zoning districts, the provisions of subsection A2 of this section shall apply.
2. Exceptions: The immediately above subsection shall not apply to the keeping within the city of no more than two (2) Asian pot bellied swine or similar swine, subject to the following:
a. Each pot bellied swine shall be a pet, to be kept for personal enjoyment rather than raised for human consumption.
b. No pot bellied pig shall exceed seventy five (75) pounds in weight or twenty inches (20") in height.
c. The location requirements of subsection A1 of this section shall apply.
C. Sanitary Maintenance Of Enclosures:
1. Every stable, dog pen, kennel, building, domestic poultry coop, rabbit warren, pigeon coop, or other enclosure where any horse, cow, goat, sheep or other animal is kept within the city shall be constructed of such material and in such a manner that it can be kept in a clean and sanitary condition and not constitute a nuisance by smell or otherwise nor endanger the public health or the health of nearby residents.
2. The droppings from such animal or animals shall be frequently removed from such enclosure and stored in waterproof and flytight receptacle until disposed of in the city sanitary landfill or buried twenty four inches (24") deep. No droppings shall be allowed to accumulate on such premises except in such receptacle.
D. Wild Animals: It shall be unlawful for any person to keep any wild and dangerous animal within the city limits; provided, however, that wild animals may be kept for exhibition purposes by circuses, zoos and educational institutions.
E. Violation: Violation of any of the provisions hereof shall be an offense and subject to the penalty as provided in section 1-4-1 of this code and/or to abatement of the nuisance. (Ord. 5997, 3-12-2004)
Notes
| 1 | 1. See section 43 of the city charter. |