(a) Definitions.
(1) Animal: Any mammal, reptile, amphibian, fish, bird (including any and all fowl and poultry), or other member commonly accepted as a part of the animal kingdom. Animals shall be classified as follows:
A. Domestic Animal: Those animals commonly accepted as domesticated household pets. Unless otherwise defined, domestic animals shall include dogs, cats, caged birds, gerbils, hamsters, guinea pigs, domesticated rabbits, fish, non-poisonous, non-venomous and non-constricting reptiles or amphibians and other similar animals.
(Ord. 2007-66. Passed 9-10-07.)
B. Farm Animals: Those animals commonly associated with a farm or performing work in an agricultural setting. Unless otherwise defined, farm animals shall include members of the equestrian family (horses, mules), bovine family (cows, bulls), sheep, poultry, (chickens, roosters, turkeys), fowl (ducks, geese), swine (including Vietnamese pot belly pigs), goats, and other animals associated with a farm, ranch or stable.
(Ord. 2021-39. Passed 6-28-21.)
C. Non-Domestic Animals: Those animals commonly considered to be naturally wild and not naturally trained or domesticated or which are commonly considered to be inherently dangerous to the health, safety and welfare of the municipality, unless otherwise defined, non-domestic animals shall include:
1. Any member of the large cat family (family felidae), including lions, tigers, cougars, bobcats, leopards, and jaguars, but excluding commonly accepted domesticated housecats.
2. Any naturally wild member of the canine family (family canidae) including wolves, foxes, coyotes, dingoes, and jackals, but excluding commonly accepted domestic dogs.
3. Any crossbreeds such as the crossbreed between a wolf and a dog, unless the crossbreed is commonly accepted as a domesticated house pet.
4. Any member of the rodent family including any skunks (whether or not de-scented), raccoon, squirrel, ferret, but excluding those members otherwise defined or commonly accepted as domesticated pets.
5. Any poisonous, venomous, constricting or inherently dangerous member of the reptile or amphibian families including rattlesnakes, boa constrictors, pit vipers, crocodiles and alligators.
6. Any other animal which is not explicitly listed above but which can be reasonably included by the terms of this section, including but not limited to bears, deer, monkeys and game fish.
(b) Non-Domestic Animals. It shall be illegal for any person to own, possess, harbor or offer for sale, any non-domestic animal within the City. Any owner of a non-domestic animal at the time of adoption of this section shall have 30 days in which to remove the animal from the City after which time the City may impound the animal as provided for in this section. An exception shall be made to this prohibition for animals specifically trained for and actually providing assistance to the handicapped or disabled, and for those animals brought into the City as a part of an operating zoo, veterinarian clinic, scientific research laboratory, or a licensed show or exhibition.
(c) Farm Animals. Farm animals shall only be kept in an agricultural district of the City. An exception shall be made to this section for those animals brought into the City as part of an operating zoo, veterinarian clinic, scientific research laboratory, a licensed show or exhibition, or as a 4-H project. Also an exception may be granted to property owners residing in Portsmouth that currently have farm animals prior to July 1, 2007. Any property owner meeting the guidelines listed above shall notify the Portsmouth City Health Department within 30 days from adoption of this section and apply for a permit for each animal on a form prescribed by the Health Department. The permit will require the property owner to pay a nonrefundable fee of twenty-five dollars ($25.00) to cover the administrative and inspection expenses. The permit fee may be waived for 4-H projects. The Portsmouth City Health Department will base their approval for the permit on conditions deemed favorable to the animal welfare or which do not cause inconvenience, discomfort, noise, or depreciating the enjoyment and use of the property in the immediate vicinity, or other conditions affecting the health, safety and welfare of the public as determined by the health official. If the Portsmouth City Health Department inspection is favorable, a public hearing will be held to provide the opportunity for public approval. If approval is not challenged the property owner will receive a permit for the existing animals for a period of one (1) year. The Portsmouth City Health Department will have the right to revoke this permit at any time. The property owner will be required to procure a permit and inspection annually hereafter until which time the animal is no longer located at the permitted site.
(d) No person shall keep or harbor any farm animal, domestic or non-domestic animal in the Municipality so as to create noxious, or offensive odors, or unsanitary conditions which are a menace to the health, comfort, or safety of the public.
(e) Whoever violates this section is guilty of a minor misdemeanor.
(Ord. 2007-66. Passed 9-10-07.)