Notwithstanding any other provision of the town code, and as provided in this section, the keeping of horses and ponies within the town is permitted under the following conditions and with the following limitations:
(A) The keeping of horses and/or ponies is permitted only as a conditional use for a single family detached house in a residential zoning district (R-10) with a minimum lot size of 5 acres. No mules or donkeys shall be permitted within the town limits.
(B) No more than 1 horse or pony per 2 acres of pastured land may be kept or maintained on a single premises. Horse(s) and ponies must be occupant owned. This section is effective March 17, 2015. Any property owner owning or harboring more than 1 horse or pony per 2 acres of pastured land as of the effective date must register his or her horse or pony within 45 days of the effective date to be considered exempt from this limitation.
(C) No person shall allow horse(s) or ponies to roam free for any reason. Horses and/or ponies must be kept in fenced in areas/corrals located in the rear yard and containing at least 1,200 square feet of area per horse or pony kept therein. Horses and/or ponies found at large shall be impounded.
(D) Space and/or shelter shall be provided where horses and/or ponies are kept or fed and shall be permitted through Newberry County Zoning Department based on Prosperity Zoning Ordinance setbacks to determine placement from property lines and roads/streets. A barn will be considered as an accessory structure. Barns must be located in the rear yard and permitted based on the Town of Prosperity zoning ordinance for the property zone.
(E) The town provides specific regulations regarding the keeping of animals: health nuisances due to a presence of flies, odors, dust or accumulation of manure are prohibited. Manure is to be removed at least twice each week. A premises upon which a horse is kept is expressly required to be sanitary and is subject to inspection. Pastures/corrals must have fencing to prevent horses from leaving the pastured area.
(F) Horses and/or ponies shall not be kept or used for commercial purposes.
(G) Inspection of the property and barn by a Town Police Officer is required prior to a permit being issued.
(H) A permit to keep horses and/or ponies on designated property is required. Permits shall be issued by Town Administration. The permit cost is $100 (one time cost). A permit may be revoked by the Police Chief or his/her designee upon the second conviction in municipal court in a permit year for a violation of this section on the permitted property. A permit may be denied on the ground that a previous permit for the applicant or for a related or affiliated person residing on the property has been revoked. A person whose permit is revoked or denied may appeal to the Town Administrator whose decision, after notice and hearing, shall constitute the final administrative action of the city.
(I) Town Police Officers may conduct inspection of all permitted properties at any time.
(J) Notwithstanding any other provision of the Town Code, the penalty for a first conviction in municipal court for a violation of this section shall be a fine of $50. The penalty for all subsequent convictions in municipal court for violations of this section shall be a fine of $100 per violation.
(Ord. passed 3-17-2015)