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(A) Policy. The City Council has found and determined that the keeping of large numbers of dogs on a single premises is subject to abuse, and may cause discomfort to persons because of smell, noise, hazards and aesthetic depreciation.
(B) Prohibition. The keeping of three or more than three dogs on a residentially zoned lot of one-half acre or less is prohibited. The keeping of five or more dogs on a residentially zoned lot of more than one-half acres is prohibited. At least two of the five dogs must be neutered or spayed.
(C) Exception. This section does not apply to properly zoned commercial pet and animal stores; to veterinarians providing medical care; to keeping a newly born litter of pups for a period of 90 days or if a person receives no more than one dog from a recognized animal humane or animal rescue society that has been rescued from abandonment or an abusive situation, City Hall is notified prior to receipt of the dog and is provided information as to where the dog came from, and the city is allowed to monitor the progress of the dog. The person rescuing the dog is responsible for the care and expenses of the dog until such time as the dog, in the opinion of the animal humane or rescue society, determines that the dog can be adopted.
(Prior Code, § 911.11) (Ord. 00-04, passed 12-1-2000; Ord. 2004-06, passed 10-20-2004; Ord. 2008-03, passed 4-2-2008) Penalty, see § 90.99
(A) Habitual barking. It is unlawful to keep or harbor a dog that habitually barks or cries. HABITUAL BARKING means barking for an interval of at least five minutes with less than one minute of interruption. The barking must also be audible off of the owner or caretaker’s premises. Similar habitual noises by other animals such as cats are also unlawful.
(B) Damage to property. It shall be unlawful for any person's dog or other animal to damage any lawn, garden or other property, whether or not the owner has knowledge of the damage.
(C) Cleaning up litter. The owner of any animal or person having the custody or control of any animal shall be responsible for cleaning up any feces of the animal and disposing of the feces in a sanitary manner whether on their own property, on the property of others or on public property.
(D) Other. An animal kept contrary to this chapter is subject to impoundment.
(Prior Code, § 911.13) (Ord. 00-04, passed 12-1-2000; Ord. 2008-16, passed 11-19-2008) Penalty, see § 90.99
(A) The keeping of chickens is allowed with no limitations and without a permit in the Suburban Residential District of the city, or on a residential lot of at least ten acres in size. The keeping of chickens is otherwise prohibited in the following districts: Historic Downtown District, Highway Fixed Use District, Industrial District, Professional/Light Industrial Business Park District, Prospective Interchange Development Public Recreation Open Spaces District.
(B) The keeping of chickens in the Traditional is allowed with the following limitations.
(1) No more than five hens shall be housed or kept on any one residential lot.
(2) Roosters are prohibited.
(3) Slaughtering of chickens on the property is prohibited.
(4) A separate coop is required to house the chickens.
(5) Chickens must be secured in a chicken coop from sunset to sunrise each day.
(6) Coops must be constructed and maintained to meet the following minimum standards:
(a) Located in the rear or side yard;
(b) Setback at least ten feet from the rear or side property lines or from the alley;
(c) Interior floor space: four square feet per bird;
(d) Interior height: four feet minimum, seven feet maximum, to allow access for cleaning and maintenance;
(e) Doors: one door to allow humans to access the coop and one door for birds (if above ground level, must also provide a stable ramp);
(f) The roofed structure shall be fully enclosed, wind-proof, have one square foot of window to 15 square feet of floor space and have a heat source to maintain an adequate temperature during extreme cold conditions;
(g) Nest boxes: one box per every three hens;
(h) Roosts: one and one-half inch diameter or greater, located 18 inches from the wall and two to three inches above the floor;
(i) Coops must be elevated a minimum of 12 inches and no more than 24 inches above grade to ensure circulation beneath the coop;
(j) Rodent-proof coop construction and materials must be adequate to prevent access by rodents and raccoons;
(k) No coop shall be constructed on any lot prior to the time of construction of the principal structure;
(l) Coops must be screened from view with a solid fence or landscaped buffer with a minimum height of four feet;
(m) If the coop is over 200 square feet in size, a building permit is required; and
(n) If electricity will be installed in the coop, an electrical permit is required.
(7) A run or exercise yard is required. Runs must be constructed and maintained to meet the following minimum standards:
(a) Located in the rear or side yard;
(b) Size: ten square feet per bird if access to a fenced exercise yard is available; 20 square feet per bird if access to an exercise yard is not available. If the coop is elevated two feet so the hens can access the space beneath, that area may count as a portion of the minimum run footprint;
(c) Height: six feet in height to allow access for cleaning and maintenance;
(d) Gate: one gate to allow human access to the run;
(e) Cover: adequate to keep hens in and predators out;
(f) Substrate: composed of material that can be easily raked or regularly replaced to reduce odor and flies;
(g) Setback at least ten feet from the rear or side property lines or from the alley; and
(h) Exercise yards are required if the run does not provide at least ten square feet per bird. They shall be set back ten feet from rear and side property lines or from the alley.
(8) Chickens must not be housed in a residential house or an attached or detached garage, except for brooding purposes only.
(9) All premises on which chickens are kept or maintained shall be kept clean from filth, garbage and any substances which attract rodents. The coop and its surroundings must be cleaned frequently enough to control odor. Manure shall not be allowed to accumulate in a way that causes an unsanitary condition or causes odors detectible from another property. Failure to comply with these conditions may result in the city removing chickens from the premises.
(10) All grain and food stored for the use of the chickens shall be kept in a rodent-proof container.
(11) Chickens shall not be kept in a manner as to constitute a nuisance to the occupants of adjacent property.
(C) Any chicken coop and chicken run authorized under this chapter may be inspected at any reasonable time by the city. Factors to be considered in deciding whether the keeping of chickens creates a public or private nuisance include, but are not limited to, the following:
(1) The condition of any structure or building wherein any chicken is kept;
(2) The proximity of pens, fences and other structures to adjacent property lines;
(3) The general nature and characteristics of the neighborhood;
(4) The number of chickens kept on any one parcel;
(5) The relative size of the parcel on which the chickens are kept;
(6) The type of chickens being kept;
(7) The extent to which neighboring property is protected from the effects of chickens (e.g., solid fences, landscape screening, buffer areas and the like);
(8) The presence of objectionable odors and/or noise; and
(9) The relative danger the chicken would pose if exposed to the general public.
(D) Application shall be made to the city along with a fee according to § 36.02 of this code of ordinances. Letters of support from adjacent property owners shall be included with the application. If the applicant rents the property where the chickens will be kept, a letter of support is required from the property owner. Upon receipt of the application and fee, a permit shall be issued.
(E) (1) Violations of this section make the permit subject to revocation. Any chicken kept in violation of this section may be impounded by the city, and after being so impounded for five days or more without being reclaimed by the owner may be destroyed or sold.
(2) Any person reclaiming the impounded chicken shall pay the costs of impounding and boarding the bird at the time of its release. The owner may also be proceeded against for violation of this chapter, and his or her permit may be revoked. Any person who violates any provision of this code shall be guilty of a misdemeanor as defined by state law and subject to the penalties thereof.
(Prior Code, § 911.14) (Ord. 20180117-05, passed 1-17-2018) Penalty, see § 90.99
A police officer or the Animal Control Officer may enter upon private property and seize any animal; provided that, the following exist:
(A) There is an identified complaint other than the police officer or Animal Control Officer making a contemporaneous complaint about the animal;
(B) The officer reasonably believes that the animal meets either the barking dog criteria; the criteria for cruelty; or the criteria for an at large animal;
(C) The officer can demonstrate that there has been at least one previous complaint of a barking dog; inhumane treatment of the animal; or that the animal was at large on a prior date;
(D) The officer has made a reasonable attempt to contact the owner of the property and those attempts have either failed or have been ignored;
(E) The seizure will not involve the forced entry into a private residence. Use of a pass key obtained from a property manager, landlord, innkeeper or other authorized person to have the key is not an unauthorized entry;
(F) No other less intrusive means is available to stop either the barking dog, the inhumane treatment of the animal or the at large animal; and
(G) Written notice of the seizure is left in a conspicuous place if personal contact with the owner of the dog is not possible.
(Prior Code, § 911.15) (Ord. 00-04, passed 12-1-2000; Ord. 2008-16, passed 11-19-2008)
If, in the reasonable belief of any person, the Animal Control Officer or police officer, an animal presents an immediate danger to the safety of any person or the animal is threatening imminent harm or is in the process of attacking any person, the officer may, as a last resort, destroy the animal in a proper manner. If the animal is destroyed by the officer, a charge for disposal of the animal shall be paid by the owner of the animal.
(Prior Code, § 911.17) (Ord. 00-04, passed 12-1-2000; Ord. 2008-16, passed 11-19-2008)
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