(A) It shall be unlawful for any person to keep or maintain or suffer to be kept or maintained any livestock upon any property or premises in the corporate limits of the town.
(B) For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
KEEPING LIVESTOCK or MAINTAINING LIVESTOCK. The keeping or harboring of any such animals defined in the definition of LIVESTOCK below, upon any one lot or unit of real estate.
LIVESTOCK. Domestic or other animals, including, but not limited to, cows, horses, donkeys, mules, pips, goats, sheep, geese, ducks, turkeys, rats, ponies, monkeys; provided further, that the term LIVESTOCK shall not include dogs and cats.
(C) It shall be a defense to any person charged with the violation of division (A) above that the property or premises within the corporate limits of the town upon which said person or persons are charged with maintaining or suffering to be kept or maintained any such animal, is zoned agricultural by the County Area Plan Commission.
(D) (1) No person shall permit any dog, dogs, cat or cats owned, harbored or kept by such person to be at large within the town.
(2) For the purpose of this division (D), the following definitions shall apply unless the context clearly indicates or requires a different meaning.
AT LARGE. Not securely confined by a fence or other means on premises under the control of or occupied by the owner of the animal and not under the control of the owner, a member of his or her immediate family 12 years of age or older or an agent of the owner, by leash or otherwise.
OWNER. Any person, firm or corporation owning, harboring or keeping any animal. The occupant of any premises on which a domesticated or tamed animal remains or to which it customarily returns for a period of ten days or more, is deemed to be harboring, maintaining or keeping the animal.
(E) This section shall neither limit or otherwise curtail the right of said town or any private person from maintaining an action for legal or equitable relief against a public or private nuisance within the terms of this section.
(Ord. 1982-5, passed 11-15-1982; Ord. 2010-62, passed 6-14-2010) Penalty, see § 174.99