A. Livestock and Fowl: It shall be unlawful for any citizen, property owner, or any person or persons residing or situated in the Town, at any time, to board, harbor or keep any species of livestock or fowl within the corporate limits of the Town, subject to the provisions of this Section.
B. Definitions:
FOWL: Including, but not limited to: chickens, geese, ducks, turkeys, pheasant, quail and the offspring thereof.
LIVESTOCK: Including, but limited to: horses, mules, donkeys, burros, cattle, sheep, goats and the offspring thereof.
C. Exceptions: Livestock as defined herein, will be allowed on parcels of land one acre or more in size. Rabbits and/or fowl, other than roosters, may be kept on parcels of any size; provided, that the keeping of said livestock, rabbits and/or fowl does not create any of the following:
1. An unsightly, distasteful, or aesthetically unpleasing setting as defined by the normal sensibilities of the residents of the Town.
2. An unhealthy, odorous, insect or vermin producing setting, so as to threaten the health, welfare and enjoyment of property by other residents of the Town.
3. The numbers of livestock, rabbits and/or fowl located on the parcels shall not exceed, in number, limits set by the Town deemed to be reasonable for the size of the parcel in question. Said limits shall be determined after considering all relevant factors, on a case-by-case basis.
4. A provision is provided to allow citizens to file a complaint with the Board of Trustees, if any particular animal or fowl is a nuisance through noise.
D. Removal of Livestock: Those citizens, property owners, and other persons residing or situated within the Town limits not meeting the exception requirements set forth in subsection C above, and possessing livestock, shall upon the effective date of the adopting ordinance of this Code be required to remove said livestock from their premises.
E. Exotic or Wild Animals: It shall be unlawful for any person to own, keep, maintain, possess, harbor, sell or in any manner deal or traffic within the Town, any living exotic, wild, dangerous or unusual animals, whether domesticated or tamed, including, but not necessarily limited to, the following: bats of any species, felines, other than ordinary domesticated house cats; gorillas, chimpanzees, orangutans, baboons, or any other infra-human primates; any member of the Mustelidae family, including but not limited to, fishers, ferrets, martens, minks, otters, porcupines, raccoons, skunks, weasels and wolverines; poisonous reptiles; wolves, foxes, coyotes or other species of canines other than dogs; any animal or bird which has received State or Federal government designation as an endangered species; any other terrestrial predator or other animal determined to be a public nuisance pursuant to the provisions, procedures and means of abatement therefor established by the ordinances of the Town; provided, however, owners of any of the above defined may apply to the Town for an annual permit to possess and harbor such animal subject to review by the Board of Trustees, licensing procedure as herein provided for dogs and compliance with the provisions of this Chapter and all other ordinances of the Town.
F. Permit Application and Fees: An application and an application fee is required for all exotic or wild animals, as defined in subsection E above. The fee is five dollars ($5.00). This fee is nonrefundable regardless of approval or denial of application. The annual permit fee for each exotic or wild animal is not to be confused with the application fee. The annual permit fee is to be determined by the Board of Trustees upon an approval of the application of said exotic or wild animal. The annual permit fee is to be no less than twenty five dollars ($25.00) and no more than three hundred dollars ($300.00).
G. Animals Kept on Premises; Sanitary Requirements: All fecal waste shall be removed as necessary from premises and placed in closed fly-tight containers. The contents of said containers shall be removed from the Town as necessary to prevent such contents from becoming a nuisance. Owners must remove said waste within ten (10) days of its creation at the latest.
H. Animals at Large: It shall be unlawful for any party or parties owning or handling cattle, horses, mules, sheep, goats, swine (or other livestock), chickens, turkeys, ducks, geese, pheasant, and quail (or other fowl) to allow the same to run at large within the corporate limits of the Town.
Any person or persons violating this section shall be deemed to be guilty of a misdemeanor and subject to a fine as provided in section 1-4-1 of this code. Further, said person or persons may be assessed the costs of transporting, keeping, or impounding said livestock and/or fowl, and the expenses incurred by the town in obtaining appropriate orders and/or injunctions, as needed. (1990 Code)