(A) Permit required; exception.
(1) It shall be unlawful for any person to keep, maintain, pasture, stable, corral, or house within the town any animal, excluding dogs, cats, and fish, without first obtaining a permit therefor. Upon the action of the Town Council for special events and youth programs, the requirements for permits may be waived. Dogs shall be licensed pursuant to §§ 6-3A-1 through 6-3A-11.
(2) It shall be unlawful for any person to keep, maintain, pasture, stable, corral, or house, or construct any structure to be used for keeping, maintaining, stabling, corralling, or housing, any animal, excluding dogs, cats, and fish, within one-half mile beyond the corporate limits of the town without first obtaining a permit therefor.
(3) Structures to be used for keeping, maintaining, stabling, corralling, or housing such animals, excluding dogs, cats, and fish, shall include but shall not be limited to fences, corrals, loading pens, and barns.
(B) Application for permit. Application for a permit required by the provisions of this chapter shall be made to the Town Council or the Town Council’s designee.
(C) Permit fee. Permits for keeping, maintaining, stabling, corralling, or housing such animals, excluding dogs, cats, and fish, shall be issued by the Town Clerk-Treasurer upon the payment by the permittee of an initial license fee and, thereafter, an annual license fee.
(D) Investigation of applicant. The Town Council shall, upon receipt of an application for a permit required under this chapter, take such action upon such application as in its judgment will best serve, promote, and protect the public health and welfare of the town.
(E) Duration of permit. Permits issued under the provisions of this chapter shall be issued for the calendar year.
(F) Revocation of permit.
(1) Any permit issued under the provisions of this chapter may be revoked or canceled by the Town Council at any time during the term thereof; provided, that the Mayor and Town Council have first received a complaint in writing from a person or persons, including the Chief of Police, and such complaint shall thereupon be investigated by a committee composed of at least three public officials, to be appointed by the Mayor, which committee shall investigate such complaint and submit a recommendation to the Town Council. That recommendation, along with a copy of the complaint, shall then be forwarded to the permittee.
(2) A request for a hearing upon the recommendation of revocation or cancellation of a permit shall be made in writing and delivered to the Town Clerk-Treasurer within ten days from the date the recommendation is sent to the permittee. Such request shall specify the permit concerning which the request is made, the requesting party’s name, address, phone number, and the nature of the interest held by the requesting party.
(3) In the event of a recommendation, which notice has been given, and no hearing is requested, the Town Council may revoke or cancel the permit. If a proper request for hearing is filed, revocation or cancellation shall only proceed upon an order of the Municipal Court or withdrawal of the request for hearing.
(4) In the event a request for hearing is filed and provided, a hearing shall be held before the Municipal Court or such other individual or group as designated by the Town Council to act as hearing examiner. The purpose of the hearing shall be to decide whether revocation or cancellation of the permit is proper and for taking such further action as is authorized under this chapter. Notice of the time, place, and hour of the hearing shall be sent at least 30 days in advance of the hearing to all known parties.
(5) At such hearing, all parties shall be afforded an opportunity to present evidence, to cross-examine, and present argument; provided, that all persons testifying shall be sworn; irrelevant, immaterial, or unduly repetitious evidence shall be excluded; and the decision of the Municipal Court Judge or hearing examiner shall be based upon the type of evidence commonly relied upon by the Municipal Court.
(6) At or after such hearing, and in the event of confirmation that revocation or cancellation of the permit is appropriate, the Municipal Judge or the hearing examiner, as the case may be, may order that the Mayor and/or his or her employees or agents revoke or cancel the permit. In the event the recommendation of revocation or cancellation is confirmed, administrative costs may also be assessed at the hearing. If it is found that the revocation or cancellation is not appropriate, revocation or cancellation authority shall be denied and costs shall not be assessed.
(7) Appeals from the Municipal Court or hearing examiner may be made to the County District Court, Second Judicial District, under the rules of appellate procedure as found in the state court rules in effect at that time.
(8) In the event a request for hearing, as provided, is not timely filed, the right to a hearing shall be considered to have been waived.
(G) Keeping without permit a nuisance. The keeping, maintaining, stabling, corralling, or housing of any animal in violation of this chapter shall constitute and is hereby declared to be a misdemeanor.
(Prior Code, § 6-3-3) (Ord. 352, passed 10-4-2007; Ord. 2024-01, passed 4-4-2024) Penalty, see § 6-3-18