(A) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
AT LARGE. An animal that is off the premises of the owner and not on a leash or otherwise under the immediate control of a person physically capable of restraining the animal.
BIRDS. Parakeets, pigeons, birds of prey, pheasants, quail and other similar birds that are kept as pets or for hobby purposes. Chickens, geese and ducks are considered farm animals and may not be kept as household pets.
FISH and AMPHIBIANS. Includes frogs, toads and aquatic animals that are kept as pets or for hobby purposes.
HOUSEHOLD PETS and HOBBY ANIMALS. Mammals, birds, fish, amphibians, arachnids, insects and reptiles as specifically defined in this section.
MAMMALS. Rabbits, ferrets, mongoose, mink and similar small animals, and potbellied pigs that are kept as pets or for hobby purposes.
OWNER. Any person having temporary or permanent custody of, sheltering, having charge of, harboring, exercising control over or having property rights to any animal covered by this section.
REPTILES. Non-constrictor snakes, lizards, geckos, salamanders, chameleons, iguanas, alligators and crocodiles less than 30 inches in length, and similar reptiles that are kept as pets or for hobby purposes and that are not prohibited under the provisions of § 90.09.
UNDER RESTRAINT. An animal that is secured by a leash or lead or under the control of a person physically capable of restraining the animal and obedient to that person’s commands, or securely enclosed within the real property limits of the owner’s premises.
(B) Permitted household pets and hobby animals. Household pets and hobby animals, as defined in division (A) above, may be kept within the city only in compliance with divisions (C), (D), (E), and (F) below.
(C) Limitation on the number of animals.
(1) There shall be no numerical limitation on the number of animals described in division (A) above that are kept and maintained exclusively within the residence of the owner.
(2) The following animals may be kept on residential premises outside the residence of the owner, but shall be subject to the following numerical limitations, which shall be the maximum number of animals permitted at any single location at any one time:
(a) Mammals of a maximum weight not exceeding ten pounds, no more than ten in number;
(b) Mammals exceeding ten pounds in weight, no more than six in number;
(c) Fish and amphibians, no more than 50 in number; and
(d) Birds, no more than 30 in number.
(D) Sanitation.
(1) No owner or custodian of any animal shall cause or allow such animal to soil, defile or defecate on any property, except the premises of the owner, unless such owner immediately removes and disposes of all deposits by such animals.
(2) No person owning, harboring, keeping or in charge of an animal within the city shall permit any waste matter from the animal to collect and remain on the property of the owner so as to cause or create an unhealthy, unsanitary, dangerous or offensive condition, or so as to create an odor.
(3) No person owning, harboring, keeping or in charge of any animal shall cause unsanitary, dangerous or offensive conditions by virtue of the size or number of animals maintained at a single location or due to the inadequacy of the facilities.
(E) Nuisances. No person shall keep animals subject to the provisions of this section which cause a public nuisance. A public nuisance shall include:
(1) Any animal that is repeatedly found at large;
(2) Any animal that makes disturbing noises, including, but not limited to, continued and repeated howling, barking, whining or other utterances causing unreasonable annoyance, disturbance or discomfort to neighbors or others in close proximity to the premises where the animals are kept;
(3) Any animal that causes fouling of the air by noxious or offensive odors and thereby creates unreasonable annoyance or discomfort to neighbors or others in close proximity to the premises where the animals are kept;
(4) Any animal, whether or not on the property of its owner, that, without provocation, molests, attacks or otherwise interferes with the freedom of movement of persons on a public right-of-way;
(5) Any animal that attacks domestic animals;
(6) Any animal that causes unsanitary conditions in enclosures or surrounding where the animal is kept;
(7) Any animal that is offensive or dangerous to the public health, safety or welfare by virtue of the number of animals maintained at a single location, or the inadequacy of the facilities; and
(8) Any animals kept for commercial purposes.
(F) Commercial use prohibited. No persons shall keep animals covered by this section for commercial purposes, except on premises where such commercial use is permitted under the city’s zoning regulations or exclusively within the owner’s residence. The following facts shall be considered evidence of commercial activity:
(1) The advertising of animals for sale;
(2) The continuing periodic sale of animals;
(3) Keeping animals in excess of the numerical limits established under division (C) above;
(4) Licensing, registration or certification of the keeper of such animals as a dealer;
(5) The holding of a state sales tax permit related to the sale of animals;
(6) Reporting activities in connection with such animals as a business on any legally required document, report or tax return; and
(7) Any other factors that indicate commercial activity.
(Prior Code, § 6-4-10) (Ord. 510, passed 1-18-1999; Ord. 717, passed 4-18-2011) Penalty, see § 10.99