(a) Definitions. As used in this section:
(1) “Horses” shall mean horses, ponies, donkeys, and/or jackasses.
(2) “Stable” shall mean any barn, building, or other structure used for the keeping, housing, or feeding of horses.
(b) Stable and Fenced Lot Required.
(1) A stable and fenced lot shall be required on any premises where horses are kept, permitted, allowed, boarded, or harbored.
(2) Stables shall be located not less than:
A. 125 feet from any neighbor’s dwelling;
B. 35 feet from any lot line;
C. 50 feet from a drilled water well.
(c) Land and Area Required.
(1) No person shall keep any horse on a lot or within the Municipality unless such person has a minimum property area of two acres; and two or more such animals shall be kept upon property containing not less than five acres, except for any such animal under six months of age.
(d) Non-conforming Uses.
(1) Any horse owned, kept, maintained, or boarded within the City on property or conditions which do not comply with the minimum requirements of this section shall be deemed a non-conforming use.
(2) Each person having such a non-conforming use shall register with the Building Department within 180 days of the effective date of this section the name, age, breed, and markings of such horse(s) and the name of the harborer or owner, address of property where animal is kept, address of owner, and the telephone number of owner and harborer.
(3) Upon the death or permanent removal of any horse, the owner or harborer shall not thereafter be permitted to acquire any other horse unless in compliance with the requirements of this section.
(e) Penalty. Whoever violates or fails to comply with any of the provisions of this section is guilty of a minor misdemeanor. A separate offense shall be deemed committed each day a violation occurs or continues. A violation of this section shall constitute a nuisance and the penalty herein shall be in addition to any other remedy available.
(Ord. 39-2005. Passed 5-12-05.)