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§ 90.011 WILD OR EXOTIC ANIMALS.
   (A)   It shall be unlawful for any person to sell, possess, keep, permit, cause or allow any wild animal within the city limits of the city.
   (B)   It shall be unlawful for any person to possess, keep, capture, or kill any animal within the city limits of the city, which is of a protected or endangered species or possession of which requires a special license from a state or federal agency, unless such license has been obtained.
   (C)   The Animal Control Officer or his or her designee shall seize all animals found in violation of this section and impound all such animals at any suitable impound or establishment. The Animal Control Officer or his or her designee or any peace officer may enter any building to seize an animal which is therein in violation of this section upon the consent of one having the right of possession of such building, or under a warrant issued by a magistrate.
   (D)   Upon showing to the Animal Control Officer or his or her designee proof of a right of possession of any such impounded animal, such person may redeem such animal after seven days of the date of impoundment upon payment of any fees incurred by the city, provided that the animal will promptly be removed from the city as such person submits to the Animal Control Officer or his or her designee a sworn affidavit setting out the location where the animal will be kept.
(Ord. 2016-03, passed 3-17-2016; Ord. 2016-03-A1, passed 1-19-2017; Ord. 2016-03-A2, passed - -; Ord. 2016-03-A2, passed 9-19-2019; Ord. 2016-03; A3, passed 7-20-2023)
§ 90.012 LIVESTOCK, FOWL AND SWINE.
   (A)   It is unlawful to own, keep, or harbor any fowl within the city limits except as follows.
      (1)   Numerical limitation. In an area zoned RA - Agriculture, no more than six fowl may be kept per acre. In all other zoning districts, no more than six fowl may be kept per household regardless of lot size.
      (2)   Restraint. All fowl kept under this section shall be confined in a pen, coop, or other structure sufficient to prevent their escape.
      (3)   Location of pens and structures. Every such pen, coop or other structure required for the confinement of fowl under this section shall be located at least 50 feet distant from any property line.
   (B)   It shall be unlawful to keep any species of swine within 1,000 feet of any residence, dwelling, or occupied building except that of the owner of the swine.
(Ord. 2016-03, passed 3-17-2016; Ord. 2016-03-A1, passed 1-19-2017; Ord. 2016-03-A2, passed - -; Ord. 2016-03-A2, passed 9-19-2019; Ord. 2016-03; A3, passed 7-20-2023)
§ 90.013 SAFETY OF ANIMALS IN MOTOR VEHICLE AND ENCLOSED SPACES.
   (A)   A person shall not leave or confine an animal in any unattended and closed motor vehicle or other enclosed space under conditions that endanger the health and well-being of an animal due to heat, cold, lack of adequate ventilation or lack of food or water, or other circumstances that could reasonably be expected to cause suffering, disability or death to an animal.
   (B)   A peace officer or Animal Control Officer may, after attempting to locate the animal's owner, remove the animal from a vehicle or enclosed space using any reasonable means, including breaking a window or lock. If professional services are required for removing the animal, the owner is responsible for all costs. Additionally, any resulting property damage to a motor vehicle caused by the removal of an animal shall not impose liability on any peace officer or individual that removed the animal.
   (C)   An animal removed from a motor vehicle or other enclosed space shall be taken to an animal shelter or another place of safe keeping or, if deemed necessary, to a veterinary hospital for treatment and observation.
   (D)   A peace officer or Animal Control Officer that removes an animal from another vehicle or other enclosed space shall, in a secure or conspicuous location on or within the motor vehicle or confined space, leave written notice bearing his or her name and office, and the address of the location where the animal can be claimed. The animal may be claimed by the owner only after payment of all charges that have accrued for the maintenance, care, medical treatment or impoundment of the animal.
(Ord. 2016-03, passed 3-17-2016; Ord. 2016-03-A1, passed 1-19-2017; Ord. 2016-03-A2, passed - -; Ord. 2016-03-A2, passed 9-19-2019; Ord. 2016-03; A3, passed 7-20-2023)
§ 90.999 PENALTY.
   (A)   Whenever in this chapter an act is prohibited or is made to be declared unlawful or whenever in this chapter an act is required or the failure to do any act is declared to be unlawful, the violation of any such provision of this chapter shall be punished by a fine of not more than $2,000. Each day a violation of this chapter continues shall constitute a separate offense.
   (B)   The owner of an animal which inflicts serious bodily injury or death to a person or bites a person on public or private property, or which kills a domestic animal without provocation, shall be guilty of a misdemeanor, and upon conviction shall be subject to a fine of no more than $2,000.
   (C)   It shall be a violation of this chapter for a dangerous or vicious animal to kill, wound or assist in killing or wounding, any domestic animal belonging to or in the possession of any person, or for a dangerous or vicious animal to attack, assault, fight or otherwise injure any person, or assist in attacking, assaulting, biting or otherwise injuring any person, without or within the enclosure of the owner whether or not such animal was on a leash and secure with a muzzle or whether or not the animal escaped without fault of the owner. The Animal Control Officer or his or her designee is empowered to confiscate and destroy such animal in an expeditious and humane manner. In addition, the owner shall be subject to a fine of no more than $2,000.
   (D)   A violation of this chapter shall be a Class C misdemeanor.
(Ord. 2016-03, passed 3-17-2016; Ord. 2016-03-A1, passed 1-19-2017; Ord. 2016-03-A2, passed - -; Ord. 2016-03-A2, passed 9-19-2019)