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6-3-7: CONDITIONS OF PREMISES:
   (A)   Animal locations, structures, pens, corrals and any other premises or structure used for the keeping of and maintaining of horses, cows, sheep, goats, rabbits, chickens, doves and pigeons or any other animals must be kept in a clean and sanitary condition, free from obnoxious odors and substances. All persons who keep or maintain any horses, cows, sheep, goats, rabbits, chickens, doves or pigeons or any other animals shall keep them confined at all times in enclosures strong enough or staked out or picketed on the premises, or in such a manner as to prevent the said animals or fowl from going upon the premises or property of another. It shall be unlawful for any person keeping or maintaining any of said animals or fowl to allow the same to create a disturbance to the residents in the particular locality by creating any noise, odor or damage to the adjacent property, and the keeping and maintaining of said animals and fowl shall not interfere with the peaceful and quiet enjoyment of such property by such adjacent owners or residents.
   (B)   All other animals found in city limits, including pets and service animals, must be kept in sanitary conditions with sufficient access to shelter, food, and water so as to maintain the health of the animal. (1958 Code ch. VII art. 1; amd. Ord. O-2023-017, 12-18-2023)
6-3-8: QUALIFICATIONS FOR ISSUANCE OF ANIMAL PERMIT:
   (A)   The Code Enforcement Coordinator shall issue a permit to keep or maintain animals in the City only after the recommendation of the City Chief of Police or his designee. The Chief of Police or his designee shall inform the Code Enforcement Coordinator that the requirements of this chapter have been complied with before the Code Enforcement Coordinator shall issue such permit. The Chief of Police or his designee may deny the issuance of a permit if fraudulent or untrue representations are made by the applicant or the applicant is in violation of any of the provisions of this chapter.
   (B)   Before being issued a permit, the applicant shall circulate a petition among all those households located within three hundred feet (300') of the applicant's property. The petition shall state the number and type(s) of animals the applicant wishes to keep and shall give the location of the property on which the applicant wishes to keep the animals. The applicant must obtain an acknowledgment from every household within three hundred feet (300') whether the household resident approves or disapproves of the application, and must receive the approval of seventy five percent (75%) of the households located within three hundred feet (300') of his property before an animal permit will be issued. If the applicant is unable to obtain an acknowledgment from a household within three hundred feet (300'), the applicant may substitute a statement for the household excluded, explaining the attempts made to obtain the acknowledgment, and the results of those attempts.
      The Chief of Police or his designee shall not issue a permit if acknowledgment and approval, as described above, has not been met.
   (C)   The Chief of Police or his designee, prior to the issuance of a permit, may inspect places and premises where any of the animals are kept or housed and, if a violation of this chapter is found to exist, the Chief of Police or his designee shall deny issuance of the permit to the applicant. (Ord. 2197, 3-16-1987; amd. Ord. 3018, 10-24-2011; Ord. O-2023-017, 12-18-2023)
6-3-9: APPEAL OF CITY CHIEF OF POLICE OR HIS DESIGNEE’S DECISION:
If the applicant is aggrieved by the decision of the Chief of Police or his designee the applicant may appeal such decision to the City Council within seven (7) days of notice of the decision of the Code Enforcement Coordinator. The applicant must, in writing, appeal to the City Council and set forth the reasons therefor why the applicant should not be denied a license. The City Council shall set the time and place for a hearing a reasonable period of time subsequent to applicant's written notice of appeal. Notice of such hearing shall be personally served upon the applicant, or mailed postage prepaid to the applicant at his last known address, at least three (3) days prior to the date of the hearing. The order of the City Council shall be final. (Ord. 2197, 3-16-1987; amd. Ord. O-2023-017, 12-18-2023)
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