a. Livestock. It is unlawful to own, keep, or harbor, any livestock within the City limits except as follows:
1. Numerical limitation: In an area zoned AG, no more than one livestock animal per fenced in acre may be kept; however, no hogs or swine may be kept. In all other zoning districts, no more than one livestock animal per fenced in acre may be kept up to a maximum of three animals, however no hogs or swine may be kept;
2. Restraint: The acreage on which such livestock are maintained must be enclosed by a fence of sufficient height, strength, and construction to keep such livestock from escaping from the premises; said fence shall be at least fifty (50) feet from any adjoining property line.
3. Pens and structures: All livestock kept under this section shall be provided a stable, shed, pen, or other structure of adequate size for the storage, shelter, and safekeeping of such animals;
4. Location of pens and structures: Every such stable, shed, pen, or other structure for the storage, shelter, and safekeeping of livestock shall be at least one hundred (100) feet from any property line.
b. Fowl. It is unlawful to own, keep, or harbor any fowl within the City limits except as follows:
1. Numerical limitation: In an area zoned AG, no more than six (6) fowl may be kept per acre. In all other zoning districts, no more than six (6) 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 pen, coop or other structure required for the confinement of fowl under this Section shall be located at least fifteen (15) feet distance from the side and rear property lines of the property on which the pen, coop or structure is located, and must be located behind the front yard setback of the property on which the pen, coop or structure is located. (Ord. No. O-2021-40; 5/12/21)
c. Hogs and Swine. No hogs nor swine may be kept within City limits.
d. Sanitation requirements. Every such stable, shed, pen or other structure used for the storage or shelter of livestock or fowl under this section shall be cleaned and maintained so as to prevent the escape of noxious odors or substances to adjacent properties or the creation of any health hazard or nuisance to adjacent property owners, as required by Section 14-10.
e. The prohibitions and restrictions set out in subsections a. through c. of this section shall not apply to:
1. A zoo, zoological park or animal park;
2. An accredited research institution;
3. A qualified researcher utilizing such livestock or fowl in connection with defined research objectives;
4. An animal exhibition operating under a contract, lease, or special event permit, or otherwise duly approved by the City;
5. Someone lawfully engaged in the transport of livestock or fowl in an enclosed vehicle in accordance with state law;
6. Someone engaged in the transport or receipt of livestock or fowl for processing in connection with the operation of a cattle auction, slaughterhouse or like facility;
7. An animal shelter, veterinary clinic or similar facility for the treatment and temporary shelter of animals in connection therewith.
f. Nothing in this Section shall be interpreted so to prohibit a service animal as defined in federal law, or an assistance animal defined in State law, that is specially trained or equipped to assist persons with disabilities.
g. Areas on which agricultural operations are conducted or livestock are kept that are annexed into the City shall remain as legal uses pursuant to state law. State law requires that regulations of agricultural operations or livestock in such newly-annexed areas can only be applied if the City Council, by resolution, makes findings that such regulations are necessary to protect the public health. (Ord. No. O-96-13, 2-21-96) (Ord. No. O-2012-80; 9/26/12) (Ord. No. O-2021-40; 5/12/21)
Notes
| 1 | See state law, Agriculture Code, Sec. 251.005(c), for procedure to prohibit animals in newly annexed area. |