§ 90.15 RESTRICTING CERTAIN ANIMALS.
   (A)   No person shall keep, harbor or maintain any horse, pony, cow, hog, calf, goat or other hoofed animal in the city, except that the keeping, harboring or maintaining of any such animals may be authorized by the Safety Service Director for the city by permit duly issued therefore, provided that such animals are located on lots or parcels of one acre or more.
   (B)   Fowl. No person shall keep chickens or other poultry in the city. Harboring or maintaining of any such animals may be authorized by the Safety Service Director for the city by permit duly issued therefore, provided that such animals are located outside any dwelling or commercial structure and be at a distance of at least 25 feet from the dwelling or commercial structure. No roosters are permitted. No free-range fowl are permitted. The zero-cost permit and site inspection will verify the appropriateness of the location and housing structure for the fowl. The maximum number of fowl permitted will be 5 unless authorized after the inspection of the fowl housing structure.
   (C)   Rabbits. No person shall keep over 5 rabbits in the city. Harboring or maintaining of any rabbits must be authorized by the Safety Service Director for the city by permit duly issued therefore, provided that such animals are located outside any dwelling or within 25 feet thereof.
   (D)   Other hoofed animals.
      (1)   This prohibition and conditions do not apply when not more than one spayed or neutered pygmy goat, defined as meeting the requirements of the National Pygmy Goat Association located in Mendon, Massachusetts, is kept as a pet in single-family dwelling. However, any owner or keeper of a pygmy goat shall:
         (a)   Keep the pygmy goat, when it is outdoors, in an area enclosed by a fence at least four (4) feet in height;
         (b)   Provide suitable shelter to protect the pygmy goat from the elements; and
         (c)   Promptly remove and dispose of all goat droppings.
      (2)   Permits may be issued by the Safety Service Director on written application therefor in such form as the Director requires, and shall specify any restrictions, limitations, conditions, or prohibitions which the Director deems reasonably necessary to protect any person or any neighboring use from unsanitary conditions, unreasonable noise or odors, or other annoyance, or to protect the public health or safety. All such animals kept in connection therewith shall be located no closer than 50 feet to any building used or designed for human habitation.
      (3)   The Safety Service Director shall investigate or cause to be investigated the keeping of any such hoofed animals and shall report the results of such investigation to the Health Commission. The Commission may, at its discretion, conduct a public hearing on the manner and extent of keeping or maintaining such hoofed animals and, following such public hearing, may impose such limitations, restrictions, conditions, or prohibitions on the keeping or maintaining of any such hoofed animals on the premises as, in its sound judgment, are reasonably necessary to protect any person or any neighboring use from unsanitary conditions, unreasonable noise or odors, or other annoyance, or to protect the public health or safety.
   (E)   Pigeons.
      (1)   No person shall keep or harbor the common Asiatic pigeon. Racing and banded pigeons, banded with a seamless, numbered leg band, issued by an active pigeon club, raised solely for the purpose of showing and/or racing may be raised in lofts constructed and maintained in strict compliance to existing zoning and building regulations for secondary buildings. Lofts should be constructed to allow freedom of movement for the birds, usually five square feet of open bottom wire floor space per pair with rodent- and vermin-proof walls and closures.
      (2)   The keeper of racing and/or banded pigeons is required to comply with all standards and requirements of the American Pigeon Fancier's Council (APFC).
      (3)   The Safety Service Director shall investigate or cause to be investigated any complaints related to the raising of racing or banded pigeons. If unsanitary conditions, unreasonable noise or odors are not corrected in a reasonable period of time, the Director shall order the loft disbanded until such time as the required corrections are made to the satisfaction of the Safety Service Director.
   (F)   Whoever violates or fails to comply with any of the other provisions of this section is guilty of a misdemeanor of the third degree. A separate offense shall be deemed committed each day during or on which a violation or noncompliance occurs or continues.
(Ord. 07-07-056, passed 8-13-2007; Am. Ord. 07-07-057, passed 8-13-2007; Am. Ord. 21-10- 052, passed 11-22-2021)