§ 90.033  KEEPING LIVESTOCK AND POULTRY.
   (A)   Hogs and swine. No hogs or swine are permitted to be in any zone within the corporate limits, except in an industrial district for manufacturing purposes and/or in connection with a fair or other special event conducted on a temporary basis. Purebred miniature Vietnamese pot-bellied pigs are exempt from this provision provided they meet all the requirements of division (F) below.
   (B)   Horses, mules, ponies, cows, sheep, goats or other livestock, including poultry.
      (1)   It shall be unlawful for any person to house or stable any horse, mule, pony, cow, sheep, goat or other livestock, including poultry, in the corporate limits of the town within 150 feet of any dwelling, school, church, restaurant, grocery store, drugstore or other retail establishment, or within 100 feet of a septic tank or private water supply intended for human consumption. In addition, it shall also be unlawful to keep or maintain such animals by means of tether, fence or other type enclosure within 20 feet of the property line of an adjoining lot.
      (2)   Within the town’s corporate limits, no more than one such animal may be maintained on a lot containing less than 20,000 square feet in area. Additional animals may be maintained on the basis of one animal for each additional 20,000 square feet provided.
   (C)   Outside the town’s corporate limits. Outside the town’s corporate limits, the following minimum dimensional requirements shall apply:
 
Animal Type
Minimum Land Area (Lot Size)
Cattle or horses
12,000 sq. ft. per head
Goats
2,000 sq. ft. per head
Poultry
8,000 sq. ft. per 100 birds
Sheep
2,000 sq. ft. per head
Swine
10,000 sq. ft. per head
 
   (D)   Structures for livestock. Best management practices shall be applied in using and maintaining structures for livestock, including stables, so as to eliminate or minimize nuisances and adverse impacts to the maximum extent possible.
   (E)   Keeping fowl/poultry. All yards, premises, sheds, coops and the like occupied by chickens or other fowl shall be deemed a nuisance if not cleaned regularly and kept in a sanitary condition at all times.
   (F)   Pot-bellied pigs permitted. The keeping and raising of purebred miniature Vietnamese pot-bellied pigs (Sus scrofa bittatus) and other similar purebred miniature pigs as household pets shall be allowed in all residential districts subject to the limitations placed thereon by the following divisions.
      (1)   Any person wishing to keep and maintain miniature pigs within the town limits shall fill out and present an application form to the Town Clerk or Animal Control Officer stating the applicant’s name and address and the location where such miniature pigs will be kept. The application form shall be accompanied by a copy of the registration papers for each pig or certification from a licensed veterinarian for each pig stating that the pig is a purebred miniature Vietnamese pot-bellied pig (Sus scrofa bittatus) or other similar purebred miniature pig, a certification from a licensed veterinarian stating that the male pig has been neutered or that the female pig has been spayed, a certification from a licensed veterinarian stating that the miniature pig has been vaccinated for erysipelas, atrophic rhinitis, leptospirosis and transmissible gastroenteritis (TGE), and has been wormed, a site drawing indicating compliance with the appropriate requirements of this section, and the appropriate fee as required by the town.
      (2)   An approved, unrevoked application, as described above, is required to keep any miniature pig(s) in accordance with this section.
      (3)   Miniature pigs as permitted herein shall not exceed 22 inches in height and a weight of 150 pounds each.
      (4)   Only two such miniature pigs shall be kept in any household.
      (5)   Such miniature pigs shall be kept in a restrained area at all times and shall not be permitted to run at large.
      (6)   No such miniature pigs shall be allowed off the premises of its owner except on a leash or duly restrained in a vehicle.
      (7)   The breeding and raising of miniature pigs shall not be allowed within the town limits. If any such pig shall give birth to piglets, the mother pig and all piglets shall be immediately removed from the town limits for weaning and raising.
      (8)   All miniature pigs kept as household pets must be routinely vaccinated against infections and all communicable diseases common to such animals. The owner of any miniature pig growing tusks must have the same surgically removed by a veterinarian.
      (9)   Any outside area occupied by a miniature pig or pigs shall be regularly sanitized and kept free of waste. No such area shall be allowed to become muddy or unsanitary.
      (10)   All persons keeping or maintaining any miniature pig(s) within the town limits shall, within six months of the effective date of this chapter, comply with all provisions of this section.
      (11)   All persons keeping or maintaining any miniature pig(s) within any area which becomes subject to the provisions of this chapter through the extension of the town limits by annexation shall, within six months of the effective date of the annexation, comply with all provisions of this chapter.
      (12)   Violation of any of the provisions of this section and/or a finding of a violation by the Animal Control Officer shall cause an immediate revocation of the subject approved application.
   (G)   Registration required of existing livestock. Livestock that are within the corporate limits of the town on the date of adoption of this chapter and do not meet all requirements of this chapter (i.e., number of livestock allowed per lot area or the proximity of a barn/stable to a dwelling, school, church, restaurant, grocery store, drugstore, retail establishment, septic tank or private water supply) shall be allowed to remain in the town for as long as the animals live; provided all animals are registered with the town within one year of adoption of this chapter. Registration of existing livestock animals will require the owner to state the age, sex and breed of all animals as well as the lot square footage or acreage of the land that the animals are kept on. Any offspring of the existing livestock shall be removed from the corporate limits of town following weaning from its mother.
(Ord. passed 2-6-2007)  Penalty, see § 90.999