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5-3-2: EXEMPTED ACTIVITIES:
The following activities are exempted from the definition of a nuisance and will not be subject to City enforcement action:
   A.   Not A Nuisance: It is not a nuisance if the condition or animal described in section 5-3-1 of this chapter:
      1.   Is merely the result of those naturally occurring noises made by animals, including, but not limited to, mooing, bleating or crowing during daytime hours; provided that the foregoing exemption does not apply to the barking of dogs; and
      2.   The animal is lawfully kept on premises zoned for the keeping of such animal pursuant to the provisions of this Code.
      3.   Owners of animals claiming this exemption are required to maintain and control such animals in a responsible manner to prevent undue noise disturbances during nighttime hours. All animals making noise, including, but not limited to, dogs should, where possible, be confined in an enclosed structure between the hours of ten o'clock (10:00) P.M. and seven o'clock (7:00) A.M.
   B.   Preexisting Farms And Ranches: The definition of a "nuisance" shall not apply to those properties and portions of properties engaged in active agricultural/ranch operations continuously dating from before the surrounding land was developed into the current residential or commercial uses. "Active agricultural/ranch operations" includes, but is not limited to, sights, sounds, odors, and dust inherent to raising crops, livestock, and livestock products. Included in this exemption are weeds growing in areas of cultivated farm properties which cannot be economically utilized for crop production.
   C.   Ditch Bank Protection: The definition of "nuisance" shall not apply to weeds growing along active ditch banks, unless a traffic hazard or other danger is presented by the growth of the weeds and so long as the weeds are maintained below twelve inches (12") in height and are not noxious weeds. In this regard, the City Council finds that weeds along active ditch banks are necessary to preserve the stability of the ditch. (Ord. 13-08, 3-13-2013; amd. Ord. 15-17, 7-22-2015; Ord. 17-44, 7-26-2017)