(A) Except as hereinafter provided, no person shall keep any livestock, including, but not limited to, swine, cattle horses, mules, sheep or goats, turkeys, geese or other farm animals or beasts of burden of any kind, or any nondomesticated animals of any kind or nature within the corporate limits of the town.
(B) The provisions of this section shall not be applicable to:
(1) Domestic animals: not to exceed three dogs of more than four months of age or more than one litter of pups less than four months of age per household. Not to exceed four cats of more than four months of age or more than one litter of kittens less than four months of age per household. Not to exceed any combination of dogs and cats more than five animals total. Not to exceed one pot-belly pig per household;
(2) Rabbits: not to exceed 25 per household;
(3) Chickens: not to exceed 25 per household;
(4) Pot-bellied pigs: it shall be unlawful for any person to keep, pasture, house, maintain or harbor a pot-bellied pig within the town unless the owner registers said animal with the Town Clerk, who shall issue a license to the owner. The fee for said license shall be the same as the fee for a dog license as established from time to time. No person shall engage in the commercial business of breeding, buying, selling, trading, training or boarding pot-bellied pigs. Male pot-bellied pigs shall be castrated prior to the age of four months and female pot-bellied pigs shall be spayed prior to the age of four months;
(5) Those animals allowed by provisions of Chapter 153; and
(6) (a) 1. The Board of Trustees may allow exceptions to the provisions of this section, pursuant to a Board of Trustees resolution, upon a finding that the proposed use will not be detrimental to the surrounding properties and inhabitants.
2. In determining whether the proposed use will be detrimental, the Board of Trustees shall consider the following criteria:
a. The size of the property on which the animals will be located;
b. The date on which such property was annexed to the town;
c. How any nuisance effects will be controlled;
d. The surrounding land uses; and
e. How the animals will be contained on the property.
(b) 1. A resolution pursuant to this division (B)(6)(b) may impose modifications or conditions to the extent such modifications or conditions are necessary to ensure compliance with this division (B)(6).
2. Conditions may address, by way of illustration and not limitation, nuisance control, fencing requirements and time limits on the proposed exception. The Board may by resolution establish specific open area, setback and other locational requirements for any exception.
(c) All chicken and rabbit pens shall be kept in a clean and sanitary condition.
(Ord. 3-07, passed 12-12-2007; Ord. 6-08, passed 9-10-2008) Penalty, see § 90.99