(a) Domestic Farm Animals, Defined. For the purpose of subsection (b), “Domestic Farm Animals” means:
(1) Goats.
(2) Sheep.
(3) Bovine (Cows, Bulls, Cattle).
(4) Turkeys, Chickens, Geese or Ducks.
(5) Horses (Equine) or Mules.
(6) Alpaca.
(7) Llama.
(b) Prohibition Against Keeping of Domestic Farm Animals, within the Municipal Corporation Limits; Exceptions.
(1) Except as exempted herein, it shall be unlawful for any person or persons, upon a parcel of land less than two (2.0) acres in size, to keep, display, harbor, raise, maintain, possess or in any other manner have a domestic farm animal, either inside or outside of a structure within the Municipality of Woodsfield.
(2) It shall further be unlawful for any owner or occupant of a parcel of land to permit such prohibited activity to occur on premises owned or occupied by such person without regard to ownership of the animals.
(3) For purposes of this section, when calculating two (2.0) acres of a parcel of land, contiguous parcels of land, without intersecting streets, shall constitute two (2.0) acres of a parcel of land if such parcels are titled to the same person or entity.
(4) This prohibition shall not apply to persons with ten (10) or less chickens (hens only) on a parcel of land less than two (2.0) acres in size.
(c) Prohibition Against Keeping of Swine within the Municipal Corporation Limits.
(1) It shall be unlawful for any person or persons to keep, display, harbor, raise, maintain, possess or in any other manner have any swine animal, either inside or outside of a structure within the Municipality of Woodsfield.
(2) It shall further be unlawful for any owner or occupant of a parcel of land to permit such prohibited activity to occur on premises owned or occupied by such person without regard to ownership of the animals.
(d) Penalties and Available Remedies.
(1) Any person in violation of this section shall be deemed guilty of a misdemeanor of the fourth degree upon the first offense.
(2) For the second and subsequent violations of this section, the violator shall be deemed guilty of a misdemeanor of the first degree.
(3) Each and every day that a violation continues for each and every animal shall be deemed to constitute a separate offense and the court is authorized to impose penalties for each and every day that an offense continues unabated.
(4) In addition, the Court may order, at the violator’s expense, that the domestic farm animals be relocated to suitable agricultural facilities or otherwise order removal by the Municipality of Woodsfield at the violator’s expense.
(5) If such relocation or removal is not practical, as an alternative, the Court is hereby authorized to order, at the violator’s expense, that the domestic farm animals be humanely destroyed by a qualified veterinarian.
(e) Severability. If any provision of this section, or the application of this section to any person or circumstance, is held invalid, the invalidity shall not affect other operation or applications of the provision or related provisions which can be given effect without the invalid provision or application, and to any such extent the provisions are severable.
(f) Pre-exemption and Supersession. This section shall supersede and control any prior conflicting or contrary provisions of the Woodsfield Municipal Code.
(Ord. 1259-2019. Passed 6-5-19.)