[Code 1974 §210.030A; CC 1984 §4-56]
It shall be, and is hereby declared to be, unlawful for any
person, being the owner or having the care or control of any livestock
or other domesticated animal, to suffer or permit the same to run
at large within the corporate limits of the City. It shall be the
duty of every owner or person having the care or control of any such
animal to keep the same within a proper enclosure.
[Code 1974 §210.030C; CC 1984 §4-57]
A.
When
any livestock shall be found running at large within the corporate
limits of this City, it shall be the duty of the Animal Control Officer
to restrain the same in the City animal shelter. The animal shall
be safely kept therein until disposed of as provided herein.
B.
When any livestock shall be impounded as provided in Subsection (A), the owner shall be notified thereof by a notice published in one (1) of the local newspapers for two (2) consecutive publications by the Animal Control Officer. The notice shall be addressed to the owner of the animal impounded, if his/her identity can be ascertained. The notice shall contain a true description of the animal impounded and shall notify the owner to claim and to take the animal from the animal shelter (describing the location thereof), after paying all the costs incurred in the proceedings, or that the animal shall be sold under the judgment of the Municipal Judge of the City and the proceeds applied to payment of the costs, unless the owner appears within ten (10) days from the date of the publication of the last notice and show cause why the same shall not be done. The notice shall be signed by the Animal Control Officer.
[Code 1974 §210.030D; CC 1984 §4-58]
Upon proof made before the Municipal Judge that any livestock has been found running at large within the corporate limits of this City and that at least ten (10) days' notice has been given as required by Section 205.300, he/she shall, unless the owner or person having care or control of the animal shall have shown to him/her good cause to the contrary, make and enter on his/her record a judgment and order for the sale of the animal. The proceeds of any such sale shall be used first (1st) to pay for the expense of keeping and feeding the animal and the cost of the proceedings, reciting therein the facts and specifying the items of the proceeding, costs and expense.
[Code 1974 §210.030E; CC 1984 §4-59]
A.
The Municipal Judge shall certify to the Chief of Police a copy of the judgment and order of sale entered pursuant to Section 205.310. Upon receipt of the judgment, the Chief of Police shall, after five (5) days' notice posted as required in Section 205.300, stating the time and place of sale and describing the animal to be sold, sell the animal for cash to the highest bidder. If the judgment directs the sale of more than one (1) animal or fowl, the Chief of Police shall sell them either separately or all together, as he/she may deem best for the owner thereof.
B.
The
proceeds of the sale shall be applied first (1st) to pay the cost
of keeping the animal and of the proceedings, and the remainder shall
be delivered to the City Treasurer and held by him/her, subject to
the order of the City Council, for the owner of the animal so sold.
The Chief of Police shall, within ten (10) days thereafter, return
to the Municipal Judge the judgment and order of sale, showing thereon
all proceedings and costs thereof in execution of the same.
[Code 1974 §210.030G; CC 1984 §4-60]
At any time before the sale, the owner or person having the
care or control of any livestock mentioned in this Article may claim
and have delivered to him/her the animal by paying the costs and expenses
accrued at the time of making the claim.
[Code 1974 §210.040D; CC 1984 §4-61; Ord. No. 4-46
§1, 6-27-2016]
A.
Except as provided in Subsection (B) of this Section, it shall be unlawful for any person owning or keeping livestock to keep the same in the business district of this City or in a strictly residential area of this City. For the purpose of this Section, the term "strictly residential area" shall mean and include any area within the limits of this City which has been either zoned, or platted and recorded for residential purposes.
B.
The keeping of chickens shall be allowed as an accessory use in single
family residential zoning districts pursuant to the following restrictions:
1.
No more than five (5) hens shall be permitted for each single-family
dwelling.
2.
Roosters shall not be permitted.
3.
Chickens shall be at all times confined within a fully enclosed
tractor, coop or a fully enclosed pen. The coop or fully enclosed
pen shall be of sufficient design to prevent escape of the chickens
and must be maintained in a sanitary condition and good repair at
all times.
a.
Chicken tractors, coops or pens must be located at least fifty
(50) feet from any neighboring residential dwelling or place of business.
b.
Chicken tractors, coops or pens must be located at least twenty
five (25) feet from any side yard lot line and fifteen (15) feet from
any rear yard lot line.
c.
Chicken tractors, coops or pens must be located wholly within
the rear yard.
4.
All manure and other discharges from the chickens shall be collected
regularly and properly removed from the premises or tilled into the
soil to prevent offensive odors or other public nuisances.
5.
All chicken tractors, coops, or pens shall be considered "accessory
structures" and shall require a permit pursuant to Title V, Building
Code.
6.
It shall be unlawful to engage in chicken breeding, sales or
fertilizer production for commercial purposes.
7.
Odors from chickens, chicken manure, or other chicken related substances perceptible at the property boundary of neighboring property are hereby declared a nuisance and may be abated pursuant to Chapter 215 of this Code.
8.
Perceptible noise from chickens shall not be loud enough at
the property boundaries to disturb persons of reasonable sensitivity.
