[R.O. 2010 §210.010; C.O. 1948 c. 12 §5-1; CC 1970 §4-1]
Whenever any stable, stall, shed or any structure, or any yard or appurtenance thereof, in which any horses, cattle or swine or any other animals shall be kept, or any place within the City, in which manure or liquid discharge of such animal shall collect or accumulate, and which stable, stall, shed or any structure, or any yard or appurtenance thereof, is not kept in a clean and wholesome condition, so that no offensive smell shall be allowed to escape therefrom, it shall be deemed a nuisance; provided, that nothing in this Section shall be so construed as to include manure deposits upon any private property for the purpose of cultivating the same.
[1]
Cross Reference — As to stables, sheds, etc., being declared nuisances, §220.020.
[R.O. 2010 §210.020; C.O. 1948 c. 12 §§5-2 — 5-3; CC 1970 §4-2]
A. 
It shall be unlawful for any person to keep or maintain any horse, cattle, cow, swine or any similar animal in any stable, stall, shed or any structure, or any yard or appurtenance thereof within one hundred twenty-five (125) feet of any adjoining residence or dwelling within the City, or, within twenty-five (25) feet of any public street or highway within the City.
B. 
It shall be unlawful for any person to locate, erect or construct any stable, stall, shed or any structure of any nature whatsoever, in which is to be kept or maintained any horse, cattle, cow, swine or any similar animal within one hundred twenty-five (125) feet of any residence or dwelling within the City, or within twenty-five (25) feet of any public street or highway within the City.
[R.O. 2010 §210.030; C.O. 1948 c. 12 §§11-1 — 11-3; CC 1970 §4-3]
A. 
No person shall be permitted to engage in the raising of animals, fowl or reptiles for commercial purposes in the City.
B. 
Any person who shall keep, own, control, possess or have in custody on any lot, building, structure or premises of any nature whatsoever, more than two (2) animals, fowl or reptiles older than eight (8) weeks of age shall be presumed to be engaged in the raising of the same for commercial purposes contrary to the provisions of this Section.
C. 
Whenever any person shall harbor or maintain any such animals, fowl or reptiles on or in more than one (1) lot, building, structure or premises, the total number of the same thus held by such person shall be considered as being in one place for the purpose of determining whether or not an illegal number of the same is being harbored or maintained.
[R.O. 2010 §210.040; C.O. 1948 c. 12 §6-1; CC 1970 §4-4]
It shall be unlawful for any person to suffer, cause or permit any horse, mule, ass, cow, sheep, goat or pig belonging to him/her or under his/her control, to run at large within the City, or to be tied, staked or pastured in, on or along any street, thoroughfare, railroad, right-of-way or other public place in the City.
[R.O. 2010 §210.050; C.O. 1948 c. 12 §6-5; CC 1970 §4-5]
All animals enumerated in Section 210.040 found running at large, or tied, staked or pastured in, on or along the streets, railroad right-of-way, thoroughfares or other public places in the City, are hereby declared to be a public nuisance and shall forthwith be taken up by the Chief of Police or his/her designee, and placed by him/her in some secure pen or pound, to be provided by him/her for that purpose.
[1]
Cross Reference — As to nuisances generally, ch. 220.
[R.O. 2010 §210.060; C.O. 1948 c. 12 §6-6; CC 1970 §4-6]
When any animal shall be taken up, it shall be the duty of the Chief of Police or his/her designee, to make diligent inquiry for the owner thereof and when such owner shall be found, to notify him/her of the taking up and impounding of such animal; and thereupon such owner may appear at any time within three (3) days of the date of such impounding, and reclaim such animals upon the payment to the Chief of Police or his/her designee, of the fees and penalties fixed and allowed in this Chapter.
[R.O. 2010 §210.070; C.O. 1948 c. 12 §6-7; CC 1970 §4-7]
If any animal, as enumerated in Section 210.040, shall be taken up and impounded, and shall not be reclaimed by the owner thereof, as provided in the preceding Section 210.060, it shall be the duty of the Chief of Police or his/her designee, after having kept such animal or animals three (3) days, to sell the same to the highest bidder for cash, having first given three (3) days public notice of the time, terms, and place of sale, and of the property to be sold, and the cause thereof, by written or printed handbills posted in two (2) or more of the most public places in each ward of the City. Every such sale, so made by the Chief of Police or his/her designee, shall pass an absolute title to the purchaser at such sale to the animal so sold and purchased, and such purchaser shall be entitled to a certificate of purchase from the Chief of Police or his/her designee.
[R.O. 2010 §210.080; C.O. 1948 c. 12 §6-8; CC 1970 §4-8]
The proceeds of every sale, after deducting the costs and expenses of taking up, keeping and selling such animals, shall be paid by the Chief of Police into the City Treasury, and the owner of such animals, sold as aforesaid, may appear at any time thereafter, and upon proving title thereto, shall receive a warrant on the City Treasury for the amount paid into the Treasury by the Chief of Police on account of such sale.