[Ord. No. 120 § 1, 11-8-2011]
As used in this Article, the following terms shall have the
following meanings unless the context clearly indicates that a different
meaning is intended:
LIVESTOCK
Any domestic animal except a house pet.
[Ord. No. 120 § 2, 11-8-2011]
A. Livestock may be kept in the City limits, not in excess
of the following limitations:
1.
One (1) large animal, such as, but not limited
to, a horse, pony, cow, calf, emu, ostrich, rhea, mule or donkey per
forty-three thousand five hundred sixty (43,560) square feet; or
2.
One (1) small animal, such as, but not limited
to, a hog, goat or sheep per twenty-one thousand seven hundred eighty
(21,780) square feet; or
3.
Ten (10) fowl or rabbits per twenty-one thousand
seven hundred eighty (21,780) square feet; or
4.
Five (5) fowl or rabbits per six thousand two
hundred fifty (6,250) square feet.
[Ord. No. 120 § 3, 11-8-2011]
Manure shall not be allowed to accumulate and must be cleaned
up and removed from the property on a regular basis.
[Ord. No. 120 § 4, 11-8-2011]
This Article shall not be construed to require the removal of any livestock that are lawfully located in the City of Ellsinore on the effective date of this Article even though the number thereof exceeds the permitted number under Section
205.220 hereof. Thereafter, each livestock unit may remain until its death or removal for a period longer than thirty (30) consecutive days. Upon the death or removal for a period of longer than thirty (30) consecutive days, the limitations set forth in Section
205.220 hereof shall apply and no livestock in excess of those permitted under Section
205.220 hereof shall be permitted on any lot in the City of Ellsinore.
[Ord. No. 120 § 5, 11-8-2011]
Variances from the requirements of this Article may be granted
for 4H, FFA and other school or civic projects conducted by residents
of the City. The variance, when granted, will state such terms and
conditions as the Board of Aldermen shall prescribe, taking into consideration
the purposes of this Article and the extent to which the requested
variance may defeat the purposes stated herein. Any such variance
will be granted for a stated period of time which shall not exceed
one (1) year. The variance request must be in writing, identify the
property to which the variance will apply, state with particularity
the variance that is requested, be signed by the owner of the property
to which the variance will apply, and state what precautions will
be taken to minimize the conditions this Article seeks to avoid. All
applications for a variance will be considered by the Board of Aldermen
on a case-by-case basis. Any violations of the terms upon which the
variance is granted will be grounds for cancellation of the variance.
Variances will not be granted to board, stable, house or keep an animal
that is not owned by a resident of the City.
[Ord. No. 120 § 6, 11-8-2011]
Any livestock that is kept, maintained, pastured, stabled, corralled
or housed in the City in violation of this Article is hereby declared
to be unlawful and this Article may be enforced by injunction, mandamus
[NOTE: mandamus — a writ issued by a higher court to a lower
court or city to do something], abatement or any other action in law
or in equity to prevent, enjoin, abate, correct or remove such unlawful
use or condition.
[Ord. No. 120 § 6, 11-8-2011]
Any person, firm or corporation violating any provision of this Article shall be punishable as set forth in Section
100.220 of this Code, and a separate offense shall be deemed committed on each day during or on which a violation occurs or continues.
[Ord. No. 120 § 7, 11-8-2011]
Should any sentence, paragraph clause or provision of this Article
be held invalid, unconstitutional or unenforceable as applied to a
particular person, property or livestock, the same shall not be construed
to affect any other valid portion of this Article, but all valid portions
hereof shall remain in full force and effect.