(a)
This
article shall not apply to property with a legal nonconforming agricultural
tax exemption.
(b)
It
shall be unlawful for any person to keep livestock within the corporate
limits of the city unless the livestock is being kept in accordance
with the following restrictions:
(1)
Livestock shall be kept on a parcel of land that is at least one
acre in size.
(2)
There shall be no more than one unit (as defined below) of livestock
for the first acre of land. There shall be no more than one additional
unit of livestock for each additional one-half acre of land in the
same parcel. For the purpose of this subsection, units of livestock
shall be defined as follows:
(A)
The following types of livestock shall be counted as one head equals
one unit: horse, stallion, mare, gelding, filly, colt, mule, hinny,
jack, jenny, donkey, llama, and all species of cattle;
(B)
The following types of livestock shall be counted as one head equals
one-half of a unit: all species of swine; and
(C)
The following types of livestock shall be counted as one head equals
one-fifth of a unit: sheep, goat, emu, ostrich and rhea.
(3)
No livestock shall be permitted to graze, forage, or otherwise roam
within 100 feet of any dwelling, residence, or structure used for
human occupancy (other than the livestock owner’s dwelling or
residence).
(4)
Barns, stables, corrals, sheds, pens or other similar structures
where livestock may be housed, fed, or confined, or where food for
livestock is stored, shall not be located within 100 feet of any residence,
business or commercial establishment or office (other than the livestock
owner’s residence, business or commercial establishment or office),
grocery store, school building, church, hospital, nursing home, or
restaurant or other food service establishment.
(5)
Livestock shall be enclosed with adequate fences or barriers that
will prevent such livestock from damaging shrubbery or other property
situated on adjacent property. Such fences or barriers shall be sufficient
to prevent the livestock from escaping the enclosure.
(6)
The owner keeping any livestock shall keep all yards, barns, pens,
stables, sheds or other enclosures in which such animals are confined
in such a manner so as not to give off odors offensive to persons
of ordinary sensibilities in the immediate vicinity, or to breed or
attract flies, mosquitoes or other noxious insects or rodents, or
in any manner to endanger the public health, safety, or welfare, or
to create a public nuisance. All yards, barns, pens, stables, sheds
or other enclosures in which livestock is confined shall be of a size
to allow said animals sufficient space to move freely and not endanger
the health, safety, or welfare of the animal or animals.
(Ordinance 10-003-00 adopted 3/4/10)
It shall be unlawful for any livestock to be at large off the
property of the owner of the livestock. The owner of the livestock
found to be at large shall be responsible for the offense, and no
culpable mental state is required.
(Ordinance 10-003-00 adopted 3/4/10)
Animal control officers are authorized to impound all livestock in violation of sections 4.03.001 and 4.03.002 above, subject to terms and conditions established throughout this chapter.
Livestock will be held by a private contractor, with the owner
being responsible for all impound, transportation, boarding, feeding
and any other expenses incurred in impounding the livestock. All fees
and charges must be paid prior to release of the livestock.
(Ordinance 10-003-00 adopted 3/4/10)
To insure the public safety and to avoid serious accidents,
any livestock that is in danger of getting on a public roadway will
be tranquilized if possible or in extreme cases destroyed by police
officers or animal control officers. If it is necessary to tranquilize
or destroy livestock to prevent property damage or injuries, the city
will not be liable for damages to the owners of said livestock.
(Ordinance 10-003-00 adopted 3/4/10)
