It shall be unlawful for the owner, keeper or person in charge
of any horse, mule, jack, jenny, cow, cattle, sheep, goat or similar
animal to allow or permit the same to run at large within the limits
of the city. Every such animal in this section shall be kept in a
stable, shed, pen or fenced area as provided herein.
(2000 Code, sec. 2.401)
No animals will be allowed to be kept within the city limits in any area which is designated as any type of commercial or industrial area by the zoning regulations in chapter 14 and/or the zoning map of the city.
(2000 Code, sec. 2.402)
In any area within the city limits designated as any residential area by the zoning regulations in chapter 14 and/or the city zoning map, no livestock shall be allowed nearer than one hundred feet (100') from any house, building or structure used, or designed for use, by persons as a residence, and that residence shall be deemed to include the residence of the owner of the livestock.
(2000 Code, sec. 2.403)
For any livestock kept within the city limits in accordance with section 2.05.003, a minimum of five thousand (5,000) square feet of area must be provided for each and every animal contained therein.
(2000 Code, sec. 2.404)
The city council may authorize a variance from the minimum distance and space requirements in sections 2.05.003 and 2.05.004 when, in the city council’s opinion, no harm will result to the neighboring residences in granting the variance or undue hardship will result to the livestock owner from requiring strict compliance. Pecuniary hardship to the livestock owner, standing alone, shall not be deemed to constitute undue hardship. Before a variance may be granted, all interested parties must be given an opportunity to be heard on the matter during a duly advertised public hearing. In addition, all property owners within two hundred feet (200') in every direction of the property in question must be given notice of the public hearing, by certified mail, at least ten (10) days before said public hearing is held. Said notice must contain the date, time, place and specific subject matter of the public hearing.
(2000 Code, sec. 2.405)
It shall be unlawful for any person to stake any livestock for
the purpose of grazing upon or within reach of any public street,
alley, sidewalk or park within the limits of the city.
(2000 Code, sec. 2.413)
It shall be unlawful for any person to keep any animal defined
in this article under any manner or circumstances, whether defined
or not in this article, which cause the spread of germs liable to
produce disease, noxious odors or noise hazardous or dangerous to
the public health as determined by the city health officer.
(2000 Code, sec. 2.414)
The chief of police shall take up or cause to be taken up any
such animals found running at large within the limits of the city
and shall impound any such animals in a suitable place provided for
that purpose.
(2000 Code, sec. 2.406)
The city manager, on or before the first (1st) day of October
of each year, shall appoint a poundmaster and fix a salary therefor,
which salary may include a reasonable allowance for expenses incurred
in connection with the performance of the duties of the poundmaster,
and the city manager may appoint or provide compensation for assistants
and they shall be under the supervision and control of the chief of
police. It shall be the duties of the poundmaster and his assistants
to take up and impound all livestock found running at large within
the limits of the city and to perform such other duties as may be
directed by the chief of police under the terms of this article.
(2000 Code, sec. 2.407)
The chief of police shall, within three (3) days after such
animals have been impounded, post three (3) notices, one at the city
hall, and two in other places, giving therein a full description of
such animals so taken up and impounded and stating a day and place
of sale of such animals, which date of sale shall not be less than
five (5) days from the date of posting notice, and said animals shall
be sold at public auction to the highest bidder for cash.
(2000 Code, sec. 2.408)
The chief of police shall collect a fee as provided for in the
fee schedule found in appendix A of this code per head for taking
up and impounding each animal and a fee as provided for in the fee
schedule per day for feeding and taking care of each animal and a
fee as provided for in the fee schedule per head for selling each
animal, which fees so collected shall be paid over to the city tax
assessor and collector. After deducting the fees for impounding, keeping
and selling each animal, the chief of police shall return the balance
of such sale, if any, to the owner. If the owner fails to call for
said amount within fifteen (15) days from the date of sale, then he
shall pay the same over to the city tax assessor and collector. At
any time within six (6) months after any sale, the owner may apply
to the chief of police, and upon satisfactory proof of ownership he
shall be entitled to receive the amount deposited on account of such
sale, after paying such costs as may be necessarily incurred to establish
his rights thereto.
(2000 Code, sec. 2.409)
The owner of any animal impounded may reclaim the same from
the city pound at any time before sale by paying all fees and expenses
of taking up and keeping such animal.
(2000 Code, sec. 2.410)
The chief of police shall keep a book in which he shall record
a description of all animals impounded, the date of impounding, the
date of sale, the amount realized from the sale, the fees and expenses
due for impounding and keeping the animals, the name of the owner,
if known, and the name of the purchaser.
(2000 Code, sec. 2.411)
At any time within six (6) months from the date of sale, the
owner of any animal impounded and sold under the provisions of this
article shall have the right to redeem the same by paying to the purchaser
thereof double the amount paid by said purchaser for such animal and
his reasonable expenses incurred in keeping the same.
(2000 Code, sec. 2.412)
