A person commits an offense if the person keeps a dangerous
wild animal within the city. It is an affirmative defense to prosecution
for this violation that the dangerous wild animal is kept as part
of a circus, performing animal exhibition, or zoological park, or
individuals keeping wild animals as properly permitted wildlife rehabilitators,
as required by state and federal regulations.
(Ordinance 1089 adopted 7/11/17; 2004 Code, sec. 2.901)
A person commits an offense if the person keeps swine on any
property within the city limits.
(Ordinance 1089 adopted 7/11/17; 2004 Code, sec. 2.902)
Livestock and fowl that are kept, owned or harbored within a
land use zoning classification allowing same shall constitute a nuisance
if any such animal is kept, fenced, stabled, or pastured within 100
feet of an occupied building. The term “occupied building”
as used herein shall mean a building occupied by any person, other
than buildings and structures owned or controlled by the owner of
the animals involved. This section does not apply to “occupied
buildings” constructed after the keeping of any livestock and/or
fowl is in place.
(1) Any
animal of the order Ungulata (such as antelope, deer, bison and camels)
may not be kept on parcels of land of less than five acres and which
are not zoned for agricultural use.
(2) Pigeons
kept for purposes of competition and registered with a recognized
association of pigeon fanciers shall be an exception to this article,
provided that:
(A) A person may not keep more than 20 pigeons at one location.
(B) The enclosure for such birds is maintained in a sanitary and odor-free
condition, and is located no less than 50 feet from an adjacent residential
or commercial structure, excluding the residence or business of the
owner.
(Ordinance 1089 adopted 7/11/17; 2004 Code, sec. 2.903)
For the purposes of this section, fowl shall be limited to female
chickens (hens). A person commits an offense if the person knowingly:
(1) Keeps
or maintains more than four fowl;
(2) Keeps or maintains fowl in an adequate fowl shelter, including the fenced run, at a distance closer than 25 feet of an “occupied building” as defined in section
2.06.003;
(3) Fails to provide an adequate fowl shelter as defined in section
2.01.001;
(4) Keeps
or maintains fowl in the front yard area;
(5) Fails
to provide fowl with fresh, clean water and food;
(6) Fails
to store fowl feed in secure containers protected from rodents, insects
and other animals;
(7) Keeps
or maintains roosters;
(9) Fails to keep or maintain fowl within a fowl shelter, pen, coop or hutch as defined in section
2.01.001. A fenced yard shall not qualify as a pen, coop or hutch;
(10) Keeps or maintains fowl in a manner that creates offensive odors,
fly breeding, or any other nuisance or condition that is injurious
to the public safety, or welfare;
(11) Sells eggs for profit. Any eggs produced by fowl permitted under
this section shall be for personal use only;
(12) Fails to allow an animal control officer to inspect the fowl shelter,
pen, coop, or hutch and related premises.
(Ordinance 1089 adopted 7/11/17; 2004 Code, sec. 2.904)
It is an exception to the application of this article that otherwise
prohibited animals, including swine and other livestock and farm animals,
including sheep, swine, goats, horses and cattle, may be housed, pastured
and fed within the city limits for certain educational purposes at
a high school agricultural facility. The exemption extended above
to high school agricultural facilities shall apply only to facilities
situated upon property that is owned and maintained by a public school
district or a private school. The exception described herein does
not include declared dangerous animals as defined herein or by state
law.
(1) Eligibility to keep certain animals.
In order to keep
any of the animals listed in this section for educational purposes,
the person responsible for the care and feeding of the animal or animals
shall be enrolled as a student in a vocational agriculture course
sanctioned by the state education agency, and such animals must be
maintained by the student as a vocational agriculture project, the
maintenance of which will affect that student’s grade.
(2) Immunizations.
All animals maintained for educational
purposes shall be given any immunizations ordinarily required for
the responsible maintenance of that particular breed and species.
Certification of such immunization shall be provided by the vocational
agriculture instructor upon request by a city inspector.
(3) Certification to be provided on request.
Certification
of any animal as a vocational agriculture project shall be provided
at the request of a city inspector by the vocational agriculture instructor.
(4) Applicability of other ordinances.
The organization,
district, or person in charge of animals exempt under this section
from the other requirements and provisions of this article shall not
be relieved of the operation of any of the other applicable provisions
of this code, including, without limitation, those governing sanitary
conditions, nuisances, and noises.
(5) Enclosures.
Animals used for educational purposes must
be kept within enclosures which may include fences, corrals, barns,
pens, etc., and be sufficient to meet the sanitary standards stated
herein.
(6) Nuisances.
Property owners keeping swine, livestock
or other animals for educational purposes must maintain such animals
in a manner that does not cause a nuisance and create an adverse impact
to neighboring properties. Potential negative impacts on adjacent
properties include odors, noise, drainage, erosion, insects and rodents.
(Ordinance 1089 adopted 7/11/17; 2004 Code, sec. 2.905)