Whoever in the city shall turn any hog, goat, sheep, chicken or any other animal or fowl whatsoever loose on any public place, street or alley, or upon any private property not within his control, or whoever shall permit any hog, goat, sheep, chicken or any other animal or fowl belonging to him to remain loose for any length of time whatsoever upon any public place, street or alley or on any private property not within his control, shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined in accordance with section 1.01.009 of this code.
(Ordinance adopted 6/23/1943; Ordinance adopting Code)
(a)
Distance from occupied buildings.
It shall be unlawful
for any person, firm or corporation to keep any hogs or pigs in the
city within the distance of three hundred feet (300') of any building
or house occupied as a residence or used as a place of business.
(b)
Penalty.
Any person, firm or corporation violating this section, or any part thereof, shall be guilty of a misdemeanor and upon conviction thereof shall be fined in any amount in accordance with section 1.01.009 of this code. Each day such hogs or pigs are kept in violation of this section shall be deemed a separate offense.
(Ordinance adopted 4/4/1950; Ordinance adopting Code)
(a)
Only
domestic fowl such as chickens, pigeons, or ducks may be kept within
the city limits and no more than six of any authorized fowl shall
be kept in any area of the city, unless zoned agricultural.
(b)
All
fowl shall be kept within a pen, coop, or hutch. A fenced yard shall
not qualify as a pen or coop.
(c)
Any
person keeping or harboring any fowl, shall locate any pen, coop,
hutch, or other housing at least 50 feet from any property line or
other residence, excluding the residence of the person keeping or
harboring the animals.
(d)
A
person commits an offense if he possesses or harbors peacocks, pea
hens, guinea fowl, geese, or a live rooster (male of the domestic
fowl) on any premises within the city limits unless zoned agriculture
(e)
No
person shall willfully or knowingly harbor or keep on his premises
or elsewhere any animal or pigeon or fowl of any kind that makes or
creates an unreasonable disturbance of the neighbors or the occupants
of adjacent premises or people living in the vicinity thereof, or
suffer or permit such animal to make or create disturbing noises by
howling, barking, bawling, crowing, or otherwise. A person shall be
deemed to have willfully and knowingly violated terms of this section
if such person shall have been notified by the neighbors or the animal
control officer or any police officer of such disturbance and shall
have refused for a period of 24 hours to correct such disturbance
and prevent its recurrence.
(f)
It
shall be unlawful for any person to maintain any animal, pigeon, or
fowl in such a manner that residents of adjacent or nearby property
are subjected to obnoxious odors.
(Ordinance adopted 8/7/2018)
The following definitions shall apply in the interpretation
and enforcement of this article:
The person or persons designated by the mayor to act for
the city in impoundment of animals, controlling of animals running
at large, and otherwise as provided by this division.
Not under control of the owner or other person authorized
by the owner to care for the animal which is not restrained securely
within an enclosure or fence.
Shall include, but not be limited to, horses, cattle, mules,
and jacks or jennies.
Animals kept or raised for use or pleasure.
Shall include but not be limited to sheep, goats, emus, and
ostriches.
Any person, firm, or corporation owning or controlling any
large or medium livestock.
(Ordinance 990202B, sec. 1.01, adopted 2/2/1999)
(a)
It
shall be unlawful and a misdemeanor for any person to do any act forbidden
or fail to do any act required herein. It shall not be necessary to
allege or prove specific mental intent in order to prosecute such
misdemeanor.
(b)
In
the event that the owner, keeper, or other person advised fails to
comply with notification by certified mail, return receipt requested,
within the period specified, the animal control authority will issue
a citation against the owner in municipal court for violating this
division.
(Ordinance 990202B, sec. 5.01, adopted 2/2/1999; Ordinance adopting Code)
The mayor and/or city council shall designate employees to carry
out the provisions of this division. These employees shall be known
as the animal control authority, and shall have the right to enter
upon any premises within the city, at any reasonable time, for the
purpose of any inspection necessary to ensure that the provisions
of this division are being complied with.
(Ordinance 990202B, sec. 4.01, adopted 2/2/1999)
With the exception of a violation of section 2.03.036 hereof, when the city has reason to believe that any person is violating any provision of this division, the city shall provide written notice to such person, by certified mail, return receipt requested. Such notice shall inform the recipient of the provisions of this division that are being violated, and how such violation can be cured. The notice shall additionally inform the recipient that, unless the violation is cured within ten (10) days from receipt of the notice, a citation will be issued in municipal court.
(Ordinance 990202B, sec. 4.02, adopted 2/2/1999)
(a)
Distance from residences.
It shall be unlawful for any
owner to keep on premises under his control, within the city limits,
any large or medium livestock in such a manner that the livestock’s
primary quarters are closer than 100 feet to any human living quarters,
other than the owner’s or keeper’s living quarters.
(b)
Minimum land area.
It shall be unlawful for any owner
to keep on premises under his control, within the city limits, any
large or medium livestock unless such premises contain a minimum of
one acre of land, and a minimum of one-third (1/3) of that acre is
set aside for the exclusive use of the livestock.
(c)
Number of animals.
It shall be unlawful for any owner
to keep on premises under his control, within the city limits, more
than two large livestock, and one immature livestock under six (6)
months of age. If a combination of large and medium livestock are
kept, for purposes of this section, two medium livestock shall equal
one large livestock.
(d)
Sanitation.
It shall be unlawful for the keeper or owner
of any large or medium livestock to allow to accumulate any quantity
of manure, litter or filth incident to the maintenance of such animal
which becomes the source of offensive odors or a breeding place for
flies and/or other insects or vermin.
(e)
Interference with enforcement.
It shall be unlawful
for any person to willfully interfere with, molest or injure any agent
of the city authorized to enforce the provisions of this division,
or seek to release any large or medium livestock properly in custody
of such authorized agent.
(Ordinance 990202B, sec. 2.01, adopted 2/2/1999)
It shall be unlawful for any person owning or controlling large
or medium livestock to permit such livestock to run at large. No large
or medium livestock shall be permitted to be at large upon any public
street or alley or in any public place, or upon the realty or premises
of another person, within the city. The finding or presence of any
such livestock at large in any public street, alley or road or any
such public place or upon the realty or premises of another person
within the city shall be prima facie evidence that the owner of such
livestock knowingly permitted the same to be in or upon such place
or location at such time.
(Ordinance 990202B, sec. 3.01, adopted 2/2/1999)
(a)
Authorized; notice to owner.
(1)
It shall be the duty of the animal control authority to carry out
the provisions of this division and to take up any large or medium
livestock found at large and confine it in the city animal shelter.
(2)
As soon as possible after any livestock has been impounded at the
city animal shelter, it shall be the duty of the animal control authority
to post a notice at city hall. In case the owner or keeper of such
livestock be known, then, in addition to posting notice as required
herein, it shall be the duty of the employee to notify such owner
or keeper in person, or in writing by certified letter, return receipt
requested.
(b)
Redemption of impounded animals; fees.
(1)
The person entitled to possession of any large or medium livestock
taken up and impounded as provided herein, upon proper application
within the time limits specified in this division, shall be entitled
to reclaim the animal, upon the payment of fees shown below:
(A)
The sum of twenty-five dollars ($25.00) for the first time that any
animal is impounded. Thereafter, each time the same animal is impounded,
the redemption fee shall be twenty-five dollars ($25.00) plus ten
dollars ($10.00) for every time the animal has been impounded. For
example, an animal impounded three times may be redeemed by payment
of fifty-five dollars ($55.00) ($25.00, plus three times $10.00).
(B)
The sum of five dollars ($5.00) for each day, or part thereof, that
the animal is impounded.
(2)
All such fees shall be used to help defray the expense of administration
of this division. Upon payment of such fees, the animal control authority
shall issue a receipt for the amount paid.
(c)
Sale of unredeemed animals.
In the event the owner of
any impounded livestock fails to claim said livestock after a period
of fifteen (15) days from the date of impoundment, said livestock
will be sold to the highest bidder.
(Ordinance 990202B, secs. 4.03–4.05,
adopted 2/2/1999)
