(a)
Nuisances.
Whenever any stable, stall, shed or apartment
or any yard or appurtenance thereto in which any horse, cattle, cow,
hog or other animal is kept or any place within the corporate limits
of the city in which manure or liquid discharge of such animals shall
collect and accumulate and which stable, stall, shed or apartment
or any yard or appurtenance thereto is not kept in a clean and sanitary
condition or is permitted to remain a condition which would constitute
a breeding place for flies, or is not kept in a clean and sanitary
condition so that offensive smells, odors or fumes escape therefrom,
it shall be deemed a nuisance, subject to abatement; provided that
nothing in this section shall be so construed as to include manure
deposits upon private property for the purpose of cultivation or to
be used as fertilizer.
(b)
Lot size requirements for keeping certain animals.
No
person shall keep any horse, pony, sheep, goat, bovine, mule or other
equine animal on a lot in a recorded subdivision, or in the original
town, of less than one acre per animal (excluding the property the
residence is located upon) in size, after the effective date of this
amendment to Ordinance No. 96-1226. Any person who has kept any such
animal that was not in violation of Ordinance No. 96-1226 on the date
of this amendment shall be allowed to keep those same animals. At
any time should one or more of those such animals be removed from
the property for more than seven (7) consecutive days, then this amendment
to Ordinance No. 96-1226 shall apply. Notwithstanding such person’s
right to keep those animals, if the same should be considered a nuisance
in accordance with Ordinance No. 96-1226, prior to this amendment,
then the same shall continue to be a nuisance, and such matters will
be considered a nuisance in accordance with such Ordinance No. 96-1226
as drafted prior to this amendment.
(2003 Code, sec. 4.86; Ordinance
2007-0222 adopted 2/22/07)
Whenever the animal control supervisor and his or her designated
representative has good reason to believe that a nuisance exists upon
any property where livestock or fowl are kept, maintained or exist,
or has good reason to believe that a nuisance which is detrimental
to the health of people in the vicinity or to the public health exists
upon any property within the corporate limits of the city, he or,
at his discretion, his duly authorized representative is authorized
and directed to enter and inspect any such premises, including but
not limited to any yard, stable, stall, shed, pen, fenced enclosure,
outhouse, privy or toilet, to determine whether a nuisance in fact
exists upon any such premises. If any nuisance is found to exist on
any such premises, the same shall be subject to abatement in any manner
provided by law or ordinance of the city.
(2003 Code, sec. 4.87)
The running at large of horses, mules, jacks, jennets, cattle,
sheep, goats or hogs within the city is hereby declared a nuisance,
and it is hereby made unlawful for the owner or keeper of any such
animal to permit the same to run at large within the corporate limits
of the city.
(2003 Code, sec. 4.88)
If any animal named in this article is found upon the premises
of any person, the owner or occupant of the premises shall have the
right to confine such animal until he can notify the city enforcement
agent or poundkeeper to come and impound it, provided such notice
is given in a reasonable time. When so notified, it shall be the duty
of such officer to at once cause such animal to be impounded as provided
in this article.
(2003 Code, sec. 4.89)
The city enforcement agent, the chief of police, any policeman
or other person designated by the chief of police, city manager or
city council shall take up and impound any animal found running at
large within the city limits in violation of this article.
(2003 Code, sec. 4.90)
The owner of any animal impounded under the provisions of this article may redeem the same before it is sold by paying the fee as set out in section 2.01.005 of this code.
(2003 Code, sec. 4.91)
The city enforcement agent shall sell animals impounded under
the provisions of this article at auction for cash, after giving public
notice of the time, terms and place of sale in a weekly newspaper
published in the city at least five (5) days prior to such sale, such
notice to describe the animal impounded and to state that the same
will be sold to defray costs if it is not reclaimed and the costs
paid before the day of sale. If not reclaimed by such day, he shall,
between the hours of 10:00 a.m. and 4:00 p.m. on such day, sell the
animal at public auction to the highest bidder and, after deducting
all the expenses of the sale and taking up and keeping of such animal,
shall return the balance of the proceeds, if any, to the owner of
the animal. If no owner shall call for the animal within thirty (30)
days from the day of sale, such balance shall be paid into the city
treasury. At any time within six (6) months after the sale, the owner
may apply to the Code of Ordinances board, and upon satisfactory proof
of his ownership he shall be entitled to receive the amount paid into
the treasury on account of such sale.
(2003 Code, sec. 4.93)
If any animal impounded under the provisions of this department
[this article] cannot be sold as provided in the preceding section,
it shall be forthwith destroyed or given to a suitable person or a
humane group for adoption.
(2003 Code, sec. 4.94)
The animal control supervisor and his or her designated representative
shall keep a book giving the description of all animals impounded
by him, the date of impounding, the date of sale, the amount realized
for such animal and the name and address of the purchaser.
(2003 Code, sec. 4.95(C))
The owner of any animal impounded under the provisions of this
article may redeem the same after it has been sold by paying to the
purchaser double the amount bid by him for such animal and his reasonable
expenses for keeping the same; provided that the owner so redeems
the animal within thirty (30) days after the date of sale; otherwise
the animal becomes the absolute property of the purchaser.
(2003 Code, sec. 4.96)
