It shall be unlawful for any person owning chickens, turkeys,
ducks, geese, guineas, or other fowl to permit such fowl to run at
large within the city limits.
(2001 Code, sec. 2.501)
No person shall maintain fowl within the city limits unless
the following requirements are met:
(1)
There
shall be a minimum of five (5) square feet for each fowl kept in the
city limits. An enclosure shall be provided on the premises which
shall be no closer than one hundred feet (100') to any dwelling. The
enclosure must be of such construction as will allow for ease in cleaning
and airing and kept in such a manner as not to become offensive to
adjacent neighbors or the public. No more than one hundred (100) fowl
may be maintained by any family.
(2)
Each
premises where fowl are kept shall be required to have built an impervious
(e.g., concrete) bin which will act as a storage place for all manure
from such fowl. It shall be covered with an approved cover that will
not allow the ingress or egress of flies and that will prevent any
water (rainwater) from entering it. The bin shall be a minimum of
thirty (30) cubic feet in order to be large enough to compensate for
the weekly collections of manure.
(3)
It
shall be the duty of every person raising, keeping, or harboring any
fowl to keep the premises and/or pen or other enclosure in a sanitary
condition so that it will not become foul or offensive to persons
of ordinary sensibilities residing in the vicinity or breed or attract
flies, mosquitoes or other noxious insects, or in any manner endanger
the public health or safety.
(2001 Code, sec. 2.502)
(b)
Notwithstanding the provisions of section 2.03.082 permitting the keeping of fowl, no person may knowingly own and keep or keep a live rooster on any premises within the corporate limits of the city except as follows:
(1)
The rooster is being raised for exhibition at a fair or livestock
show, provided the owner or person keeping the rooster, if different
from the owner, has given written notice to the animal control officer
of his or her intent to keep and raise the rooster for such period
of time as is necessary to exhibit the rooster in a fair or livestock
show, stating the location (address) where the rooster will be kept,
the length of time the rooster will be kept at said location, the
name and date of the fair or livestock show where the rooster will
be exhibited; or
(2)
The rooster is owned by a medical, educational, or research institution
operating within the corporate limits of the city in compliance with
all city ordinances and state and federal laws; and
(c)
The animal control officer, upon receipt of a completed notice as set forth in subsection (b)(1) of this section, shall acknowledge, in writing, that the requisite notice has been received, with a copy of the notice attached to such acknowledgment and date stamped with the date of receipt.
(e)
A person who owns and keeps or keeps a live rooster within the corporate limits of the city in accordance with subsections (b) and (c) of this section commits an offense if he or she:
(2)
Fails to confine the rooster at all times within an enclosure that
is of sufficient height, width and strength to retain the rooster;
(3)
Confines the rooster to an enclosure that is wholly or partially
located less than 20 feet from any adjacent property line;
(4)
Maintains the enclosure in which the rooster is confined in a manner
that creates offensive odors, fly breeding, or any other nuisance
or condition that is injurious to the public health, safety or welfare;
or
(Ordinance 2010.11.2, sec. 3, adopted 11/9/10)
Any person, firm or corporation that shall violate any of the provisions of this division shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined as provided for in the general penalty provision found in section 1.01.009 of this code. Each day’s violation shall constitute a separate offense.
(Ordinance 2010.11.2, sec. 3, adopted 11/9/10)
