When an application has been filed in due form, the city secretary
shall turn the same over to the city health officer and/or animal
control officer, who shall inspect the facilities wherein the livestock
or poultry is to be kept, and prepare an opinion as to whether the
same are in compliance with the regulations hereinabove provided.
(1997 Code, sec. 90.086)
The city health officer and/or animal control officer may periodically,
on his own initiative, and shall upon written complaint of the county
sheriff’s office or any other resident of the city, make an
inspection as to whether the regulations as hereinbefore provided
are being observed. If he finds that the aforesaid regulations are
violated, he shall prepare and file a statement to that effect with
the city clerk. The city council shall then give ten days’ notice,
by publication, of a hearing. If, after a hearing, the city council
finds the aforesaid regulations have been violated, it shall then
order the permit to be cancelled. In addition to the cancellation
of the permit, charges may be filed in municipal court as provided
in this chapter against any person violating the terms of this division.
(1997 Code, sec. 90.087)
Permits may be granted and allowed to remain in force only when
the regulations as follows are observed:
(1) Livestock
or poultry shall be kept within structures or enclosures and not permitted
to run at large.
(2) To
prevent the same from serving as breeding places for insects and from
emitting noxious odors, manure or dung incident to the maintenance
and care of the livestock or poultry shall be scraped from roosts
and floors and raked from the structures or enclosures within 24 hours
after being dropped or deposited by the livestock or poultry. The
manure or dung so collected shall either be placed and kept in containers
that are watertight and insect-proof until removed, or treated and
kept treated with chemicals that will effectively repel flies and
other insects.
(3) The
structure or enclosure within which any livestock or poultry are confined
shall not be less than 150 feet from any residence and 300 feet from
any hotel, restaurant, or other food establishment, hospital, or business
establishment.
(4) The city council may make exceptions and waive the distance requirements in subsection
(3) above when:
(A) The application for permit includes:
(i) Signed, notarized affidavits from each resident and the owner of
each residence within 150 feet of the enclosure of said livestock
stating that they do not object to said livestock being within those
boundaries of their residence; and
(ii)
Signed, notarized affidavits from the authorized agent of each
hotel, restaurant, or other food establishment, hospital, or business
establishment within 300 feet of the enclosure of said livestock stating
that they do not object to said livestock being within those boundaries
of their hotel, restaurant, or other food establishment, hospital,
or business establishment; and
(B) Said livestock is not in violation of any deed restriction, subdivision
restriction, or zoning ordinance.
(1997 Code, sec. 90.088)