[Code 1974, § 3-7; Code 1985, § 5-21; Code 2005 § 14-31]
This chapter shall not apply to dogs or cats.
[Code 1974, § 3-6; Code 1985, § 5-22; Code 2005 § 14-32; Ord. 5-15-23-01]
A.
It shall be unlawful for any person to keep and maintain swine, hogs, shoats or pigs within the city, except as provided in this section.
B.
For purposes of this section, the term "potbellied pig" shall mean Asian Potbellied Pigs, Shar-pei Pigs, Vietnamese, Chinese or Asian Pigs, or other similar swine meeting the provisions of this ordinance.
C.
The keeping of Asian Potbellied Pigs or similar small swine on any lot or premises shall be allowed under the following conditions:
(1)
Each potbellied pig shall be a pet that is to be kept for personal enjoyment and not kept or raised for human consumption.
(2)
Each potbellied pig shall be licensed with the city under such conditions as the animal control division deems appropriate, including, but not limited to, rabies vaccination, if available, and registry through a bona fide registry firm.
(3)
A potbellied pig shall not exceed 150 pounds in weight and 21 inches in height.
(4)
There shall not be more than two potbellied pigs more than three months of age per lot or residence.
(5)
Each male potbellied pig shall be castrated.
(6)
The premises where potbellied pigs are kept shall be cleaned regularly and shall be maintained so that noxious odors are controlled.
D.
The keeping of potbellied pigs for commercial breeding purposes is prohibited in the city.
E.
Nothing in this section shall be deemed to limit or hinder city or state health enforcement personnel from restricting or removing, or requiring the removal of such swine from the city if such an action is deemed necessary to promote or protect the health and safety of the inhabitants of the city. Furthermore, any regulation promulgated by the legislature relating to potbellied pigs or other small swine shall be deemed applicable to any such swine or potbellied pigs authorized by this section.
[Code 1974, § 3-2; Code 1985, § 5-23; Code 2005 § 14-33; Ord. 05-18-2020-02]
A.
It is unlawful for any person to allow or permit any fowl, including but not limited to, chickens, turkeys, pigeons, ducks and geese, or any domestic animals, including but not limited to horses, mules, donkeys, cows, sheep and goats within 150 feet of any dwelling, church, school, house trailer, hotel, motel, grocery store or food service establishment except in a duly established A-agricultural district wherein such distance limitation shall be 40 feet.
B.
However, domestic chickens not to exceed six adults and 14 young under the age of eight weeks may be confined on the premises of a lot(s) zoned for single-family residences upon the issuance of an annual permit by the Animal Control Officer, provided that such chickens shall be housed in buildings and/or pens no closer than 40 feet to any adjacent dwelling, church, school, house trailer, hotel, motel, grocery store or food service establishment and the following conditions are met:
(1)
Any chicken coop, shelter and pen shall provide adequate shelter and space for each bird and adequate water and feed shall be provided; and
(2)
Any coop, shelter, and pen shall have a fully enclosed top designed to secure chickens from predators and the elements and also designed to prevent escapement by the birds.
(3)
Any coop, pen, or shelter shall be of easily cleanable construction and shall be maintained in a sanitary condition not offensive or dangerous to the public health, by routinely cleaning and properly disposing of the droppings; and
(4)
The outside openings of any coop or shelter shall be screened to prevent the spread of disease by flies and vermin; and
(5)
The droppings of any chickens shall not be allowed to accumulate or otherwise be allowed to constitute a nuisance to the public; and,
(6)
It is unlawful for any person to maintain such chickens in a manner as to trespass upon the premises of any other person, or to cause serious annoyance to persons or to the neighborhood by crowing, cackling, squawking, the emanation of offensive odors, or otherwise create a nuisance; and
(7)
No one shall permit or allow any rooster or bantam rooster to be kept within the city limits; and
(8)
At no time shall the owner of any chicken allow it to run at large; and
(9)
The Animal Control Officer shall only issue a permit to keep chickens upon inspection of the proposed coop, pen, or shelter and the completion of an application that shall contain the name, addresses, and signatures of the owner(s) and occupant(s) of the premises where the chickens are to be kept, and a statement by the building official certifying that any enclosure or structure meets required building code and setbacks. Each permit shall be valid from July 1 to June 30 of each year. The city commission shall have the authority to set a fee for this permit by resolution.
[Code 1974, §§ 3-3, 3-4; Code 1985, § 5-24; Code 2005 § 14-34]
A.
Suitable pens or enclosures, substantially erected, shall be provided and maintained for the safekeeping of all fowl or animals within the city.
B.
A minimum of 900 square feet shall be enclosed for a fowl pen and a minimum of 1,500 square feet per animal shall be enclosed for the keeping of any domestic animals.
C.
All enclosures where animals or fowls are kept shall be kept clean and free from filth at all times.
D.
Each enclosure closer than 150 feet of any dwelling, church, school, house trailer, hotel, motel, grocery store or food service establishment shall be sprayed with a suitable residue spray as often as necessary to control flies and other insects.
[Code 1974, § 3-5; Code 1985, § 5-25; Code 2005 § 14-35]
It is unlawful for any owner of any domestic animal or fowl to permit or allow the animal or fowl to run at large within the city.
[Code 1974, § 3-8; Code 1985, § 5-26; Code 2005 § 14-51]
A.
When any animal or fowl named in § 4-11 shall be found at large in the city and not under the control of the owner or keeper thereof, it shall be the duty of the chief of police or his designated officer to seize it and keep it in a safe place temporarily until the owner or keeper thereof may be found.
B.
The chief of police shall make diligent inquiries for the owner or keeper of the animal or fowl and shall return the animal or fowl to the person lawfully entitled thereto when ascertained.
C.
The city shall be entitled to receive from the owner or keeper of any animal or fowl the impounding fees provided by resolution.
D.
Any stray animal or fowl whose owner is not known or whose owner cannot be found shall be disposed of as prescribed in this chapter.
[Code 1974, § 3-9; Code 1985, § 5-27; Code 2005 § 14-52]
A.
The fees to be paid to the city upon redemption of an impounded animal or fowl shall be as established by resolution.
B.
Any person redeeming an impounded animal or fowl shall pay the above fees to the city clerk and present the receipt thereof to the person in charge of the animal shelter before the latter releases the animal or fowl.
[Code 1974, § 3-10; Code 1985, § 5-28; Code 2005 § 14-53]
A.
When any animal or fowl is impounded by the city for a period of five days or longer without redemption thereof by the owner, the chief of police shall give notice by publication one time in a newspaper of general circulation within the city, setting forth therein the date of impoundment, the description of the animal and the date, time and place of sale, which shall be held not less than five days from the date of publication.
B.
Sales shall be for cash to the highest bidder and shall be conducted by, or under the direction of the chief of police. If there is no bid, the chief of police may provide for and conduct another sale if he believes that a bid will be made at a later time; otherwise, after any offering of an impounded animal at a sale without a bidder, he shall destroy the animal, or have it destroyed, in some humane manner.
C.
The purchaser of an animal at a sale held as provided in this section shall acquire absolute title to the animal purchased.
D.
All money received from such sales shall be deposited in the general fund of the city.