A.
Use of terms. It is intended that the terms "license"
and "permit," wherever used within this article, be synonymous if,
in the interpretation of any part hereof, such synonym is required
to carry out the manifest intent and purpose of this article.
B.
Application. All applications for licenses and permits
shall be made at the Office of the Division of Health during regular
office hours, and the fees for every license or permit shall be paid
in advance at the time of making the application therefor.
C.
Investigation. The granting of any license or permit
may be withheld, at the direction of the Division of Health, pending
examination, investigation or inspection of the person who or the
premises which may be the subject matter of the license or permit
under consideration.
D.
Fee exemptions. No fee for any license or permit issued
under this article shall be required of any person declared by state
law to be exempt from the payment of any such fee.
E.
Transferability; term. All licenses and permits issued
under this article shall be valid only for the balance of the calendar
year in which they are issued, unless otherwise provided in this article.
No such license or permit shall be transferable or assignable.
F.
Issuance. The Division of Health shall evidence the
granting of any license or permit issued by furnishing to the licensee
or permittee a suitable card, sign, placard, disc, plate or other
writing which shall convey information concerning the nature of such
license or permit, the serial number of the same, the name of the
person to whom the same has been issued, the year in which the same
is so issued, the premises so licensed, if that be material or required,
and such other information as the Division may deem pertinent.
G.
Display. Every license and permit issued by the Division
of Health shall be displayed in a conspicuous place in the establishment,
premises or other place for which the same is issued for the period
that such license or permit shall be in force, unless the Division
of Health shall otherwise prescribe.
H.
Suspension.
(1)
Every license and permit issued under this article
may at any time during the term for which the same is so issued be
suspended by the Division of Health or, in an emergency, by the Health
Officer, pending a hearing to be granted the holder thereof, pursuant
to a notice to show cause by the Division why such license or permit
should not be suspended further or revoked.
(2)
No such license or permit shall be suspended unless
the Health Officer shall file with the Division a complaint or charges
evidencing one or more violations of this article under which such
license or permit was originally issued.
(3)
Every suspension ordered under this subsection shall
automatically terminate two weeks from the date thereof unless the
continuance of such suspension shall be ordered by the Division, and
then such suspension shall continue only during the period of any
such continuance so ordered by the Division.
(4)
During the period of any such suspension or ordered
continuance thereof, every license or permit so suspended shall be
ineffective, and the holder thereof shall, during the entire period
of such suspension, cease the operation of any business or discontinue
every activity or use permitted under the license or permit suspended.
I.
Revocation.
(1)
Any license or permit issued under the provisions
of this article may be revoked at any time by the Division of Health
for just cause or if the licensee or permittee or any of the employees,
agents or servants of such licensee or permittee shall violate:
(2)
Before any license or permit may be revoked, the holder
thereof shall be given a hearing and an opportunity to be heard on
the complaint made or violation charged against him.
(3)
The time and place for such hearing shall be fixed
at the discretion of the Division, provided that an unreasonable time
shall not be permitted to elapse between the date of any suspension
of license and the date fixed for the hearing.
(4)
Notice of the time and place of any hearing held under
this subsection shall be given by the Division to the holder of the
license or permit so involved, in writing, and served either personally
or sent to him by registered mail, addressed to him at the address
stated in the license or permit.
(5)
A licensee or permittee who fails to appear at the
time and place fixed for such hearing shall not be entitled to any
further hearing, and in that event, his license or permit may, as
a matter of course, be forthwith revoked.
A.
At least once every three months the Health Officer
shall inspect all establishments licensed under the provisions of
this article. In case the Health Officer discovers the violation of
any item of sanitation, he shall make a second inspection after the
lapse of such time as he deems necessary for the defect to be remedied,
and the second inspection shall be used in determining compliance
with the requirements of this article. Any violation of the same item
of this article shall call for immediate suspension of license.
B.
A copy of the inspection report shall be filed and
kept by the establishment for a period of one year, and the original
shall be filed in the records of the Division of Health.
C.
The person operating the establishment shall, upon
request of the Health Officer, permit access to all parts of the establishment.
A.
Except as otherwise provided in this article, any
person who shall do or commit any act prohibited by the terms of this
article; or do or commit any act for which a license or permit is
required without having secured and being in possession of a valid
license or permit at the time of the doing or commission thereof;
or omit to do or perform any act required by him to be so done or
performed by this article; or maintain any place, establishment, equipment
or article in violation of any of the provisions of this article;
or fail to maintain any condition, equipment or facility required
to be maintained by this article; or fail to install any article of
a particular type, kind, quality or specification where such installation
is required; or in any manner, by deed, act, act of commission or
act of omission, violate any one or more of the provisions of this
article; shall, upon conviction thereof or upon conviction of any
violation of the provisions hereof, be subject to a penalty or judgment
of not more than $500 and, upon conviction and refusal or neglect
to pay the amount of such penalty or judgment, to be committed to
the county jail for a period of time not exceeding 90 days or, if
he shall have been twice convicted within the space of six months
of the violation of this article and due proof of the fact is made,
he may be imprisoned in the county jail or county workhouse for any
number of days not exceeding one day for each dollar of the penalty,
in addition to the imposition of the penalty prescribed above, all
in the discretion of the Municipal Judge or other officer before whom
the complaint shall be brought.
[Amended 12-11-1984 by Ord. No. 1953]
B.
In the event that any violation of this article shall
also be a violation of a state law for which is provided a greater
penalty or judgment than that contained in this section, the Municipal
Judge or trial judge before whom any complaint is brought based upon
such violation shall, in his discretion, have the right to impose,
in the place and in lieu of any penalty provided for herein, that
so provided in the state law which has been so violated.
A.
License or permit required. No person shall keep any
cattle without having first obtained a license or permit.
B.
Fees. The license or permit fee for the keeping of cattle shall be as set forth in Chapter 145, Fees. The fee is intended to be an annual fee, but when paid, shall cover only the balance of the calendar year during which the same is so paid or payable.
[Amended 3-28-1989 by Ord. No. 2202; 10-13-1992 by Ord. No.
2375]
C.
Barn and stable construction to comply with zoning regulations. All barns or stables shall be constructed in accordance with the regulations now or hereafter in force under Chapter 190, Land Use and Development.
[Amended 10-13-1992 by Ord. No. 2375]
D.
Adequate ventilation required. Adequate ventilation
shall be provided in all barns or stables.
E.
Concrete floor. Every stable or barn shall have a
concrete floor.
F.
Removal of manure. Manure from all barns or stables
shall be removed from the premises weekly.
G.
Containers for stable wastes and accumulations. Every
stable or barn shall have a watertight covered container for receiving
and holding stable wastes and accumulations.
H.
Location. No barn, stable, pen or corral shall be
within 100 feet of any dwelling unit or place where people congregate
or within 400 feet of any food or eating establishment or within 10
feet of any property line.
I.
Drainage and seepage pits. Adequate drainage and seepage
pits shall be provided for all liquid wastes.
A.
License or permit required. No person shall keep or
maintain live poultry or fowl, even for noncommercial purposes, without
first having obtained a license or permit for that purpose from the
Division of Health covering the premises intended to be so used.
B.
The license or permit fee for keeping of poultry or other fowl shall be as set forth in Chapter 145, Fees. The fee is intended to be an annual fee, but when paid, shall cover only the balance of the calendar year during which the same is so paid or payable.
[Amended 3-28-1989 by Ord. No. 2202; 10-13-1992 by Ord. No.
2375]
C.
Coops and runs used to confine live poultry. All live
poultry shall be confined in coops or runs.
D.
Construction to comply with zoning regulations. All coops or runs shall be constructed in accordance with the regulations now or hereafter in force under Chapter 190, Land Use and Development.
[Amended 10-13-1992 by Ord. No. 2375]
E.
Location. No coop or run shall be located within 50 feet of any neighbor's
dwelling unit or place where people congregate or within 200 feet
of any food or eating establishment or within 10 feet of any property
line and 10 feet from any dwelling within the property.
[Amended 11-28-2018 by Ord. No. 3681]
F.
Sanitation requirements shall be as follows:
(1)
All coops and runs and the entire surroundings of
all such places shall be kept clean at all times and shall be subjected
to periodic inspection by the Health Officer or his representative.
(2)
Coops and runs shall be disinfected or otherwise treated
when so directed by the Division of Health.
(3)
The floors of all coops shall be kept clean and dry
at all times.
(4)
All of the droppings shall be removed from each coop
and buried, removed from the premises or otherwise disposed of in
a manner approved by the Division of Health at least once each week.
G.
Construction requirements. All coops shall be provided with concrete
floors unless it is a raised coop. A sufficient number of roosts to
provide roosting space for each individual specimen of poultry or
fowl kept in such coop and a sufficient number of properly placed
drop boards beneath each roost to catch all droppings excreted by
such poultry or other fowl while on the roost shall be provided.
[Amended 11-28-2018 by Ord. No. 3681]
H.
Number of specimens kept within a coop in relation to usable floor
space. No person shall keep more than one individual specimen of poultry
or fowl in any coop for each three square feet of usable floor space
including the run within such coop.
[Amended 11-28-2018 by Ord. No. 3681]
I.
Food and food containers. All food for immediate consumption
shall be placed in suitable feeding troughs or similar containers
and all other food shall be stored in ratproof containers at all times.
No poultry food shall be scattered about any premises. Solid, easily
cleanable surface required under feeding area.
[Amended 11-28-2018 by Ord. No. 3681]
J.
Keeping of live poultry for sale. The provisions of
this section shall not be deemed to authorize the keeping of live
poultry for sale or for the preparation for sale.
K.
Noisy fowl. No person shall keep any crowing rooster
or screaming or chattering fowl.
L.
Flying or running at large. No live poultry, pigeons
or other fowl shall be permitted to fly or run at large.
A.
License required. No person shall keep small animals
on any premises within the Village unless a license for that purpose
shall have been first secured from the Division of Health covering
the premises to be so used.
B.
Fee. The license fee for the keeping of small animals shall be as set forth in Chapter 145, Fees. The fee is intended to be an annual fee, but, when paid, it shall cover only the balance of the calendar year during which the same is so paid or payable.
[Amended 3-28-1989 by Ord. No. 2202; 10-13-1992 by Ord. No.
2375]
C.
Grounds for refusal to grant. No license for the keeping
or raising of such small animals shall be granted to any person when
the keeping or raising of such small animals, because of the nature
or characteristics thereof, would be detrimental to the general health
of the residents of the neighborhood of the premises sought to be
so licensed.
D.
Hutch or coop, minimum size. No person shall keep
any small animals in a hutch or coop of a size having less than eight
square feet of floor space and being less than two feet in height
without special permission from the Division of Health.
E.
Sanitation requirements. Each hutch or coop shall
be dry and adequately ventilated and shall be cleaned daily and rebedded
with fresh straw, leaves or other absorbent material.
F.
Location. No hutch or coop shall be less than 50 feet
from any dwelling nor less than 10 feet from all adjoining property
lines.
G.
Animals infected with contagious disease; immediate
destruction; cremation of carcass.
(1)
No person shall keep any small animal infected with
skin mange, coccidiosis, parasitic worms or other diseases contagious
to other animals or human beings, and any such animal so infected
shall immediately be destroyed and the carcass cremated forthwith.
(2)
Destruction or disinfection of hutch or coop. Any hutch or coop wherein such infected animal as described in Subsection G(1), is found and all adjoining hutches or coops shall be destroyed or thoroughly disinfected with a germicide approved by the Division of Health and under the direction of the Health Officer. The provisions of this subsection shall not apply to any small animal under regular professional treatment by a duly licensed veterinarian, but all such provisions shall fully apply when such treatment shall be discontinued without a full cure having been effected or when such veterinarian shall certify that, in his opinion, such cure cannot be effected.
H.
Running at large prohibited. No person shall allow
any small animal to run at large, but the same shall, at all times,
be confined to the premises for the keeping thereof.
