5-4-404 - Permit required for large, small animals—Restriction
A. No person shall keep, own, maintain, use or have in his possession any small animals or large animals within the city except as provided in this chapter.
B. No person shall ride or walk large animals on the private property of another without authorization from the private property owner to do so.
(97-33, Amended, 07/22/1997)
(Ord. No. 13-37, § 2, 11-19-2013)
A. Permits for large or small animals may be obtained from the city after an application for the permit has been filed with and approved by the animal welfare division. The animal welfare division shall approve such application only after determining that the applicant for such permit complies with the requirements for the keeping of such animals as set forth in this chapter and zoning code. Once the premises have been inspected by an animal welfare officer the animal welfare division will coordinate with the city's zoning administrator for zoning approval.
B. The following are exempt from the animal permit requirements of Sections 5-407 et seq. of this code:
1. Areas in excess of five acres inhabited by no more than one single family dwelling unit shall be allowed to keep large animals, if the number of large animals does not exceed one large animal per acre;
2. Publicly owned institutions or public agencies, hospitals, clinics, premises operated by licensed veterinarians for the care and treatment of animals, commercial pet stores and animal shelters;
3. Public sale yards, slaughter pens and meat packing plants;
4. Medical laboratories and educational institutions keeping such animals for medical research, veterinary hospitals, or pet shops keeping such animals for resale; and
5. Owners or keepers of dogs or cats are exempt from the requirement to obtain an animal permit, but where four or more dogs or cats are kept, all other provisions of Sections 5-401 through 5-414 on small animals shall be applicable. All exceptions provided herein must fully comply with all the sanitary provisions of Section 5-410 of this code.
(97-33, Amended, 07/22/1997)
(Ord. No. 13-26, § 11, 8-13-2013)
5-4-406 - Compliance with article required—Revocation of permit
It is the duty of the holder of any permit to maintain and operate the housing and keeping of such animals in such a manner as not to create a nuisance as determined by an animal welfare officer. The presence at any time of more than the limit of any type of animal shall be cause of immediate revocation of permit or legal action.
(97-33, Amended, 07/22/1997)
5-4-407 - Two permits—Fees—Expiration
A. There shall be two classifications of permits that may be issued under the provisions of this article, as follows:
1. Permit for keeping small animals; and
2. Permit for keeping large animals.
B. The permit fees shall be as provided in the fee schedule.
C. All permits issued hereunder shall expire annually on December 31 of each year. There shall be no pro-ration of the fee.
D. Permits for the keeping of large or small animals on areas of less than five acres shall be issued only to the owner or person living on such land.
(97-33, Amended, 07/22/1997)
5-4-408 - Number of animals limited
Except as provided in this chapter, no permit shall be issued, or be valid if issued, for the permitting or keeping within the city a combined total of more than two large animals or twelve (12) small animals, except that no permit may be issued for a combined total of more than two miniature pigs for each household.
(97-33, Amended, 07/22/1997; 96-20, Amended, 02/23/1996)
5-4-409 - Facilities for keeping animals
A. Permits for the keeping of large animals shall be issued only to those applicants who provide facilities for the keeping of such large animals in quarters set out herein, which will confine the large animals within the limits not closer than one hundred (100) feet to the exterior limits of any dwelling resided in by anyone other than the applicant unless such other building is owned by the applicant. Large animals shall be kept in a stall measuring at least six feet wide and twelve (12) feet deep for each large animal. The stall area shall be constructed in a manner as to provide shelter for the animals from inclement weather. In addition, there shall be, adjacent to the stall, a lounging/exercise lot measuring at least fifteen (15) feet wide by twenty-seven (27) feet deep for each large animal.
B. Permits for the keeping of small animals shall be issued only to those applicants who provide facilities for the keeping of such small animals in quarters set out in this chapter, which will confine the small animals within limits not closer than twenty-five (25) feet to the exterior limits of any dwelling resided in by anyone other than the applicant.
(97-33, Amended, 07/22/1997)
5-4-410 - Practices to be observed in the keeping of large or small animals
A. Upon the obtaining of a permit from the city as provided in this chapter, every owner of large or small animal or animals shall observe the following practices:
1. Confine the same in an enclosure sufficient to prevent their running at large. Such enclosure shall be maintained in a clean and sanitary condition at all times, and an approved insecticide shall be used as often as deemed necessary by an animal welfare officer;
2. Provide a shelter or area of a size sufficient to be conducive to good sanitation practices, and he shall provide adequate and sanitary drainage for the shelter or area;
3. Cause the litter and droppings therefrom to be collected daily in a container or receptacle of such a type that, when closed, it is ratproof and flytight, and after each such collection shall cause such container or receptacle to be kept closed. At least twice each week, each such keeper shall cause all litter and droppings so collected to be disposed of in a way as not to permit the presence of fly larvae; and
4. Cause all feed provided to be stored and kept in a ratproof, flytight building, box, container or receptacle.
B. The premises where large or small animal or animals are kept shall be subject to inspection by an animal welfare officer any reasonable hour of the day.
(97-33, Amended, 07/22/1997)
5-4-411 - Keeping not to be a nuisance
It is the duty of the holder of any permit provided for in this chapter to maintain and operate the housing and keeping of such animals in such a manner as not to create a nuisance.
(97-33, Amended, 07/22/1997)
5-4-412 - Refusal on revocation of permit-Review by the city manager
The failure of any owner or keeper of any of such animals to comply with the provisions of or the sanitation standards and requirements established by the city in this article shall be cause for the animal welfare supervisor to refuse to grant a permit for the keeping of such animals, or, if the permit shall have been previously granted to such keeper, shall be cause for the revocation of the same. The decision of the animal welfare supervisor may be subject to review by the city manager if the applicant feels nongranting of permit or revocation of permit to be unjustified.
(97-33, Amended, 07/22/1997)
5-4-413 - Regulations applicable to institutions, hospitals, pet shops, and animal shelters
Animals kept in medical laboratories or educational institutions for medical research, or in veterinary hospitals for treatment, or in pet shops for resale, or in animal shelters shall be kept under the same sanitary conditions prescribed by Section 5-410 of this article.
(97-33, Amended, 07/22/1997)
5-4-414 - Cumulative effect of article
This article shall be cumulative of all other sanitary ordinances or regulations of the city unless in conflict with the terms of such ordinances and regulations, in which case the terms of this article shall prevail.
(97-33, Amended, 07/22/1997)
5-4-415 - Keeping domestic birds, fowls and bees
A. The housing and keeping of domestic birds and bees shall be in such a manner as not to create a nuisance.
B. Facilities for the keeping of domestic birds and fowl shall not be closer than twenty-five (25) feet from the exterior limits of any dwelling resided in by anyone other than the owner. Every keeper of domestic birds or fowl shall confine the same in an enclosure sufficient to prevent their being at large and shall provide a shelter area of sufficient size to be conducive to good sanitation practices, and shall provide adequate sanitary drainage for the shelter or area.
C. Beekeeping shall be allowed in all zoning districts within the city. However, when bees are kept in urban zoning districts (all zoning districts except A-1, A-2 and P-F) the following provisions shall apply:
1. No such beekeeping shall be allowed until the keeper of such bees has registered his beekeeping operation with the city and paid a fee specified in the fee schedule;
2. The density of colonies on any lot may not exceed one colony of bees for each two thousand five hundred (2,500) square feet of lot area;
3. Colonies shall not be located within thirty-five (35) feet of any property line, except:
a. When situated at least eight feet above adjacent ground level; or
b. When situated less than six feet above adjacent ground level and behind a solid fence, wall, dense evergreen hedge or effective equivalent having a height of not less than six feet and parallel to each property line within thirty-five (35) feet of the hive. Such fence shall extend at least thirty (30) feet beyond the hive in both directions or the full length of the property line to which the fence is parallel whichever is the lesser;
4. The beekeeper shall maintain fresh water sources on his lot for his bees during all the times that bees fly from the hives;
5. All colonies shall be maintained in movable frame hives, and mature colonies shall be housed in two full-depth brood chambers; and
6. Each beekeeper shall register his beekeeping operation with the State Board of Agriculture as required by state law.
(97-33, Added, 07/22/1997) Cross reference— Businesses, see Secs. 7-101 et seq.
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