§ 6-43. Livestock.

(a)

Any person raising or keeping livestock in a residentially zoned area as defined by this Code is limited to:

(1)

One livestock per first one-half (½) acre and must keep the animal and the enclosure, shed, or pen no closer than twenty-five (25) feet from adjacent homes, excluding the home of the owner or keeper of the livestock.

(2)

Two (2) livestock per first acre and must keep the animals and the enclosure, shed, or pen no closer than twenty-five (25) feet from adjacent homes, excluding the home of the owner or keeper of the livestock.

(3)

Parcels of two (2) or more acres may keep livestock so long as the livestock and the enclosures or pens are no closer than twenty-five (25) feet from adjacent homes, excluding the home of the owner or keeper of the livestock.

(b)

All persons having horses, or other livestock (as described in this section 6-1 of this code) must obtain a city permit by July 1st of each calendar year, which permits the keeping and maintaining of domestic livestock. Such permit shall grant the animal control officer permission to inspect at any reasonable time during the day the lot or parcel of land on which the horses and other livestock will be contained. Such permit may be revoked or withheld by the animal control officer if:

(1)

The facilities (both land and structures), upon inspection, show that they are inadequate for the number of animals sought to be kept. Such facilities must meet but not be limited to the following requirements:

a.

Adequate food and water must be provided so that each and all animals kept shall be maintained in good health and free of malnutrition and/or dehydration;

b.

The premises shall be kept in sanitary condition and reasonably free of animal waste, parasites, insects, and flies that could be harmful to the animals health and/or the health of the general public;

c.

The premises must provide adequate protection from the common elements, i.e., rain, heat, cold.

(2)

The animals kept were causing a stench odor which is offensive to a person of ordinary sensibilities;

(3)

The animals are maintained in a manner which is dangerous to the health of the animals themselves or adjacent animals;

(4)

The animals are causing noise which is offensive or disturbing to a person of ordinary sensibilities on adjoining, adjacent, or neighboring premises.

(c)

A property owner shall be permitted to maintain a horse or other livestock upon his or her property only if he or she is in the possession of a valid permit issued by the city. Revocation of a permit by the animal control officer will require removal of the animal(s) from the property owner's lot within twenty-four (24) hours.

(d)

In the event that the animal control officer shall identify a violation of this section, the officer may cite the property owner for a misdemeanor violation rather than revoke the permit. At the time that the citation is issued, the animal control officer shall notify the property owner with a list in writing of the violations to be corrected. The animal control officer will re-inspect after ten (10) days to ensure the corrective action has been taken to resolve the violation. At such point in time the animal control officer determines the issuance of a citation has not produced corrective action to eliminate the violation(s) of this section, the animal control officer may revoke the permit.

(e)

If the permit for keeping and maintaining horses and other livestock has been revoked, the property owner must reapply for new permit by making application with the director of the environmental health department after meeting the criteria of this section. The animal control officer will reissue the permit providing that the previously identified violations have been fully corrected.

(f)

The authority of the animal control officer to allow re-issuance of a previously revoked permit shall be subject to the restriction that if any property owner's permit to maintain domestic livestock has been revoked three (3) times previously, it may not be reissued irrespective of subsequent corrective action taken by the property owner.

(Ord. No. 2254, 8-2-04)