CITY OF LOWRY CROSSING ORDINANCE NO. 309

Transcription

1 CITY OF LOWRY CROSSING ORDINANCE NO. 309 AN ORDINANCE OF THE CITY OF LOWRY CROSSING, TEXAS, REPEALING AND RESTATING THE ANIMAL CONTROL ORDINANCE OF THE CITY OF LOWRY CROSSING CODIFIED AS CHAPTER 2, ANIMAL CONTROL, OF THE CODE OF ORDINANCES TO ADOPT COMPREHENSIVE REGULATION OF ANIMALS; REQUIRING THAT ANIMALS BE KEPT UNDER RESTRAINT AND PROVIDING FOR THE CONFINEMENT OF ANIMALS WHICH HAVE BITTEN PERSONS OR OTHER ANIMALS; PROVIDING A SYSTEM OF RABIES CONTROL; REGULATING ANIMAL CARE AND PROHIBITING INHUMANE TREATMENT OF ANIMALS; PROHIBITING THE KEEPING OF WILD ANIMALS; PROHIBITING EXCESSIVE ANIMAL NOISE; PROHIBITING EXCESSIVE ANIMAL WASTE ACCUMULATION; ADOPTING STATE REGULATIONS REGARDING DANGEROUS DOGS; DECLARING CERTAIN ACTS TO BE UNLAWFUL; PROVIDING FOR THE ENFORCEMENT OF THIS ORDINANCE BY THE ANIMAL CONTROL AUTHORITY; PROVIDING A PENALTY; PROVIDING REPEALER, SAVINGS AND SEVERABILITY CLAUSES; AND PROVIDING FOR PUBLICATION AND AN EFFECTIVE DATE. WHEREAS, the City of Lowry Crossing, Texas ( City ) is a Type A general law municipality pursuant to the laws of the State of Texas; and WHEREAS, the safety, peace and comfort of its citizens and community are a top priority; and WHEREAS, the City previously adopted Ordinance Nos. 157 and No. 214, codified as Chapter 2, of the Code of Ordinances, to adopt comprehensive regulation of animals; and WHEREAS, the City Council finds and determines that it is in the best interest of the City to repeal and restate said ordinances to adopt comprehensive regulation of animals for the peace, health and safety, and public welfare of its citizenry. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LOWRY CROSSING, TEXAS: Section 1. Incorporation of Recitals. The above and foregoing recitals are true and correct and are incorporated herein and made a part hereof. Section 2. Repeal and Restatement. Ordinance No. 157 and No. 214, codified as Chapter 2, of the Code of Ordinances, are hereby repealed and restated entirely as follows: CHAPTER 2 ANIMAL CONTROL Page 1 of 32

2 Sec Definitions ARTICLE 2.01 GENERAL PROVISIONS As used in this chapter, the following terms are defined as set forth below: Abandon. To leave unattended for more than seventy-two (72) hours or without making reasonable arrangements for assumption of custody by another person. Animal. Any living creature, including but not limited to dogs, cats, cows, horses, birds, fish, mammals, reptiles, insects, fowl, and livestock, but specifically excluding human beings. Animal control authority. Means the individual employed, contracted with, designated or appointed by the city for the purpose of enforcing the provisions of this chapter and state laws relating to the health, care, and safety of animals. This term also includes employees or agents of the animal control authority acting on the animal control authority s behalf. Animal shelter. A facility that collects, impounds, or keeps stray homeless, abandoned, or unwanted animals and operates in compliance with state law. Animal units. Animal units (AU) are used in the permitting, registration and the environmental review process because they allow equal standards for all animals based on size and manure production. An AU is calculated by multiplying the number of animals by an animal unit factor for the specific type of animal. When more than one type of animal is planned for a property, the AU is the sum of the AU for each type of animal. Apiary. Means any place where one (1) or more colonies of bees are located. At-large. An animal shall be deemed to be at large when it is off the property of its owner or the private property of another with permission, and not under the physical restraint (as defined in this section) of a person. Beekeeper. A person who owns or has charge of one (1) or more colonies of bees. Beekeeping equipment. Anything used in the operation of an apiary, such as hive bodies, supers, frames, top and bottom boards, and extractors. Carcass The dead body of an animal. Carrion The decaying flesh of dead animals. Cat. All species or varieties of Felis catus, male or female. Colony. Bees in any hive including queens, workers, or drones. Page 2 of 32

3 Cruelly treat. Includes the following: torture, seriously overwork, unreasonably abandon, unreasonably deprive of necessary food, care, or shelter, cruelly confined, caused to fight with another animal, or subjected to conduct prohibited by Section 21.09, Penal Code. Dam. A female parent of an animal. Dangerous dog. For the purpose of and procedures for identifying, declaring, and regulating dangerous dogs, the City declares that it follows the provisions of the Texas Health and Safety Code section 822, subchapters A and D, as amended. A Dangerous dog means any dog that, according to the records of the appropriate authority: (1) Makes an unprovoked attack on a person that causes bodily injury and occurs in a place other than an enclosure in which the dog was being kept and that was reasonably certain to prevent the dog from leaving the enclosure on its own; or (2) Commits unprovoked acts in a place other than an enclosure in which the dog was being kept and that was reasonably certain to prevent the dog from leaving the enclosure on its own and those acts cause a person to reasonably believe that the dog will attack and cause bodily injury to that person; or (3) Any dog that the animal control authority has deemed dangerous. Dangerous wild animal. Any animal defined as a dangerous wild animal the Texas Health and Safety Code section , as amended, and the following: (1) A lion; (2) A tiger; (3) An ocelot; (4) A cougar; (5) A leopard; (6) A cheetah; (7) A jaguar; (8) A bobcat; (9) A lynx; (10) A serval; (11) A caracal; (12) A hyena; (13) A bear; (14) A coyote; (15) A jackal; (16) A baboon; (17) A chimpanzee; (18) An orangutan; (19) A gorilla; or (20) Any hybrid of animal listed in this definition. Dog. All members of Canis familiaris, male and female. Page 3 of 32

4 Euthanasia/Euthanize. The act of causing the death of an animal by a method that complies with the applicable methods, recommendations, and procedures as set forth in the American Veterinary Medical Association Guidelines for the Euthanasia of Animals. Harboring of animals. The permanent or temporary keeping, caring, and raising of an animal, including but not limited to, feeding and providing water for the animal. Hive. A frame hive, box hive, box, barrel, log, gum skep, or other artificial or natural receptacle which may be used to house bees. Honeybee. The common honeybee, Apis mellifera species, at any stage of development, but not including the African honeybee, Apis mellifera scutellata species, or any hybrid thereof. Impoundment. To seize and take custody of an animal by the animal control authority, law enforcement officer, or veterinarian. Kennel. Any lot, building, structure, enclosure, or property wherein five or more dogs, five or more cats, or five or more dogs and cats in the aggregate are kept or maintained at any time for the purpose of engaging in the business of boarding, breeding, buying, letting for hire, training for a fee, or selling dogs and/or cats. The term kennel does not include a grooming parlor where no animals are kept overnight, or a veterinary clinic. Law enforcement officer. Any peace officer as defined in the Texas Code of Criminal Procedure article Local Rabies Control Authority. The officer designated to act as the local rabies control authority for the purposes of enforcing the Local Rabies Control Act of Litter. The group of offspring born at the same time from a multiparous animal. Livestock. Horses, mules, cattle, poultry, hogs, goats and sheep of any and all kinds, fallow deer, llamas, alpacas, emu s and ostriches, and shall include both the male and female species of such animals. Mason bee. The common mason or blue orchard bee in the genus Osmia, of the family Megachilidae. Multiple pet owner. A person who keeps or harbors more than five dogs, five cats or any combination of five dogs and cats that are older than sixteen (16) weeks. Owner. A person who owns or has custody or control of an animal. Person. Any individual, firm, association, partnership, or corporation or any other legal entity. Police animal. Any animal used by a law enforcement agency or its officers in the administration of official duties. Page 4 of 32

5 Prohibited animal. An animal not normally considered domesticated, including, but not limited to, a venomous lizard, poisonous snake, raccoon, skunk, fox, bear, elephant, kangaroo, monkey, chimpanzee, antelope, white tail or mule deer, any protected, threatened, or endangered species as defined by the state parks and wildlife commission and the U.S. Fish and Wildlife Service, or any other wild animal capable of, or included to do, serious bodily harm to humans, or animals or fowl. Proper enclosure of a dangerous dog. Secure enclosure of a dangerous dog means a fenced area or structure that is: (1) Locked; (2) Capable of preventing the entry of the general public, including children; (3) Capable of preventing the escape or release of a dog; (4) Clearly marked as containing a dangerous dog; and (5) In conformance with the requirements for enclosures established by the local animal control authority. Property. Property a person is entitled to possess or occupy under a lease or other agreement, or because of ownership. This includes the land, together with any buildings or structures situated thereon, a residence or a dwelling. Quarantine. Means strict confinement of an animal under restraint by closed cage or paddock, on private premises approved by the animal control authority. Rabies. Means an acute viral disease of man and animal affecting the central nervous system and usually transmitted by an animal bite. Restraint. Means (a) when on an owner s property, to control an animal by physical means sufficient for that animal so that it remains on the premises of the owner so long as the restraint does not violate the terms of Section Animals at-large ; or (b) when off an owner s property, by means of a cage, or leash, or rope under the direct control of a person; or (c) within a vehicle being driven or parked on the streets. Sanitary. Means keeping property in a condition as to not negatively impact the hygiene and health of the community, by using measures to guard against infection or disease. Secure. Means to take steps that a reasonable person would take to ensure a dog remains on the owner's property, including confining the dog in an enclosure that is capable of preventing the escape or release of the dog. Serious bodily injury. Means an injury characterized by severe bite wounds or severe ripping and tearing of muscle that would cause a reasonably prudent person to seek treatment from a Page 5 of 32

6 medical professional and would require hospitalization without regard to whether the person actually sought medical treatment. Stray animal. Means roaming with no physical restraint beyond the premises of an animal s owner or keeper. Unprovoked. An action by an animal that is not in response to be tormented, abused, teased or assaulted by any person; in response to pain or injury; or in protection for itself or its food, kennel, immediate territory or nursing offspring. Vaccinated. Properly injected with a rabies vaccine licensed for use in that species by the United States Department of Agriculture and administered by a veterinarian licensed to practice in the state in an amount sufficient to provide an immunity. Veterinarian. A person licensed to practice veterinary medicine. Vicious animal. Any individual animal that has on two previous occasions, without provocation, attacked or bitten any person or other animal, or any individual animal which the local health authority or his representative has reason to believe has a dangerous disposition likely to be harmful to humans or other animals. Weaning. Means the process of removal of the offspring from the dam as a source of nutrition and conditioning. Wild animal. Includes all species of animals that commonly exist in a natural unconfined state and are usually not domesticated. This shall apply regardless of state or duration of captivity. The term shall include but is not limited to: foxes, panthers, wolves, alligators, crocodiles, apes, elephants, rhinoceroses, and all forms of poisonous or constricting reptiles, and other like animals. This term is also inclusive of the definition in section 822 of the Texas Health and Safety Code. Sec Enforcement (a) Enforcement of this chapter shall be the responsibility of the animal control authority; (b) The animal control authority shall have the authority to issue citations for any violation of this chapter; (c) If a person cited is not present, the animal control authority may send notice of violation to the alleged offender by registered or certified mail or may place the notice on the front door of the offender s residence; (d) The animal control authority, after being refused access to a building, structure, or property, or any part thereof, shall be authorized to obtain a search and seizure warrant if the animal control authority is able to demonstrate probable cause to believe that there Page 6 of 32

7 may be a violation of this chapter, or that there is a need to inspect and to verify compliance with this chapter or any permit or order issued hereunder, or to protect the overall public health, safety and welfare of the community. (e) It shall be unlawful for any person to interfere with the animal control authority in the performance of his/her duties; (f) The animal control authority shall have the authority to cause an animal to be impounded in accordance to the provisions of this chapter; (g) The animal control authority shall have the authority to use a tranquilizer gun in the lawful discharge of his/her duties; and (h) Police animals are exempt from the provisions of this chapter. Sec Fees All fees for transporting animals, impoundment or quarantine of animals (including daily handling costs), disposal of animals, or permit fees are stated on the schedule of fees adopted by the City and used by the animal control authority. Sec Animals at-large ARTICLE 2.02 CARE AND CONTROL (a) It shall be unlawful for any person to allow an animal possessed, kept or harbored, other than a cat, to go beyond the property line of where the animal is harbored unless the animal is under the physical restraint of the owner, or a person authorized by the owner, by leash, cord, chain, rope, or enclosed animal carrier; (b) Upon the complaint to the animal control authority that a cat has caused a nuisance or hazard to the health or welfare of the human or animal population, a law enforcement officer may determine such cat to be at-large as defined in this chapter; (c) The animal control authority is authorized to impound any animal found to be at-large; (d) The animal control authority is authorized to pursue animals onto private and public property for the purpose of impounding animals that roam at large in violation of this chapter. Sec Treatment of Animals, Food, Water, and Shelter (a) It is unlawful for a person to cruelly treat an animal or to treat an animal in an inhumane manner; (b) A person shall provide necessary food and water to an animal in his charge or custody; Page 7 of 32

8 (c) It is an offense to abandon an animal without making adequate arrangements for the treatment and care of the animal; (d) A person shall provide shelter for animals, other than pastured livestock, that provides protection from the elements, in compliance with all City Codes regulating zoning and accessory structures; (e) A person commits an offense if the person leaves a dog outside and unattended by use of a restraint that unreasonably limits the dog s movement: (1) Between 10 p.m. and 6 a.m.; (2) Within 500 feet of any school property; (3) In the case of extreme weather conditions, including: a. Outdoor temperature below 32 degrees Fahrenheit; b.a heat advisory has been issued; or c. A tropical storm or tornado warning has been issued. (4) A restraint unreasonably limits a dog s movement if: a. It involves a pinch-type, prong-type, or choke-type of collar; b.is shorter than 10 feet; c. Creates an unsafe condition; or d.causes injury to the dog. (f) A person commits an offense if the person restrains an animal in a manner that prevents the animal from accessing adequate shelter, food, and water; or in such a manner that the animal could become entangled or injured; (g) It shall be unlawful for a person to confine an animal in such a manner that prevents the animal from being able to stand to its full height, to stretch out, to turn around and lie down, or to make normal postural adjustments comfortably for an unreasonable amount of time; (h) It shall be unlawful for a person to confine an animal in such a way that the animal is forced to stand or lay in its own feces, urine, standing water, or other unsanitary conditions; and (i) It shall be unlawful for a person to confine an animal in a parked or standing vehicle, a trailer, or an enclosure under such circumstances and for such a time as to endanger the animal's health, safety, or welfare. Law enforcement officers or the animal control authority may, after attempting to locate the animal's owner, remove the animal from a vehicle or enclosed space using any reasonable means, including breaking a window or lock. If professional services are required to remove the animal, the owner is responsible for the cost. Law enforcement officers or the animal control authority who removes an animal from a vehicle or enclosed space in accordance with this subsection is not liable for any resulting property damage. Page 8 of 32

9 Sec Rabies vaccination requirements for dogs and cats (a) The City hereby adopts Chapter 826, Texas Health and Safety Code, entitled Rabies Control Act of 1981 in its entirety. (b) The City hereby appoints the animal control authority as the local rabies control authority for the municipality. (c) The owner, keeper, or harborer of any cat or dog within the limits of the City commits an offense if the person possesses a cat or dog that is older than 16 weeks of age if that cat or dog does not have a current and unexpired rabies vaccination. (d) The owner, keeper, or harborer of any cat or dog within the limits of the City commits an offense if the person is unable to provide a current and valid owner vaccination certificate when requested by the animal control authority. (e) For purposes of enforcing this section, any person who has control of a cat or dog or an person who lives in the same residence as the cat or dog may be presumed the owner, keeper, or harborer of the cat or dog. (f) It is a defense to prosecution if the owner, keeper, or harborer of any cat or dog provides evidence that the cat or dog had current rabies vaccination, by a licensed veterinarian, on the day of the offense. Sec Maximum number of animals per property (a) It shall be unlawful for any person to harbor more than five (5) dogs or cats over the age of sixteen (16) weeks, or any combination thereof, on any one (1) property that is one (1) acre or less within the City. (b) For properties greater than one (1) acre, a person may only harbor five (5) dogs or cats over the age of sixteen (16) weeks, or any combination thereof, unless the person has a valid and current multiple pet owner permit granted in accordance with this chapter. (c) A person with a valid and current multiple pet owner permit may not harbor more dogs, cats, or combination thereof than permitted by the permit. (d) An animal shelter in compliance with all State laws, including duly trained animal control officers, inspected by licensed veterinarians, and in compliance with all regulations for housing and sanitation; and in compliance with all local regulations, including the City s Comprehensive Zoning Ordinance, as amended, is exempt from this section. (e) It is an affirmative defense to prosecution that a person was temporarily providing shelter for a dog or cat, defined as no more than fourteen (14) days within a one-month period, because of a force majeure such as war, strike, riot, tornado, flood, earthquake, or other unforeseen superior force. Page 9 of 32

10 Sec Defecation of animals on public or private property It shall be unlawful and an offense for any person to fail to promptly remove and dispose of, in a sanitary manner, feces left by a dog, cat, or other animal being owned, handled, or controlled by that person: (a) Upon a public area, including but not limited to walks, parks, recreation areas, sidewalks, parkways, public streets, alleys, school grounds, any common areas of an apartment house, or any common area of an office or commercial building; or (b) Upon private property other than the property of the owner, handler or controller of such animal. Sec Sanitary conditions It shall be unlawful for any person in the City to allow property upon which an animal is kept to become unsanitary, a danger to human health, allow for the spread of disease or infection, or create a breading ground for insects and rodents. Sec Animal nuisances. A person commits an offense if he or she allows an animal nuisance to exist within the City. Animal nuisances are those conditions that cause inconvenience, hazards, or annoyance to a person of reasonable sensibilities. The following items are hereby declared animal nuisances: (a) Harboring an animal in a manner that violates city zoning regulations; (b) Harboring an animal in violation of this Chapter; (c) Allowing an animal, other than a cat, to roam beyond the boundaries of a person s property; (d) Keeping any animal within the city limits that cause frequent, excessive, or long continuous noise including, but not limited to, barking, whining, crying, meowing, crowing, howling, or other animal-related noise that interferes with the public peace and comfort of any person of ordinary sensibilities; a. It shall serve as prima facie evidence of a violation of this section for a person to allow an unprovoked animal to cause noise in violation of the city s noise ordinance or in excess of fifteen (15) minutes. (e) Harboring animals in a manner as to be offensive through a lack of maintenance; (f) Allow any pen, enclosure, yard, or other place used for the keeping of animals to become unsanitary, offensive by reason of odor, or a visual nuisance; (g) To create a condition that is favorable for disease; Page 10 of 32

11 (h) To create any condition that is a breeding ground for fleas, ticks, insects, rodents, or other vectors; (i) Allowing cats to jump on, damage, dig in, deposit feces, or in any way interfere with property belonging to other persons, including automobiles and gardens; (j) Allowing dogs to chase vehicles or persons on the public roadways or sidewalks within the city; (k) Allowing the carcass or carrion from an animal to remain on property; or (l) Allowing an accumulation of feces or other animal byproducts to accumulate on property in such a manner that offends a reasonable person with ordinary senses ARTICLE 2.03 MULTIPLE PET OWNER PERMIT Sec Permit required No person shall keep or harbor more than five dogs, five cats, or combination of five dogs and cats without obtaining a multiple pet owner permit. For purposes of this section, a maximum of one litter of puppies or kittens less than sixteen (16) weeks of age may be excluded from the count. Sec Standards A residential dwelling for which a multiple pet permit is issued shall comply with all of the following: (a) Animals must be kept on a lot that exceeds one acre in size, or two adjacent lots that exceed one acre in the aggregate; (b) Lots that are less than one acre in size are not eligible for a multiple pet owner permit pursuant to this section; (c) Shall be kept in a sanitary condition at all times to allow for healthy conditions and treatment of each animal, free from waste, parasites, insects, and flies that could be harmful to an animal s health and/or to the health of the general public; (d) Shall be free of odor or stench which would be offensive to a person of ordinary sensibilities; (e) Shall be subject to inspection by an authorized representative of the city at reasonable times to determine compliance with the provisions of a multiple pet owner permit, this article, and any applicable law, rule or regulation; Page 11 of 32

12 (f) Adequate food and water shall be provided at all times for all animals, so that each animal is maintained in good health and free from malnutrition and/or dehydration; (g) The animals must be maintained in a manner that does not pose a danger to the health of the animals themselves, or to animals on adjacent property; (h) The animals must not cause noise that is offensive or disturbing to a person of ordinary sensibilities, including continuous noise for longer than fifteen (15) minutes; (i) Must provide proper and adequate protection from the elements, that is, rain, heat, cold, and similar elements. Sec Issuance of permit; conditions; revocation A multiple pet owner permit may be issued in accordance with and subject to the following: (a) Application. Any person the age of eighteen years or older who desires to keep or harbor more than five (5) dogs or cats, or any combination thereof, in a residential dwelling may apply for a multiple pet owner permit from the city. The application shall be submitted to the City Secretary on a form provided by the city, which form shall include, among other things, the following (and each of the following shall remain true and correct at all times following the issuance of the permit and while the person is a multiple pet owner): 1. A statement by the applicant that all dogs and cats that are sixteen (16) weeks of age or older will be at all times fully vaccinated against rabies and dewormed; 2. A statement that the applicant understands and agrees that the residential dwelling with respect to which a permit is issued may be inspected by an authorized representative of the city at reasonable times to determine compliance with the provisions of a multiple pet owner permit, this article and any applicable law, rule or regulation; 3. A statement that the applicant acknowledges and understands the provisions of this article (as existing or as may be amended from time to time) and will abide by and comply with the same at all times; 4. The applicant shall not have been issued citations for violation of this article on two (2) separate occasions, or animals covered by or to be covered by the permit have not been impounded on two (2) separate occasions. (b) Inspection of property; issuance or denial. 1. The city s animal control authority shall, within ten (10) days of the receipt by the City Secretary of the application that has been fully completed, review the application and inspect the property which is the subject of the application. If the application, and the property following inspection by the city, are determined to comply with the requirements set forth herein and all of the provisions set forth in this article, the city s animal control authority shall issue a multiple pet owner permit. Page 12 of 32

13 2. If a permit is denied, the applicant may appeal the denial by filing with the City Secretary, within ten (10) days following the date that the applicant receives notice of the denial, a written appeal of the denial to the city council. The city council shall schedule consideration of the appeal within a reasonable period of time, but in any event not later than thirty (30) days after the date the written appeal is received by the City Secretary. If an appeal is filed, the decision of the city council regarding the application for a permit shall be final. (c) Duration; transfer; fee. A multiple pet owner permit shall be valid for a period of one (1) year from the date of its issuance. A multiple pet owner permit is not transferable or assignable and is limited to the property for which it is issued. No permit fee is required. (d) Revocation; reinstatement. 1. Once issued, a multiple pet owner permit may be revoked by the city s animal control authority if the officer determines that: (i) Any of the animals kept or harbored pursuant to the multiple pet owner permit repeatedly or regularly cause a stench or odor which is offensive to a person of ordinary sensibilities; (ii) Any animal kept or harbored pursuant to the multiple pet owner permit is kept or harbored in a manner which is dangerous to the health of the animal or to any other animal, including, without limitation, depriving an animal of necessary food, care or shelter or the cruel treatment of any animal; (iii) Any animal kept or harbored pursuant to the multiple pet owner permit repeatedly or regularly causes noise which is offensive or disturbing to a person of ordinary sensibilities on adjoining, adjacent or neighboring property, including noise that continues for fifteen minutes; (iv) Unsanitary conditions exist at the property applicable to the multiple pet owner permit to such an extent that those conditions create a possible medium of the transmission of disease to the animals kept there or to human beings; or (v) The property applicable to the multiple pet owner permit are not regularly maintained in accordance with the terms of the multiple pet owner permit and this article. 2. Prior to revocation, written notice shall be given to the permittee. Such notice shall set forth: (i) The grounds upon which the city will seek revocation of the permit; (ii) The specific conditions upon which the city will rely in seeking revocation of the permit; (iii) That a hearing regarding the revocation will be held before the city council; (iv) The date, time and place of such hearing; Page 13 of 32

14 (v) That the permittee may appear in person and/or be represented by counsel, may present testimony and may cross-examine all witnesses. 3. At such hearing, all parties shall have the right to representation by a licensed attorney, each party may present witnesses in his own behalf, each party has the right to cross-examine all witnesses, and only evidence presented before the hearing officer at such hearing may be considered in rendering the order. If the permittee fails to appear at the hearing at the time, place and date specified, the city shall present sufficient evidence to establish a prima facie case showing that conditions exist at the multiple pet owner property which are grounds for suspension of the permit as set forth above. 4. After completion of the hearing, the city council shall make written findings as to whether or not grounds exist for revocation of the permit. If the city council finds that grounds do exist for revocation of the permit, the city council may revoke the permit; however, in lieu of revoking the permit, the city council may: (i) Deny the request for revocation if the council finds that the needs of the animals and the public interest will be adequately protected by a warning; or (ii) Defer its revocation decision and: a. Establish conditions consistent with this article regarding the property applicable to the multiple pet owner permit and a period of time (not to exceed sixty (60) days following the date of the hearing) for the permittee to comply with the same; b. Set a date for a hearing (which hearing shall be conducted as set forth in subsection (C) above) and determination by the city council as to whether or not the permittee has complied with such conditions; and c. At such subsequent hearing, if the city council finds that the permittee has not complied with the conditions, the city council may revoke the permit. A copy of the written findings shall be provided to the permittee. 5. If a multiple pet owner permit is revoked, the number of dogs and/or cats that had been kept or harbored on the property for which the permit was issued shall be reduced so that there are there are no more than five (5) dogs or cats, or any combination thereof, kept or harbored at such property. Such reduction shall be accomplished as soon as possible, but in any case no later than ten (10) days after notice that the permit has been revoked was served on or given to the permittee. 6. In the event a permit is revoked, the city shall not be liable to the permittee for any refund of any part of the permit fee, if any. Page 14 of 32

15 7. Reinstatement of a permit that has been revoked shall require application and payment of a permit fee as if it were an initial application; provided, however, no permit shall be issued to the same permittee if the permittee has been convicted of any offense involving cruelty to animals, no permit shall be issued to the same permittee within sixty (60) days of the date a permit has been revoked, and no permit shall be issued for the same location unless it is shown that adequate precautions have been taken so that the conditions under which the permit was revoked shall not reoccur. If there is a dispute between the city s inspector and a person applying for a permit for a location for which a permit was revoked as to whether adequate precautions have been taken so that the conditions under which the permit was revoked will not reoccur, the applicant may request a hearing before the city council. Such hearing shall be conducted under the same procedures as a hearing for a revocation of a permit; however, the burden shall be on the applicant to show that adequate precautions have been taken so that the conditions under which the permit was revoked will not reoccur. Sec Service of notices A notice or other delivery provided for in this article may be served or given by personal delivery, or by certified mail, return receipt requested, or by posting the notice or delivery on or near the front door of the property where the kennel [multiple pet owner property] is located if personal service cannot be obtained and the notice or delivery has been sent certified mail, returned receipt requested, and returned undelivered. ARTICLE 2.04 KENNELS Sec Location; permit required A kennel is not allowed in any zoning district of the city except as may be authorized by the zoning ordinance(s) of the city. Where the same is so authorized, a kennel may not be operated until such time as a permit for the operation thereof has been issued by the city. Sec Standards A kennel shall comply with all of the following: (a) Shall be of sufficient size so as to allow each animal to move about freely, and the size of the facility shall be in proportion to the size of each individual animal s height and weight; (b) Shall be kept in a sanitary condition at all times to allow for healthy conditions and treatment of each animal, free from waste, parasites, insects, and flies that could be harmful to an animal s health and/or to the health of the general public; (c) Shall be free of odor or stench which would be offensive to a person of ordinary sensibilities; Page 15 of 32

16 (d) Shall be located no closer than 400 feet from any residence, other than the residence of the kennel owner or operator, if the kennel is located in the residence of the kennel owner or operator (this does not affect any zoning regulations regarding to kennels in residential areas); (e) Shall be subject to inspection by an authorized representative of the city at reasonable times to determine compliance with the provisions of a kennel permit, this article and any applicable law, rule or regulation; (f) Adequate food and water shall be provided at all times for all animals kept within a kennel, so that each animal is maintained in good health and free from malnutrition and/or dehydration; (g) Must provide proper and adequate protection from the elements, that is, rain, heat, cold, and similar elements. Sec Issuance of permit; conditions; revocation A kennel permit may be issued in accordance with and subject to the following: (a) Application. If a person desires to operate a kennel within the city, the person shall apply for a permit to operate the same from the city. The application shall be submitted to the City Secretary on a form provided by the city, which form shall include, among other things, the following (and each of the following shall remain true and correct at all times following the issuance of the permit and while the kennel is being operated): 1. A statement by the applicant that all dogs and cats in the kennel that are four months of age or older will be, at all times, fully vaccinated against rabies and dewormed; 2. A drawing of the kennel (to show, among other things, the types of materials to be used and all kennel dimensions) and the property on which the kennel is to be located, showing the proposed location of the kennel and all improvements on the property, and the location and distance from the kennel to the nearest adjacent residence (other than the residence, if any, in which the kennel will be located); 3. A statement that the applicant will at all times be the sole owner of the kennel; 4. A statement that the kennel will at all times be kept in a clean and sanitary state; 5. A statement that the applicant understands and agrees that the kennel is subject to inspection by an authorized representative of the city at reasonable times for the purpose of determining compliance with the provisions of a kennel permit, this article and any applicable law, rule or regulation; 7. A statement that the applicant acknowledges and understands the provisions of this article (as existing or as may be amended from time to time) and will abide by and comply with the same at all times; and Page 16 of 32

17 8. A written reference from the local and licensed veterinarian verifying that the owner has historically provided routine and necessary care to animals, and that the veterinarian will be providing care and vaccinations to the animals kept at the kennel. (b) Inspection of property; issuance or denial. 1. The city s animal control or code enforcement officer shall, within ten days of the receipt by the City Secretary of the application that has been fully completed, review the application and inspect the property where the proposed kennel is to be located. If the application and the property (after inspection) are determined to comply with the requirements for the application and the kennel set forth herein, the city s animal control officer or code enforcement officer shall issue a kennel permit. The permit shall include the drawing of the kennel and surrounding property and property submitted with the application and as approved by the city. 2. The kennel shall be constructed and operated only as shown on such drawing; no modification or changes thereto are permitted without the approval by the city of an amendment to the permit. 3. If a permit is denied, the applicant may appeal the denial by filing with the City Secretary, within 10 days following the date that the applicant receives notice of the denial, a written appeal of the denial to the city council. The city council shall schedule consideration of the appeal within a reasonable period of time, but in any event not later than 30 days after the date the written appeal is received by the City Secretary. If an appeal is filed, the decision of the city council regarding the application for a permit shall be final. (c) Duration; transfer; fee. A kennel permit shall be valid for a period of one (1) year from the date of its issuance. A kennel permit is not transferable or assignable. No permit fee is required. (d) Revocation; reinstatement. 1. Once issued, a kennel permit may be revoked by the city s animal control officer or code enforcement officer if the officer determines that: (i) Any of the animals kept or harbored pursuant to the kennel permit repeatedly or regularly cause a stench or odor which is offensive to a person of ordinary sensibilities; (ii) Any animal kept or harbored pursuant to the kennel permit is kept or harbored in a manner which is dangerous to the health of the animal or to any other animal, including, without limitation, depriving an animal of necessary food, care or shelter or the cruel treatment of any animal; (iii) Any animal kept or harbored pursuant to the kennel permit repeatedly or regularly causes noise which is offensive or disturbing to a person of ordinary sensibilities on adjoining, adjacent or neighboring property; Page 17 of 32

18 (iv) Unsanitary conditions exist at the kennel to such an extent that those conditions create a possible medium of the transmission of disease to the animals kept there or to human beings; or (v) The kennel is not regularly maintained in accordance with the terms of the kennel permit and this article. 2. Prior to revocation, written notice shall be given to the permittee or the person in charge of the kennel. Such notice shall set forth: (i) The grounds upon which the city will seek revocation of the permit; (ii) The specific conditions upon which the city will rely in seeking revocation of the permit; (iii) That a hearing regarding the revocation will be held before the city council; (iv) The date, time and place of such hearing; (v) That the permittee may appear in person and/or be represented by counsel, may present testimony and may cross-examine all witnesses. 3. At such hearing, all parties shall have the right to representation by a licensed attorney, each party may present witnesses in his own behalf, each party has the right to cross-examine all witnesses, and only evidence presented before the hearing officer at such hearing may be considered in rendering the order. If the permittee fails to appear at the hearing at the time, place and date specified, the city shall present sufficient evidence to establish a prima facie case showing that conditions exist at the kennel which are grounds for suspension of the permit as set forth above. 4. After completion of the hearing, the city council shall make written findings as to whether or not grounds exist for revocation of the permit. If the city council finds that grounds do exist for revocation of the permit, the city council may revoke the permit; however, in lieu of revoking the permit, the city council may: (i) Deny the request for revocation if the council finds that the needs of the animals and the public interest will be adequately protected by a warning; or (ii) Defer its revocation decision and: a. Establish conditions consistent with this article regarding the kennel and a period of time (not to exceed 60 days following the date of the hearing) for the permittee to comply with the same; b. Set a date for a hearing (which hearing shall be conducted as set forth in subsection (C) above) and determination by the city council as to whether or not the permittee has complied with such conditions; and c. At such subsequent hearing, if the city council finds that the permittee has not complied with the conditions, the city council may revoke the permit. Page 18 of 32

19 A copy of the written findings shall be provided to the permittee. 5. If a permit is revoked, no animal shall be accepted or placed in the kennel and all animals at the kennel on the date the permit is revoked shall be removed therefrom as soon as possible, but in any case no later than ten days after notice that the permit has been revoked was served on or given to the permittee. 6. In the event a permit is revoked, the city shall not be liable to the permittee for any refund of any part of the permit fee, if any. 7. Reinstatement of a permit that has been revoked shall require application and payment of a permit fee as if it were an initial application; provided, however, no permit shall be issued to the same permittee if the permittee has been convicted of any offense involving cruelty to animals, no permit shall be issued to the same permittee within 60 days of the date a permit has been revoked, and no permit shall be issued for the same location unless it is shown that adequate precautions have been taken so that the conditions under which the permit was revoked shall not reoccur. If there is a dispute between the city s inspector and a person applying for a permit for a location for which a permit was revoked as to whether adequate precautions have been taken so that the conditions under which the permit was revoked will not reoccur, the applicant may request a hearing before the city council. Such hearing shall be conducted under the same procedures as a hearing for a revocation of a permit; however, the burden shall be on the applicant to show that adequate precautions have been taken so that the conditions under which the permit was revoked will not reoccur. Sec Service of notices A notice or other delivery provided for in this article may be served or given by personal delivery, or by certified mail, return receipt requested, or by posting the notice or delivery on or near the front door of the property where the kennel is located if personal service cannot be obtained and the notice or delivery has been sent certified mail, returned receipt requested, and returned undelivered. Sec Livestock ARTICLE 2.05 LIVESTOCK It shall be unlawful for any person to keep or permit the keeping of livestock on premises owned by the person or under his or her control, except in compliance with all zoning regulations of the City and the following regulations: (a) It shall be unlawful for any person to allow horses or any other livestock within fifty (50) feet of any person s dwelling other than the owner s dwelling. Page 19 of 32

20 (b) Manure and droppings shall be removed from pens, stables, yards, etc., on a regular basis and disposed of in such a manner to keep the property free of any nuisance. (c) Watering troughs and tanks shall be maintained and cleaned regularly in such a way to prevent the breeding of flies, mosquitoes or other insects. (d) It shall be unlawful for any person to own, keep, or harbor swine in the city limits. The only exception is one grandfathered property where swine was raised prior to the city incorporation, located at 1190 Simpson Road. Sec Animals; animal units; proper zoning required for farm animals (a) It shall be unlawful for any person to possess, harbor, or keep any farm animal on any property in violation of the zoning ordinances. Farm animals are prohibited on property used for nonresidential purposes. (b) Property Less than Twelve Thousand (12,000) Square Feet. It shall be unlawful for any person to possess, harbor, or keep more than one animal unit per acre as determined by the animal unit matrix. The maximum number of farm animals shall be based off the enclosed area (square feet) of the rear and side yards (instead of the entire area of the property). An enclosed area shall be defined as the perimeter of a permanent fence which meets the requirements of the City Code of Ordinances. Property less than 12,000 square feet which do not have an enclosed area shall not possess, harbor, or keep any farm animal. (c) Property Twelve Thousand (12,000) Square Feet or Greater. It shall be unlawful for any person to possess, harbor, or keep more than one animal unit per acre as determined by the animal unit matrix. (d) It is an affirmative defense to prosecution that (1) a person was temporarily providing shelter for an animal, defined as no more than fourteen (14) days within a one-month period, because of a force majeure such as war, strike, riot, tornado, flood, earthquake, or other unforeseen superior force or (2) a person was temporarily keeping a young animal that required weaning from the dam for the standard period of time it takes to wean the particular type of animal. Page 20 of 32

21 1. Animal Type A. Dairy Cattle 1. Mature cow over 1,000 pounds 2. Mature cow under 1,000 pounds 3. Heifer 4. Calf B. Beef Cattle 1. Slaughter steer or stock cow 2. Feeder cattle or heifer 3. Cow and calf pair 4. Calf C. Horse, Donkey, Mule 1. Horse, Donkey, Mule 2. Miniature of above ( lbs) D. Sheep, goats and lambs 1. Sheep, Goats, and Lambs E. Chickens 1. Laying hen or broiler (liquid manure system) 2. Chicken over 5 pounds (dry manure system) 3. Chicken under 5 pounds (dry manure system) F. Turkeys 1. Over 5 pounds 2. Under 5 pounds G. Ducks 1. Ducks Animal Unit Calculation Table 2. Number of Animals 3. Animal Unit Factor Number of Animal Units H. Animal not listed in item A to G I. Animal not listed in item A to G Avg. weight of the animal in pounds divided by 1,000 pounds Total number of animal units (Add up all the numbers in column 4) Page 21 of 32

22 Example Calculations Number of Animal Unit Number of Animal Type Animals Factor Animal Units A. Dairy Cattle; 4. Calf C. Swine; 1. Over 300 Pounds Total Number of Animal Units 1 The number of animal units is exactly 1 meaning a premise must be at least 1-acre to possess 3 calves and 1 swine over 300 pounds. Example Calculation #1. Premise Less than 12,000 Square Feet Laying Hen or Broiler (liquid manure system) 1. 43,560 square feet (SF) in 1-Acre 2. 43,560 SF x [animal unit factor] = 1,437 SF / per laying hen 3. 6,500 SF premise with an enclosed area of 3,700 SF 4. 3,700 SF / 1,437 SF = 2.57 laying hens permitted (numbers exceeding 0.5 shall be rounded up to the next higher whole number). Example Calculation #2. Premise Less than 12,000 Square Feet Laying Hen or Broiler (liquid manure system) AND Swine Less than 55 Pounds 1. 43,560 square feet (SF) in 1-Acre 2. 43,560 SF x [animal unit factor] = 1,437 SF/per laying hen 3. 43,560 SF x 0.05 [animal unit factor] = 2,178 SF/per swine less than 55 pounds 4. 6,500 SF premise with an enclosed area of 3,700 SF 5. 1,437 SF + 2,178 SF = 3,615 SF / 3,700 SF = 0.97 animal units. The number of animal units is less than 1 meaning a 6,500 SF premise with an enclosed area of 3,700 SF is permitted to possess 1 laying hen and 1 swine less than 55 pounds. Example Calculation #3. Premise 12,000 Square Feet or Greater Laying Hen or Broiler (liquid manure system) AND Swine Less than 55 Pounds 1. 43,560 square feet (SF) in 1-Acre 2. 43,560 SF x [animal unit factor] = 1,437 SF/per laying hen 3. 43,560 SF x 0.05 [animal unit factor] = 2,178 SF/per swine less than 55 pounds 4. 12,001 SF premise 5. (5 laying hens x 1,437 SF = 7,185 SF) + (2 swine less than 55 pounds x 2,178 SF = 4,356 SF) 6. 7,185 SF + 4,356 SF = 11,541 SF / 12,001 SF = 0.96 animal units. The number of animal units is less than 1 meaning a 12,001 SF premise is permitted to possess 5 laying hens and 2 swine less than 55 pounds. * Swine are prohibited within the City; however, the calculation is provided as an example only. ** Enclosure area or how an animal is stored is at the discretion of the property owner so long as not in violation of this Chapter. ARTICLE 2.06 KEEPING BEES Page 22 of 32