Division 6 — CHICKENS, RABBITS, POULTRY OR FOWL

4136. • KEEPING RESTRICTED.

After January 1, 1961, no person shall keep or maintain upon any premises in the City chickens, rabbits, poultry or fowl, other than homing pigeons, in excess of ten (10) fowl or birds and a total of not to exceed five (5) small animals (and the offspring of each thereof until such offspring is capable of being raised or maintained independently of full grown members of the same species.)

No person shall keep any rabbits, poultry or domestic fowl, other than household pets, within thirty-five (35) feet of any residence or dwelling house or other building used for the habitation of human beings, other than the residence or dwelling house of the person keeping or maintaining such animal or animals, poultry or fowl, or of any school, hospital or similar institution, or within sixty-five (65) feet of any public street or sidewalk; provided, however, that on a corner lot, the distance from the public street or sidewalk on the side street side need not be more than forty (40) feet.

(Amended by Ord. 1338 adopted 2-21-67)

The construction or occupancy of a new dwelling within thirty-five (35) feet of any location in or upon which rabbits, poultry or domestic fowls have been continuously or customarily kept for a period of six (6) months prior to the construction or occupancy of such dwelling shall not require the removal of such rabbits, poultry or domestic fowls from such location.

No person, between the hours of 10:00 o'clock p.m. and 6:00 o'clock a.m., shall in any manner illuminate any coop, shed, building, house structure or other enclosure wherein poultry or domestic fowls are kept or maintained.

Subsection 4136.3 shall not apply to any of the following:

(1)

To any building which is entirely enclosed by solid walls, floor and roof. A wall with a door or window shall be construed as a solid wall for the purpose of this subsection, if such door and window are kept closed while the building or structure is illuminated during the hours specified in subsection 4136.3.

(2)

To any building or structure while the same is used exclusively for the raising of poultry or domestic animals less than twelve weeks of age.

(3)

To the temporary illumination of any building or structure and during such time as the owner or person in charge is actively engaged in protecting such poultry or domestic fowls from any person or animal immediately endangering the security, safety or life thereof.

No person owning or having control of any chickens, ducks, geese, turkeys or other fowl or rabbits shall permit the same to run or go upon the premises of any other person.