Bishop Municipal Code Ch. 6.08 Miscellaneous Animal Provisions

The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

A. Animals means horses, ponies, mules, jacks, jennies, cows, bulls, calves, heifers, sheep, goats, rabbits and all other domestic or domesticated animals other than household pets.

B. Household pets means cats, dogs, canaries, parrots and other animals and birds usually and ordinarily kept as household pets.

C. Nuisance means:

1. Whatever is dangerous to human life or is detrimental to health;

2. Overcrowding a room with occupants;

3. Insufficient ventilation of illumination;

4. Inadequate or unsanitary sewerage or plumbing facilities;

5. Uncleanliness; or

6. Whatever renders air, food or drink unwholesome or detrimental to the health of human beings.

D. Poultry means pigeons, chickens, ducks, geese or turkeys and other domestic or domesticated fowl other than household pets.

(Prior Code, § 3-1; Code 1985, § 6.08.010)

It is a nuisance and unlawful for any person to keep or permit to be kept upon any premises in the city any animals or poultry or household pets in a foul, offensive, obnoxious, filthy or unsanitary condition.

(Prior Code, § 3-2; Code 1985, § 6.08.020)

It is a nuisance and unlawful for any person to allow or permit animals or poultry, other than household pets, to run at large upon any public street or place or to trespass upon the property of another. This provision shall not be construed as permitting the running at large of any household pets restricted or prohibited by the provisions of any other ordinance of the city or by any law applicable thereto.

(Prior Code, § 3-3; Code 1985, § 6.08.030)

It is the duty of every owner or person in possession and in control of animals and poultry within the city, except household pets, to keep the same within a good and substantial enclosure which will prevent their running at large.

(Prior Code, § 3-4; Code 1985, § 6.08.040)

It is a nuisance and unlawful to keep, maintain or permit on any lot or parcel of land within the city any animals, poultry or household pets which by any sound or cry shall disturb the peace and comfort of any neighborhood or interfere with any person in the reasonable or comfortable enjoyment of life or property. It is further a nuisance and is unlawful to make or cause, or permit to be made or caused, upon any premises within the city any unnecessary noises or sounds or odors which are physically annoying to persons of ordinary sensitiveness or which are so harsh or so prolonged or unnatural or unusual in their use, time or place as to occasion physical discomfort.

(Prior Code, § 3-5; Code 1985, § 6.08.050)

It is unlawful for any person within the city to cruelly treat any animal in any way, and any person who inhumanly beats, underfeeds, overloads or abandons any animal or household pet shall be deemed guilty of a violation of this section.

(Prior Code, § 3-6; Code 1985, § 6.08.060)

It is unlawful to permit any dangerous or vicious animal or household pet of any kind to run at large in the city, and any exhibitions or parades of wild, dangerous or vicious animals may be conducted only upon securing a permit from the chief of police and compliance with other ordinances and applicable laws relating to exhibitions or parades.

(Prior Code, § 3-7; Code 1985, § 6.08.070)

The chief of police and the members of the police department or any other persons in the city are authorized to kill any dangerous animals of any kind when it is reasonably necessary for the protection of persons or property.

(Prior Code, § 3-8; Code 1985, § 6.08.080)

No domestic animal afflicted with a contagious or infectious disease shall be allowed to run at large or to be exposed in any public place whereby the health of humans or beasts may be affected, nor shall such diseased animal be at or removed from the premises of the owner thereof except under the supervision of the city police chief.

(Prior Code, § 3-9; Code 1985, § 6.08.090)

It is unlawful to maintain in the city any poultry or animal yard within 100 feet of any building used for residential purposes by anyone other than the one maintaining such poultry or animal yard, or their immediate family, or within 100 feet of any public way, other than an alley, or within 100 feet of any church or school building.

(Prior Code, § 3-10; Code 1985, § 6.08.100)

Section 6.08.100 shall not prohibit the keeping of chickens and rabbits, for noncommercial purposes, on any single-family residential lot as set forth below:

A. Chickens. No more than four per residential lot. All chickens must be female. No roosters may be kept.

B. Rabbits. No more than four per residential lot.

C. Total number of chickens and rabbits combined. No more than a total of four chickens or rabbits, or chickens and rabbits in any combination thereof, may be kept per residential lot.

D. All chickens and rabbits shall be kept at least 20 feet away from any neighboring residential property line. However, chickens and rabbits may be kept closer than 20 feet to a neighboring residential property line if written consent is obtained from the neighboring residential property owner and the neighboring residential property occupant if different from the neighboring residential property owner. Any consent given is revocable without cause.

E. No chicken or rabbit kept under this section shall be visible from a public street or right-of-way.

F. All chickens and rabbits kept under this section shall be kept in coops or hutches, and all food for such chickens and rabbits shall be kept in containers that are reasonably predator and rodent proof.

This section shall apply only to single-family residential lots and shall not apply to lots upon which multifamily structures, including, but not limited to, apartments, condominiums, duplexes and other multifamily complexes, are located.

(Code 1985, § 6.08.101; Ord. No. 530, § 1, 11-2-2010)

It is unlawful to keep or harbor any bees in the city, and any beehive used or occupied by bees is a nuisance, and it is unlawful to keep or maintain any such hive in the city.

(Prior Code, § 3-11; Code 1985, § 6.08.110)

It is unlawful for any person to keep, maintain or harbor any live swine or pigs in the city.

(Prior Code, § 3-12; Code 1985, § 6.08.120)

The city council may act under this chapter to abate any nuisance upon complaint in writing signed by any resident of the city after due investigation of such complaint by the chief of police or persons under the chief's direction. If determined to be a nuisance by the city council, the owner shall be notified in writing by the city administrator to abate the same within ten days from the date of the notice. Mailing of the notice properly addressed with postage thereon prepaid is declared to be sufficient and proper notice.

(Prior Code, § 3-13; Code 1985, § 6.08.130)

Should the city council determine that the nuisance exists as determined pursuant to provisions of section 6.08.130, and that it should be abated, the cost thereof shall be paid by the owner of the premises upon which such nuisance occurs. In the event that it is necessary for the city to pay for the abatement of the nuisance, the cost of such abatement shall be a lien upon the premises to be enforced by foreclosure or by other appropriate civil action.

(Prior Code, § 3-14; Code 1985, § 6.08.140)