Chapter 18.05 — CROWING ROOSTERS

Any person owning, keeping or maintaining seven or more crowing roosters, two months of age or older including but not limited to a rooster or male chicken, shall house such roosters in an acoustical structure between sunset and sunrise, so as to reduce the noise emitted by such roosters during nighttime hours. The noise reduction shall be accomplished in such a manner that the noise escaping from the acoustical

structure shall not interfere with a reasonable person's use and enjoyment of his real property. All such roosters shall be furnished an adequate supply of water and feed.

(Ord. No. 2011-04, §§ 1, 2, 1-26-2011)

(a)

All roosters shall be kept and/or maintained only upon lands and in the numbers authorized under the zoning code. Any person keeping or maintaining on property owned or controlled by said person seven or more crowing roosters, two months of age or older, provided the presence of such roosters is in compliance with the provisions of the zoning code, shall first obtain a permit and pay the fee prescribed in subsection (b) of this section. The permit requirements shall not apply to 4-H or FFA sponsored projects.

(b)

The permit shall be for the terms and paid to the department of animal control in the amounts specified as follows:

(Ord. No. 2011-04, §§ 1, 2, 1-26-2011)

(a)

Any person violating any of the provisions of this chapter shall be guilty of an infraction, and upon conviction thereof shall be punished by a fine not exceeding:

(1)

$50.00 for the first violation;

(2)

$100.00 for the second violation within one year;

(3)

$250.00 for each additional violation within one year.

Each day a violation is committed or permitted to continue shall constitute a separate offense.

(b)

Notwithstanding subsection (a) of this section, a first or any subsequent violation of the ordinance codified in this chapter may be charged and prosecuted as a misdemeanor.

(Ord. No. 2011-04, §§ 1, 2, 1-26-2011)

The additional remedies, penalties and procedures for violation of this chapter and for recovery of costs related to enforcement provided for in state law are incorporated by this reference.

(Ord. No. 2011-04, §§ 1, 2, 1-26-2011)