Chapter 7.08 — KEEPING OF ANIMALS

The city council finds and determines that the keeping of poultry, domestic fowl and animals within the city limits, unless properly regulated as to location and sanitary conditions, is detrimental to the public health, safety and general welfare and that the public interest requires that the city council prescribe regulations for the more efficient control thereof.

(Ord. 79-NS §1, 1954).

A.

The term "domestic animals" herein referred to means and includes horses, ponies, mules, jacks and jennies, cows, bulls, calves, heifers, sheep, goats, swine, rabbits and all other domestic or domesticated animals other than household pets.

B.

The term "household pets" as herein referred to means and is intended to include cats, dogs, canaries, parrots and other kindred animals and birds usually and ordinarily kept as household pets for the pleasure and company of the owner, provided that a permit shall be required for the keeping and maintaining of dog kennels where are kept and maintained more than two dogs and for the keeping and maintaining or more than three cats over the age of six months. Household pets shall not include horses, cows, goats, sheep, other equine, bovine, ovine or ruminant animals, pigs, predators or other wild animals, chickens, ducks, roosters, geese, turkeys, pigeons, game birds, fowl or similar creatures which normally are kept or raised for agricultural or commercial uses.

C.

The terms "poultry" and "domestic fowl" herein referred to shall include pigeons, chickens, ducks, geese, turkeys and all other domestic or domesticated fowls other than household pets.

D.

Every word, phrase, clause, sentence or paragraph included in this chapter written in the singular shall include the plural, or the plural the singular, as the case may be.

(Ord. 85-17 §1, 1985: Ord. 79-NS §§7 and 9(part), 1954).

Except as otherwise permitted in the zoning ordinance, it is unlawful for any person, firm, company or corporation to keep or maintain or cause to be kept or maintained any animals other than household pets in the city.

(Ord. 85-17 §2, 1985: Ord. 79-NS §2, 1954).

It is unlawful for any person, firm, corporation or other entity to keep, own or maintain any animal, other than household pets, without having first applied for and obtained a permit from the city council in the manner prescribed by this chapter. Said permit shall be revocable at any time it is made to appear to the city council that the keeping of said animal or animals is or may become detrimental to the public health, safety and/or public welfare, or has become a public nuisance.

(Ord. 85-17 §4, 1985: Ord. 79-NS §4, 1954).

All applications for such permits hereinabove referred to shall state the number and kind of animals or fowl, the type of structure wherein the same are to be housed, the location thereof, the distance from the nearest dwelling or other structure other than that of the owner, and such other information as the council may require. Each application shall be accompanied by a fee of one dollar, shall be referred to the health department and the chief of police for investigation, and report thereof made to the city council. Upon receipt of such report, the council may, in its discretion, set the application for hearing.

(Ord. 79-NS §5, 1954).

Any person, firm, company or corporation now keeping or maintaining or causing to be kept or maintained domestic flow and animals other than household pets contrary to the provisions of this chapter, shall have up to thirty days after January 1, 1955 within which to file application for permit and if said permit is denied, or if the keeping thereof is prohibited hereunder, shall have such time as the council may determine within which to dispose of said poultry, domestic fowl and animals, but in no event more than sixty days.

(Ord. 79-NS §6, 1954).

It is unlawful for any person to keep or maintain or cause or permit to be kept or maintained, any domestic animal, household pet, domestic fowl or other animal as defined in this chapter.

(Ord. 85-17 §5, 1985: Ord. 79-NS §8, 1954).

Notwithstanding any other provision of this code, no animals other than household pets shall be maintained on an area of less than one acre, and the number of animals thereof shall not exceed a number per acre of two adult animals in any combination of the foregoing animals and their immature offspring. Provided further, that the total number on any one lot, site, farm, or ranch shall not exceed two adult animals and their immature offspring, unless by revocable special permit of the council after a recommendation by the health officer of the city that the keeping of additional animals will not be detrimental to the health, safety and welfare of the abutting property owners.

(Ord. 85—17 §6, 1985: Ord. 79—NS §8.1, 1954).

A.

All open or outdoor animal or fowl enclosures including but not limited to fenced areas, cages, pens, or runs shall not be less than two hundred feet from the nearest school, church, hospital or dwelling used for human habitation, other than the residence of the owner of such animal; provided further, that each such open enclosure shall contain not less than six hundred twenty—five feet of surface for each animal so kept. All enclosures or premises wherein any animals or fowl are kept shall be maintained in a clean and sanitary condition, free from obnoxious or annoying smells and substances.

B.

No person shall make, cause or permit to be made or caused upon any premises or upon any public street, alley or place within the city any noise, emitted, created or generated by any domestic animal or household pet which causes discomfort or annoyance to any reasonable person of normal sensitiveness residing or working in the area, unless such noise or sound is specifically authorized by or in accordance with this code.

(Ord. 85—17 §7, 1985: Ord. 79—NS §8.2, 1954).

All open enclosures shall be set back at least thirty feet from any traveled streets, except an alley.

(Ord. 79-NS §8.3, 1954).

Any person, convicted of violating any of the provisions of this chapter shall be guilty of an infraction, shall have his permit revoked, and shall be punishable as set forth in Section 1.16.010 of this code.

(Ord. 02-02 §15, 2002: Ord. 79—NS §10, 1954).