The purpose of this chapter is to establish regulations and requirements for the confinement and keeping of livestock on lots within the city so as to promote the safety, health and well being of people and animals. (Ord. 2004-2, 11-18-2004)

The requirements of this chapter shall apply only to the confinement and keeping of domestic livestock established on or after the effective date hereof. Confinement and keeping of domestic livestock legally established before the adoption date hereof shall be governed by the provisions of legal nonconforming uses as prescribed in chapter 10 of this title and the applicable ordinances in effect at the time such confinement or keeping was established. Exotic or wild animals and other potentially hazardous animals, as deemed hazardous by the city council, are not permitted. (Ord. 2004-2, 11-18-2004; amd. Ord. 2010-4, 2-11-2010)

For the purpose of this chapter:

DOMESTIC LIVESTOCK: Is defined as the following animals and fowl:

   A.   Horses, mules, donkeys, and other domesticated equines;

   B.   Cows, oxen, and other bovines, except bison;

   C.   Sheep, llamas, peacocks, turkeys, ostriches, emus, and similar animals;

   D.   Chickens, ducks, geese, and other small fowl;

   E.   Rabbits; and

   F.   Pigs, hogs, swine, and other porcine. (Ord. 2004-2, 11-18-2004; amd. Ord. 2010-4, 2-11-2010)

Subject to the limitations described in this chapter, and in title 4, chapter 2 of this code, "domestic livestock" or fowl, as defined in section 10-12-3 of this chapter, may be kept within the city; provided, that they are kept in a manner that does not create a nuisance.

   A.   A "nuisance" is any item, thing, manner, or condition whatsoever which is dangerous to the public safety, health, or welfare, or which renders soil, air, water, or food impure or unwholesome, and which is shown to have been ongoing, rather than an isolated instance.

   B.   Any person, whether owner, agent, or occupant who creates, aids in creating, or contributes to a nuisance, or who supports, continues, or retains a nuisance shall be subject to the enforcement procedures described in title 4, chapter 2 of this code. (Ord. 2004-2, 11-18-2004)

Any number of such animals in any combination shall be permitted on each lot of four (4) acres or less; provided, that the minimum area per animal does not exceed the total allowed per acre, subject to the following provisions and limitations:

   A.   Buildings: All corrals, stalls, pens, paddocks, barns, stables, coops, sheds, hutches, or similar buildings used for the housing or confinement of domestic livestock and fowl, and all water troughs and areas used for feeding of domestic livestock shall be located no closer than one hundred feet (100') from any dwelling located on any neighboring lot or parcel and no closer than fifty feet (50') from any dwelling on the same lot or parcel.

   B.   Distance To Dwellings: Animals or livestock permitted by this section may not be kept, or be allowed to pass within twenty feet (20') of any dwelling on a neighboring lot, which existed at the time confinement and keeping such livestock or animals was legally established. This restriction shall not apply to the transport of animals or livestock into or out of pasture area which otherwise complies with the requirements of this section.

   C.   Coops And Hutches: At all times, chickens, ducks, geese and other fowl shall be kept in coops, and rabbits shall be kept in hutches. (Ord. 2004-2, 11-18-2004)

   D.   Enclosures: Suitable enclosures, substantially constructed, shall be provided and maintained for the safekeeping of all fowl or animals kept within the city. All structures and enclosures for the confinement and keeping of animals permitted by this section shall meet the following minimum area requirements. See section 10-12-6, table 1 of this chapter. All breeding stock, including, but not limited to, stallions and bulls, shall be confined in secure enclosures. (Ord. 2010-4, 2-11-2010)

   E.   Drainage: Property owners shall take ordinary care and use reasonable means to prevent surface water from draining onto any adjoining public or private property and shall not erect or install any structure, ditch, slope, or make any modification to any surface or structure that diverts or tends to divert surface water onto adjoining public or private property. Surface water from rooftops shall not be allowed to drain onto adjacent lots or streets. Surface drainage from corrals, pens, or coops shall not be permitted to drain onto adjacent lots or streets, nor shall it be permitted to enter the sanitary sewer system. (Ord. 2004-2, 11-18-2004)

   A.   Square footage numbers shall apply only to area devoted solely to livestock, after all other setback restrictions are accounted for.

   B.   For the purpose of determining compliance, said definition shall not include the unweaned offspring less than six (6) months old of any residing animal.

   C.   A concentrated amount of animals is permitted during the time from October 1 to November 15, so long as the nuisance provisions in this chapter and title 4, chapter 2 of this code are not violated.

   D.   The maximum number of domestic livestock or fowl permitted on any lot or parcel within the city shall be as follows: (Ord. 2004-2, 11-18-2004)

   TABLE 1

 

 

   (Ord. 2010-4, 2-11-2010)

Any violation of this chapter shall be guilty of a class C misdemeanor as stated in title 1, chapter 4 of this code. (Ord. 2004-2, 11-18-2004)