The purpose of this chapter is to provide for the keeping of animals, other than household pets, within City limits so long as certain provisions and conditions are met as outlined herein. Animal rights are not permitted with multi-family housing.

For the purposes of this chapter:

1. ANIMAL: Any member of the animal kingdom except members of the human race. Exclusive of household pets.
2. ANIMAL EQUIVALENT UNIT (AEUs): A unit of measure used to equate numbers of animals of different species based on their size, social, and environmental impact to a specific number.
3. ANIMAL RIGHTS: The right to keep, maintain, or board animals for personal or recreational use.
4. BONAFIDE AGRICULTURAL, COMMERCIAL, OR COMPETITIVE ENTERPRISES: An enterprise involving the raising or keeping of animals, as specified in this code, wherein the owner derives monetary compensation or raises animals for competition.
5. HOUSEHOLD PETS: Commonly accepted domesticated cats, dogs, fish, birds, reptiles, rodents, and other animals ordinarily kept or allowed within dwellings except as otherwise prohibited by Preston Municipal Code. Household pets are not considered when calculating AEUs.
6. NONCONFORMING ANIMAL RIGHTS: The right to keep, maintain, or board animals in greater numbers than allowed by this code. Such uses may continue if established legally and lawfully before the enactment of this code. If the use of a parcel changes, then it must conform to the provisions of this title. Nonconforming rights are tied to a property, not to a property owner.

Property owners of parcels with legally established nonconforming animal rights will not be required to adhere to AEU limitations on animals, as provided herein, so long as property owners maintain, but do not enlarge, the nonconforming animal rights on said property. If the nonconforming animal rights are not maintained for any reason, for a period of ten (10) consecutive years, the provisions of this chapter shall apply to the property.

For parcels five (5) acres or larger, or a combination of contiguous parcels under the control of a common owner wherein the cumulative land area is five (5) acres or larger whereupon animals have been housed or pastured legally and lawfully prior to the enactment of this code, and whereupon the parcel owners are engaged in a bona fide agricultural, commercial, or competitive enterprise, the city shall take no action to restrict such an enterprise in scope, as to the number or type of animals except as noted below:

1. No animals listed in the prohibited animals of this chapter shall be permitted;
2. Such enterprises are subject to all provisions of Preston Municipal Code 6.04 as it pertains to livestock;
3. Such enterprises are subject to all provisions found within section 070, 080, 090, 100, 110, 120, and 130 herein;
4. If the use of the parcel for agricultural, commercial, or competitive enterprises are discontinued for ten (10) years, or the parcel is subdivides, then all properties are subject to the provisions of this code, or to the provisions of the zone wherein they are located, or both;
5. Stallions and bulls are allowed animals, so long as such are kept in compliance with Preston Municipal Code 6.04.

Animals may only be kept within a parcel when permitted by this title and in accordance with the provisions of these regulations.

1. Minimum required lot size: The minimum required lot size, in order to allow for the keeping of medium and large animals, is half (.5) an acre. The minimum required lot size, in order to allow for the keeping of small animals and fowls, is a quarter (.25) acre.
2. Classification: Each animal species shall be assigned one of the following classifications based on their size, and their anticipated social and environmental impact:
   1. Large size animal - cattle, horse, donkey, mule.
   2. Medium size animal - sheep, goat, emu, llama
   3. Small animals and fowls - turkey, geese, pigeons, pheasants, ducks, rabbits.
   4. Animals not listed above and which are not commonly considered household pets, or animals that are not otherwise restricted, may be kept in accordance with this section in numbers consistent with their approximate size.
      
3. Number Allowed: The number of animals allowed to be kept shall be determined based on the animal equivalent unit (AEU) for each animal and the size of the parcel set aside for the animals.
4. Animal Density: The number of animals allowed on a parcel shall not exceed a density of two (2) animal equivalent units (AEU) for each animal and the size of the parcel set aside for the animals.

5. Animal Classification	Adult Animal Equivalent Unit Per Animal	Maximum Number of Animals Allowed Per Half (.50) Acre
   Large Animal	1.00	2
   Medium Animal	.50	4
   Small Animals and Fowls	.20	10

Animals that are less than one year old in the large animal and medium animal categories as listed in the table above will only count at half the adult animal unit equivalent rate.

1. Where permitted under the provisions of Preston Municipal Code, any large and medium animals are to be fed and corralled at least forty-five feet (45') from any neighboring building with regular human occupancy, or building with regular human occupancy, as measured from the closest point of the corral or enclosure to the closest point of the dwelling.
2. Using a common fence between adjoining lots for the purpose of pasturing, corralling, or otherwise containing large or medium animals shall be prohibited unless the adjoining property owner gives consent. If consent is not given, the owner of the animals must provide a secondary fence or other acceptable means to restrict animals from the joint fence.
3. Feeding and housing animals shall be subject to all other sections of Preston Municipal Code.
   

In addition to the provisions of this chapter, the provisions of Preston Municipal Code Title 6 Animals, Chapter 4 Animal Control shall apply.

It is unlawful for the owner or any person in charge of any animal or fowl to allow such animal or fowl to trespass upon the premises of another.

It is prohibited, whether on a temporary or a long-term basis, to keep the following either under the provisions of this chapter or as household pets:

1. Hogs or pigs.
2. Alligators and crocodiles.
3. Bears (Ursidae). All bears including grizzly bears, brown bears, black bears, etc.
4. Cat family (Felida). All except the commonly accepted domesticated cats, including cheetah, cougar, leopard, lion, lynx, panther, mountain lion, tiger, wildcat, etc.
5. Dog family (Canidae). All except domesticated dogs, including wolf, fox, coyote, dingo, etc.
6. Ostrich (Struthionidae).
7. Porcupine (Erethizontidae).
8. Primate (Hominidae). All subhuman primates.
9. Raccoon (Prosynnidae). All raccoons including eastern raccoon, desert raccoon, ringtailed cat, etc.
10. Roosters.
11. Skunks.
12. Venomous fish and piranha.
13. Venomous snakes, lizards, or other venomous reptiles.
14. Weasels (Mustelidae). All including weasels, martens, wolverines, badgers, otters, ermine, mink, moongoose, etc. Additionally, all fur-bearing animals in "fur farms" are also prohibited. Ferrets are allowed as a household pet.
15. Any otherwise prohibited wild animals such as big game animals which are restricted by state or federal law.
16. An exception may be made for the raising of 4-H animals on a strictly temporary basis.
    

The right to keep animals on a parcel is not transferable to another parcel.

Lots in major or minor subdivisions are not eligible for animal rights, excepting small animals and fowls, unless each and every lot meets the minimum required acreage to allow for the keeping of large or medium animals. Nothing in this section restricts any HOA from further restricting animal rights within its respective subdivision.

Violation of any section of this code shall be subject to the provisions of Preston Municipal Code 17.52.

1. If there are allegations of a violation of this code, the ordinance enforcement officer, or designee of the chief of police, may take enforcement action. If the enforcement officer determines there is a violation, action may be taken per the provisions of Preston Municipal Code 17.52.