§ 92.18. Restricting certain animals.
A.
Fowl. No person shall keep chickens or other poultry in any dwelling or within one hundred feet thereof.
B.
Rabbits. No person shall keep rabbits in any dwelling or within twenty-five feet thereof.
C.
Hogs. No person shall keep hogs within the city, except that:
1.
No more than one miniature potbellied pig may be kept in a single-family dwelling as defined in § 153.14 of this code.
a.
A miniature potbellied pig is defined as one which meets the requirements of and is registered with the Potbelly Pig Registry Service, Inc. of Lakeville, Indiana and/or the International Potbelly Pig Registry Service of Pescadero, California;
b.
Each miniature potbellied pig shall be a pet, that is to be kept for personal enjoyment and not kept or raised for human consumption;
c.
The maximum weight of a miniature potbellied pig shall not exceed sixty-five pounds. If the weight exceeds sixty-five pounds, the miniature potbellied pig shall be removed;
d.
Miniature potbellied pigs shall not be bred within the city;
e.
Miniature potbellied pigs must be spayed or neutered if three months or older;
f.
If a miniature potbellied pig is taken off its owner's property, it shall be on a secure leash that is not more than six feet in length which is held in the hand of a person who is of suitable age and discretion;
g.
Waste from miniature potbellied pigs must be removed in an appropriate manner to prevent health and odor problems;
h.
Miniature potbellied pigs shall reside in the residence of the owner as a house pet and shall not be kept in an outside pen; and
i.
If a miniature potbellied pig becomes a nuisance, disturbs the tranquility of the surrounding neighborhood, or becomes a health problem, the Director of Public Health shall have the authority to order and have the miniature potbellied pig removed from the city;
j.
Any person found guilty of violating the provisions of this section shall pay all expenses, including shelter, food, and veterinary expenses necessitated by the seizure of any miniature potbellied pig pursuant to § 92.26(C).
D.
Other Hoofed Animals.
1.
No person shall keep, harbor or maintain any horse, pony, cow, calf, goat or other hoofed animal other than hogs in the city, except that the keeping, harboring or maintaining of any such animals may be authorized by the Director of Health for the City by permit duly issued therefore, provided that such animals are located on lots or parcels of one acre or more. This prohibition and conditions do not apply when not more than one spayed or neutered pygmy goat, defined as meeting the requirements of the National Pygmy Goat Association located in Mendon, Massachusetts, is kept as a pet in single-family dwelling. However, any owner or keeper of a pygmy goat shall:
a.
Keep the pygmy goat, when it is outdoors, in an area enclosed by a fence at least four feet in height;
b.
Provide suitable shelter to protect the pygmy goat from the elements; and
c.
Promptly remove and dispose of all goat droppings.
2.
Such permits may be issued by the Director on written application therefor in such form as the director requires, and shall specify any restrictions, limitations, conditions, or prohibitions which the Director deems reasonably necessary to protect any person or any neighboring use from unsanitary conditions, unreasonable noise or odors, or other annoyance, or to protect the public health or safety. All such animals kept in connection therewith shall be located no closer than fifty feet to any building used or designed for human habitation.
3.
The Director shall investigate or cause to be investigated the keeping of any such hoofed animals and shall report the results of such investigation to the Health Commission. The Commission may, at its discretion, conduct a public hearing on the manner and extent of keeping or maintaining such hoofed animals and, following such public hearing, may impose such limitations, restrictions, conditions, or prohibitions on the keeping or maintaining of any such hoofed animals on the premises as, in its sound judgment, are reasonably necessary to protect any person or any neighboring use from unsanitary conditions, unreasonable noise or odors, or other annoyance, or to protect the public health or safety.
E.
Pigeons.
1.
No person shall keep or harbor the common Asiatic pigeon. Racing and banded pigeons, banded with a seamless, numbered leg band, issued by an active pigeon club, raised solely for the purpose of showing and/or racing may be raised in lofts constructed and maintained in strict compliance to existing zoning and building regulations for secondary buildings. Lofts should be constructed to allow freedom of movement for the birds, usually five square feet of open bottom wire floor space per pair with rodent- and vermin-proof walls and closures.
2.
The keeper of racing and/or banded pigeons is required to comply with all standards and requirements of the American Pigeon Fancier's Council (APFC).
3.
The Director of Health shall investigate or cause to be investigated any complaints related to the raising of racing or banded pigeons. If unsanitary conditions, unreasonable noise or odors are not corrected in a reasonable period of time, the Director shall order the loft disbanded until such time as the required corrections are made to the satisfaction of the Director. Penalty, see § 92.99.
(Ord. 242-1998; Ord. 716-1992; Ord. 514-1992; Ord. 94-1989; Ord. 290-1969; Ord. 289-1969; Ord. 239-1969)