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Chapter 9. Licenses and Permits

Sec. 9-52. Animals and fowl.

(1) Permit required. No person shall keep any horse, mule, donkey, pony, cow, pig, goat, sheep, swine, fowl or animal raised for fur-bearing purposes within the city, except in an outlying district where there are no residences other than that occupied by the owner or occupant of the premises upon which such animals are kept and within a distance of 200 feet of the structure or fence housing or enclosing such animal, without a special written permit therefor issued by the city clerk, upon recommendation of the building services supervisor and committee on health after an inspection of the premises and a finding of fact to the effect that no nuisance will be created thereby. Such special permit shall be issued for the keeping of such animals on any lot only in the following cases:

  1. Where such animals were being lawfully kept on such lot prior to the enactment of the ordinance from which this section derives.
  2. Where such animals were being lawfully kept on such lot after the enactment of the ordinance from which this section derives in an area in which there were no residences within a distance of 200 feet of the structure or fence enclosing such animals, and subsequently one or more residences were built, bringing the structure or fence housing the animals within the restricted distance.

(2) Term of permit. Permits to keep animals under this section shall be renewed annually, and only after a reinspection by the building services supervisor. No fee shall be charged for such permits.

(3) Stables and enclosures. Standards for stables and enclosures shall be as follows:

  1. Construction. Every stable or other building wherein any animal or fowl covered under this section is kept shall be constructed of such material and in such manner that it can be kept clean and sanitary at all times.
  2. Disposal of wastes. Every such stable or other building occupied by authority of special permit shall, if located within 200 feet of any tenement or apartment house; hotel; restaurant; boardinghouse; retail foodstore; building used for school, religious, or hospital purposes; or residence other than that occupied by the owner or occupant of the premises upon which such creatures are kept shall be provided with a watertight and flytight receptacle for manure, of such dimensions as to contain all accumulation of manure, which receptacle shall be emptied sufficiently often and in such manner as to prevent its becoming a nuisance. Such receptacle shall be kept securely covered at all times, except when opened during the deposit or removal of manure or refuse. No manure shall be allowed to accumulate except in such receptacle.
  3. Other improvements which may be required. The building services supervisor shall, if he deems such measures necessary in order to avoid a nuisance, require that any such building be screened tightly against flies, and that it be provided with running water, drain sewer connection, flooring impervious to water, and that such other measures be taken as may be necessary to ensure proper protection to public health and safety, as conditions precedent to the issuance of any special permit.
  4. Small animals and fowl. Standards for enclosures for small animals and fowl shall be as follows:
    1. Structures. No chicken coop, dovecote, dog kennel built for or intended for the use of more than two dogs, rabbit warren built for or intended for the use of more than two rabbits, or other yard or establishment where small animals or fowl are keptshall be maintained, nor shall more than two dogs, cats, rabbits, guinea pigs, nor any ducks, geese, chickens, or other fowl be kept, on any premises within the city limits, except in outlying districts where there is no tenement or apartment house; hotel; restaurant; boardinghouse; retail foodstore; building used for school, religious or hospital purposes; or residence other than that occupied by the owner or occupant of the premises upon which such yard, establishment or creatures are maintained or kept, within a radius of 200 feet of such yard or establishment or structure or area enclosing such creatures, without a special written permit issued by the building services supervisor after an inspection of the premises and a finding of fact to the effect that no nuisance will be created thereby. Such special permit shall be issued for the maintenance of any such yard or establishment or fowl or animals which were being lawfully maintained or kept on such lot prior to the enactment of the ordinance from which this section derives.
    2. Existing uses. Where such yard or establishment or fowl or animals were being lawfully maintained or kept on such lot prior to the enactment of the ordinance from which this section derives in an area in which there were no such buildings or residences within a distance of 200 feet of the structure enclosing such animals, and subsequently one or more such buildings or residences were built bringing the structure or area housing the animals within the restricted distance. Such permit shall be for the term of one year and shall not be renewed without a reinspection. The provisions of this subsection shall not apply to the keeping or maintaining of guinea pigs or other small animals for bona fide medical research purposes by duly qualified persons, or to the keeping or maintaining of small animals or fowl for bona fide pet shop purposes in a B-2 or a B-4 zoning district under the zoning code of the city where such pet shop is located not closer than 50 feet from any building or place as designated in this subsection; provided that such animals are kept and maintained indoors, and provided further that the keeping or maintaining of such small animals does not create a nuisance.
  5. Sanitation. All structures, fences, coops or yards where animals or fowl are kept or permitted to be kept shall be maintained in a clean and sanitary condition, devoid of rodents and vermin, and free from objectionable odors. The entire walls, ceilings, floors, parts and appurtenances of all such structures shall be whitewashed or painted annually as the health officer shall direct. The building services supervisor, upon the complaint of any individual, shall inspect any such structure or premises and issue any order necessary to carry out the provisions of this section.

(4) Wild animals. No person shall keep any wild animal within the city, except in the zoo facility or as otherwise permitted. For purposes of this section, "wild animal" means any live monkey or other nonhuman primate, raccoon, skunk, fox, wolf, poisonous snake, leopard, panther, tiger, lynx, any warm-blooded animal normally found in the wild state, or any hybrid mix between a normally domestic animal species and such animals normally found in the wild state.

(Code 1982, 12.08)