CHAPTER 2
LIVESTOCK
SECTION:
§4200: Keeping Livestock Inside City Limits Prohibited Without Permit
§4202: Zoning Administrator To Investigate Conditions; Standards
§4203: Issuance Of Permit; Form; Conditions
§4204: Duration Of Permit; Termination Or Modification; Notice To Permittee
§4205: Refusal To Issue Permit
§4206: Administrative Hearings
§4207: Appeal From Decision Of Administrative Board
§4208: Effect On Persons Having Animals At Effective Date Of Chapter; Annexations
§4209: Exception Of Area Of Fairgrounds
§4200 KEEPING LIVESTOCK INSIDE CITY LIMITS PROHIBITED WITHOUT PERMIT
It shall be unlawful for any person, firm, or corporation to keep, harbor or maintain, or cause, permit or suffer to be kept, harbored or maintained, within the corporate limits of the City any cow, bull, calf, horse, mule, jennie, jack, burro, sheep, goat, swine or any other livestock without then and there having a valid permit in writing issued by the Zoning Administrator of the City under the provisions of this chapter. (Ord. 541, §1, adopted 1961; Ord. 1206, §1, adopted 2020)
§4201 APPLICATION FOR PERMIT
Any person, firm or corporation required to have a permit under the provisions of this chapter shall make application for the same to the Zoning Administrator of the City. Such application shall be in writing and signed by the applicant and shall contain the following:
A. The name and address of the applicant.
B. The type and number of such animals.
C. The place where such animals are intended to be kept.
D. The length of time such applicant intends to keep such animals at such place.
E. Such other information as may be required by the Zoning Administrator for the enforcement of the provisions of this chapter. (Ord. 541, §1, adopted 1961; Ord. 1206, §1, adopted 2020)
§4202 ZONING ADMINISTRATOR TO INVESTIGATE CONDITIONS; STANDARDS
Upon receipt of an application for a permit required under this chapter the Zoning Administrator shall make an investigation to determine if the keeping of such animals as requested in the application would create or continue any of the following conditions:
A. Create a hazard to public health or safety; or
B. Constitute a public or private nuisance; or
C. Otherwise seriously and injuriously affect living conditions or property values in adjacent or neighboring properties. (Ord. 541, §1, adopted 1961; Ord. 1206, §1, adopted 2020)
§4203 ISSUANCE OF PERMIT; FORM; CONDITIONS
If the Zoning Administrator finds that none of the conditions set forth in section 4202 of this code are present, or would be present in the event the application were granted, it shall issue to the applicant the permit requested. The permit may be unconditional or may contain such conditions as are deemed necessary by the Zoning Administrator. The permit shall be in such form as prescribed by the Zoning Administrator and shall be signed by an authorized member thereof. It shall be nontransferable and shall be valid only for the location stated in the permit. (Ord. 541, §1, adopted 1961; Ord. 1206, §1, adopted 2020)
§4204 DURATION OF PERMIT; TERMINATION OR MODIFICATION; NOTICE TO PERMITTEE
The permit shall continue until modified or terminated, and the same way be modified or terminated at any time whenever in the opinion of the Zoning Administrator the circumstances have changed so as to cause any of the conditions set forth in section 4202 of this code to be present. At least ten (10) days’ notice in writing shall be given the permittee prior to any modification or termination becoming effective. Placing such notice in the regular U.S. mail, postage prepaid, and addressed to the permittee at the address appearing on the application shall constitute such notice. Permittee shall at all times keep the Zoning Administrator informed of any change in his address, and in the event of notification of such change such notice shall be given to permittee at such changed address rather than the address appearing in the application. (Ord. 541, §1, adopted 1961; Ord. 1206, §1, adopted 2020)
§4205 REFUSAL TO ISSUE PERMIT
If the Zoning Administrator finds that any one or more of the conditions set forth in section 4202 of this code are present, or would be present in the event the application were granted, it shall refuse to issue the permit requested, and shall notify the applicant of such action and the reason therefor. (Ord. 541, §1, adopted 1961; Ord. 1206, §1, adopted 2020)
§4206 ADMINISTRATIVE HEARINGS
In any case where an applicant for a permit, a permittee, or any other interested person is dissatisfied with any determination of the Zoning Administrator relative to the presence or absence of any of the conditions mentioned in section 4202 of this code, or is aggrieved by any decision of the Zoning Administrator with respect to the issuance, modification or termination or refusal to issue, modify or terminate any permit required by this chapter, such person may apply for a hearing before the Hearing Officer of the City. Such hearing shall be held within fifteen (15) days from the date of filing the application for hearing, unless continued at the request of the appellant. Notice of the time and place of hearing shall be given the appellant, and he shall be entitled to appear in person or by counsel and present evidence. In the event such a hearing is requested by other than an applicant or permittee, any applicant or permittee affected thereby shall be given the same notice and shall have the same rights to appear and present evidence as the person requesting the hearing.
The Hearing Officer shall hear and consider evidence presented at such hearing, and shall decide the issue based upon the evidence presented. A decision must be rendered in writing by such Hearing Officer within ten (10) days from the date of hearing, and a copy of any such decision shall be furnished to the person requesting the hearing, and affected applicant or permittee, and any other interested person requesting the same. The decision may reverse, affirm or modify any action of the Zoning Administrator, and may provide such other determination as the Hearing Officer may deem appropriate. (Ord. 541, §1, adopted 1961; Ord. 1169, §2, adopted 2016; Ord. 1206, §1, adopted 2020)
§4207 APPEAL FROM DECISION OF ADMINISTRATIVE BOARD
Any person who has followed the procedure set forth in §4206 regarding administrative hearings and is dissatisfied with the decision of the Administrative Board may, within thirty (30) days thereafter, appeal to the City Council by filing a notice of appeal with the City Clerk. The Council shall thereupon fix a time and place for hearing such appeal. The City Clerk shall give notice to such person, and to all other persons appearing at the administrative hearing, of the time and place of hearing, and each shall have the opportunity to appear thereafter in person or by counsel and present evidence. The Council shall hear and consider evidence and shall decide the issue based upon the evidence presented. The appeal and its decision shall be final. (Ord. 541, §1, adopted 1961)
§4208 EFFECT ON PERSONS HAVING ANIMALS AT EFFECTIVE DATE OF CHAPTER; ANNEXATIONS
Any person, firm, or corporation having within the corporate limits of the City at the effective date of this Chapter any of the animals mentioned in §4200, shall have a period of thirty (30) days from and after the effective date of this Chapter to either apply for and receive a permit as required hereunder, or to remove such animals from within the corporate limits of the City. Any person, firm, or corporation having in any area annexed to the City subsequently to adoption of this Chapter, any such animals shall have a period of thirty (30) days from and after the date such annexation is effective to either apply for and receive such a permit or to remove such animals to without the corporate limits of the City. (Ord. 541, §1, adopted 1961)
§4209 EXCEPTION OF AREA OF FAIRGROUNDS
That portion of the 12th Agricultural District Fairgrounds which is located within the corporate limits of the City is hereby excepted from the operation of this Chapter, and no permit shall be required under this Chapter to have or keep animals at such location. (Ord. 541, §1, adopted 1961)
§4210 PENALTY FOR VIOLATION
Any person violating any of the provisions of this Chapter shall be guilty of a misdemeanor, and upon conviction thereof shall be punishable by a fine of not more than five hundred dollars ($500.00) or by imprisonment for a period of not more than six (6) months, or by both such fine and imprisonment. (Ord. 541, §1, adopted 1961)
§4211 DEFINITIONS
Unless the context otherwise requires, the following terms shall have the following meanings when those terms are used in this chapter:
HEARING OFFICER: An individual appointed by the City Council to hear and decide appeals of certain decisions made by City officials and entities, as defined further in section 23 of this code. (Ord. 1206, §2, adopted 2020)