CHAPTER 2. ANIMAL CONTROL AND REGULATIONCHAPTER 2. ANIMAL CONTROL AND REGULATION\Article 3. Birds and Others

Article 3. Birds and Others

It shall be unlawful for any person to make, continue or cause to be made or continued, by the keeping of any animal or bird, which by frequent, unnecessary or unusually loud noise, shall disturb the comfort or repose of any persons in the vicinity or which annoys, disturbs or injures the health, peace or safety of others, within the limits of the City.

(Ord. 1118, Sec. 1; Code 2013)

(a)   Any person violating the provisions of this article shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined in an amount not exceeding $500.00 or be imprisoned in the County jail for a period not exceeding six (6) months, or by both such fine and imprisonment. Each day such violation is committed or permitted to continue shall constitute a separate offense and shall be punishable as such hereunder.

(b)   Violations of this article shall be prosecuted in the same manner as other misdemeanor violations of the City’s ordinances; provided, however, that in the event of violation of 2-401 hereof, a written notice of intention to prosecute will be given the alleged violator not less than five (5) calendar days prior to the issuance of a misdemeanor complaint. No complaint shall be issued in the event the cause of the violation is removed, the condition abated or fully corrected within such five (5) day period. In the event the alleged violator cannot be located in order to serve the notice of intention to prosecute, the notice as required herein shall be deemed to be given upon mailing such notice by registered or certified mail to the alleged violator at his last known address or at the place where the violation occurred, in which event the five (5) day period shall commence at the date of the day following the mailing of such notice.

(Ord. 1118, Secs. 2:3; Code 2013)

No person shall harbor or permit or allow to run at large within the city limits any chickens, ducks, geese, turkeys, ostriches, emus, or other fowl or large domestic birds. This provision shall not apply to:

(a)   The exhibition of such birds or fowl at any 4-H function or fair or parade, at a school or exhibit or presentation.

(b)   Parakeets, parrots, or other small birds, provided that said bird is kept in an appropriate case.

(c)   No more than three chickens which are kept in a suitable cage or chicken coop of appropriate size and which are solely used for the benefit of the family raising them. The ownership of chickens shall be subject to these provisions:

(1)   The chicken cage or coop must be located in the back yard, no closer than 50 feet to the nearest portion of any building occupied by or in any way used by human beings other than the owner or keeper of the chickens, and be kept in a sanitary manner in accordance with Section 2-113 of this chapter.

(2)   Chickens cannot graze in the front yard;

(3)   No roosters are allowed. The keeping of a rooster is a public nuisance.

(Ord. 1929)

(a)   No person or household shall own or harbor more than 3 birds or fowl of any species at one time.

(b)   No person or household shall own or harbor more than 5 total animals at one time, subject to the limitations on dog and cat ownership set forth in Section 2-123 of this chapter and limitations on bird ownership set forth in subsection (a).

(Ord. 1929)