City Council Ordinance 170ORDINANCE AMENDMENT NO. 170
THE CITY COUNCIL OF THE CITY OF MONTICELLO DO HEREBY ORDAIN THAT ORDINANCE
TITLE 61 CHAPTER 3, REGARDING ANIMALS; FOWL BE AMENDED AS FOLLOWS:
CHAPTER 3
ANIMALS; FOWL
SECTION:
6-3-1:
Animals kept within city limits
6-3-2:
Stables
6-3-3:
Fowls within city limits, permits
6-3-4:
Application for permit
6-3-5:
Duration of permit; fee
6-3-6:
Conditions for keeping animals; revocation
6-3-7:
Refusal to grant permit
6-3-8:
Pens; yards
6-3-9:
Animals, fowl at large
6-3-10:
Manure
6-3-1: ANIMALS KEPT WITHIN CITY LIMITS: No horse, mule, donkey,, pony,
cow, goat, sheep, or animal raised for fur bearing purposes shall
be kept within the city limits, except in an outlying district where there are
not more than three (3) residences, other than that occupied by the owner or
occupant of the premises upon which said animals are kept, within a distance of
five hundred feet (5001) of the structure housing or enclosing said animal,
unless a special written permit therefor is issued by the Animal Warden after
an inspection of the premises, and a finding of fact to the effect that no
nuisance shall be created thereby. Such special permit shall be issued for the
keeping of any such animals on any lot only in the following two (2) cases:
(1) Where such animals were being lawfully kept on such lot prior to enactment
hereof; (2) Where such animals were being lawfully kept on such lot after the
enactment hereof in an area in which there were not three (3) residences within
a distance of five hundred feet (5001) of the structure enclosing such animals,
and subsequently other residences were built bringing the structure housing the
animals within a restricted district. Such permit shall be for the term of one
year and shall not be renewed without a reinspection.
6-3-2: STABLES:
(A) Every stable or other building wherein any animal listed in Section
6-3-1 is kept shall be constructed of such material and in such manner that it
can be kept clean and sanitary at all times.
(B) Every such stable or other building occupied by authority of a
special permit shall, if located within two hundred feet (2001) of any tenement
or apartment house, hotel, restaurant, boarding house, retail food store,
building used for school, religious or hospital purposes, or residence other
than that occupied by the owner or occupant of the premises upon which said
creatures are kept, be provided with a water tight and fly tight receptacle for
manure, of such dimension as to contain all accumulations of manure, which
receptacle shall be emptied sufficiently often and in such manner as to prevent
its becoming a nuisance. Said receptacle shall be kept securely covered at all
times except when open during the deposit or removal of manure or refuse. No
manure shall be allowed to accumulate except in such receptacle.
(C) The Animal Warden shall, if he deems such measures necessary in order
to avoid a nuisance, require that any such building be screened tightly against
flies, and/or 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 insure proper protection to public health and safety, as
conditions precedent to the issuance of any such special permit.
6-3-3: FOWLS WITHIN CITY LIMITS, PERMITS:
(A) No person shall anywhere in the city keep, harbor, or maintain, care,
custody, or control over any small animal such as a rabbit, or any fowl such as
a chicken, turkey, or duck, or any pigeon, without obtaining a permit therefor
issued by the Animal Warden.
(B) The Animal Warden MAY grant any permit pursuant to this section after
the applicant has sought the written consent of AT LEAST EIGHT PERCENT (80%) of
the occupants of the several descriptions of the real estate situated within
100 feet of the applicant's real estate. SUCH WRITTEN CONSENT SHALL BE
REQUIRED ON THE FIRST AND INITIAL APPLICATION AND AS OFTEN THEREAFTER AS THE
ANIMAL WARDEN DEEMS NECESSARY.
(C) No permit shall be granted to keep any animal, fowl, or pigeon within
a dwelling unit or part thereof, nor on any real estate which contains three or
more dwelling units.
(D) This section shall not apply to dogs or cats nor to veterinarians or
licensed pet shops or licensed kennels.
6-3-4: APPLICATION FOR PERMIT: Any person desiring a permit under this
chapter shall make written application therefor to the Animal
Warden upon a form prepared by the Animal Warden, which application shall
describe the real estate upon which it is desired to keep said animals and
shall require the giving of such information by the applicant as the Animal
Warden may desire. Such application shall contain a statement by the applicant
that he will at all times keep such animals in accordance with all conditions
prescribed by the Animal Warden and failure to obey such conditions shall be a
violation of this chapter and shall be cause for cancellation of the permit by
the Animal Warden.
6-3-5: DURATION OF PERMIT; FEE:
(A) Each permit issued hereunder shall expire on March 31 next after the
issuance unless sooner revoked.
(B) The annual fee for a permit shall be Five Dollars ($5.00) which shall
be paid at the time of the making of the application therefor.
6-3-6: CONDITIONS FOR KEEPING ANIMALS OR FOWL; REVOCATION: The Animal
Warden may prescribe general conditions for the keeping of
animals or fowl and specific conditions as to a particular animal or fowl or
particular premises as in his or her judgment is necessary to safeguard public
health and the general welfare. The Animal Warden may revoke any permit
granted pursuant to this chapter if any such condition is violated or if any
pet becomes a public nuisance.
6-3-7: REFUSAL TO GRANT PERMIT: The Animal Warden may refuse a permit
to keep or maintain animals or fowl hereunder for failure to
comply with the provisions of this chapter and shall refuse a permit if in his
judgment such animals or fowl should not be kept upon the premises described in
the application for permit. If any such permit be refused, the fee paid with
the application shall be retained by the City to pay its expenses in the
investigation and consideration thereof.
6-3-8: PENS; YARDS: All structures, pens, coops, or yards wherein
animals or fowls are kept or permitted to be shall be maintained
in a clean and sanitary condition, devoid of all rodents and vermin, and free
from objectionable odors. The interior walls, ceilings, floors, partitions,
appurtenances of all such structures shall be whitewashed or painted as the
Animal Warden shall direct. The Animal Warden, upon the complaint of any
individual, shall inspect any such structure or premises and issue any such
order as may be necessary to carry out the provisions hereof.
6-3-9: ANIMALS, FOWL AT LARGE: No person shall suffer or permit any
horses, mules, donkeys, ponies, cattle, sheep, goats, swine,
rabbits, chickens, geese, ducks, or turkeys of which he is the owner,
caretaker, or custodian to be at large within the city. Any such creature
shall be deemed to be at large when it shall be off the premises owned or
rented by its owner and unaccompanied by the owner or an agent or employee of
the owner.
6-3-10: MANURE: No manure shall be dumped or left on any street, alley,
sidewalk, nor on any open area or lot in any inhabited portion of
the city. Neither shall any manure be used to grade in whole or in part any
sidewalk, street, open area or lot in said section, unless said manure is
completely covered with at least four inches (411) of dirt.
Adopted this 13th day of March, 1989.
Ken Maus, May -of
Rick Wolfstler
City Admini trator