Chapter 6.07
LIVESTOCK
Sections:
6.07.035 Chicken hens for the personal use of eggs.
6.07.040 Rabbits, mink, chinchilla, guinea pigs and other animals similar in size and nature.
6.07.050 Swine, sheep, goats and donkeys prohibited.
6.07.060 Horses, cows, mules and other animals similar in size and nature.
6.07.080 Livestock running at large.
6.07.100 Enforcement--Violation--Penalty.
6.07.010 Definitions.
As used in this section:
A. "Animals similar in size and nature" for the purpose of this chapter means any animal not listed, which may be kept within the town limits with council approval.
B. "Enclosure" means any building or fenced area used to contain livestock.
C. "Livestock" means any horses, mules, cows, sheep, goats, swine, donkeys and any other animals similar in size and nature.
D. "Person" means firms, corporations, associations, partnerships, societies and individuals.
E. "Residence" means any building or part of a building used for the purpose of human habitation or dwelling. (Ord. 396 §32, 2002)
6.07.020 Compliance required.
It shall be unlawful for any person to keep or maintain any livestock within the town limits, except as provided in this chapter. (Ord. 396 §33, 2002)
6.07.030 Poultry.
It shall be unlawful for any person to keep or maintain any chickens, ducks, geese or any other domestic fowl within the town limit without a permit as designated in Section 6.07.090. (Ord. 396 §34, 2002)
6.07.035 Chicken hens for the personal use of eggs.
Chicken hens may be kept for the personal use of eggs with a permit as designated in Section 6.07.090. No more than four chicken hens over the age of six months may be kept on any single-family dwelling location. No roosters will be permitted. No chicken shall be allowed to run at large and all chickens shall be enclosed within a henhouse, coop, or run at all times. Coops, henhouses and runs shall be located within a side yard or rear yard only. Coops shall be at least twenty-five feet from any neighboring dwelling and at least ten feet from any property line. No portion of any run shall be within ten feet of any property line, except where the property line abuts an alley. All coops, henhouses and runs shall be maintained in neat, sanitary, dust-free condition and cleaned on a regular basis so as to prevent offensive odors. All coops, henhouses and runs shall be maintained in a manner that ensures rodents are not present. All feed or food set aside for chickens shall be stored in rodent proof containers and feeders. (Ord. 574 §1, 2016)
6.07.040 Rabbits, mink, chinchilla, guinea pigs and other animals similar in size and nature.
It shall be lawful to keep or maintain in the town limits, rabbits, mink, chinchilla, guinea pigs or other animals similar in size and nature, for use as pets only.
A. Keeping or maintaining rabbits, mink, chinchilla, guinea pigs or other animals similar in size and nature for commercial use is strictly prohibited. Each day the animals are kept or maintained shall constitute a separate violation.
B. All rabbits, mink, chinchilla, guinea pigs, and other animals similar in size and nature will be kept in pens. The pens will be so designed as not to restrict the movements of the animal, but not to allow its escape.
C. Any rabbit, mink, chinchilla, guinea pig or other animal similar in size and nature found running at large may be trapped by means of a live trap, by the persons whose property the animal is running at large on. If the owner of the animal cannot be located, the animal may be disposed of in accordance with Section 6.06.040.
D. Releasing any rabbit, mink, chinchilla, guinea pig or other animal similar in size and nature is strictly prohibited.
E. Any person found in violation of this section shall have committed a civil infraction and be subject to a fine as set forth in Section 1.08.030. (Ord. 425 §5, 2004: Ord. 396 §35, 2002)
6.07.050 Swine, sheep, goats and donkeys prohibited.
Keeping or maintaining any swine, sheep, goats or donkeys inside the town limits without a permit under Section 6.07.090 is declared to be a nuisance. Any person violating this section shall have committed a civil infraction and, in addition to abatement of the nuisance, shall be subject to a fine as set forth in Section 1.08.030. Every day of violation shall be deemed a separate offense. (Ord. 425 §6, 2004: Ord. 396 §36, 2002)
6.07.060 Horses, cows, mules and other animals similar in size and nature.
Horses, cows, mules and other animals similar in size and nature are permitted inside the town limits except areas zoned residential and under the following conditions:
A. No animal shall be kept on any property of less than one acre in area. For each additional head of livestock kept on the premises, there must be one-half additional acre. The acreage required to maintain the livestock must be adequately fenced to properly contain animals. See subsection (C) of this section.
B. All animals must be in an enclosure of such nature as not to restrict the animals, but be adequately built and maintained to prevent the animals from breaking through, out or over or under the same.
C. No enclosure shall be placed closer than ten feet from the property line, or no closer than fifty feet from the nearest residence, not including that of the owner. (Ord. 396 §37, 2002)
6.07.070 Maintenance.
All buildings, stables, pens or enclosures shall be cleaned of manure or other refuse at least once each week and such manure or refuse shall be placed in fly proof containers until disposed of in such a manner as approved of by the animal control officer or their designee. Enclosures, barns and pens must be sprayed monthly, or as needed, with an adequate insecticide, from April 1st to October 31st each year. Grounds shall be limed or treated in a similar manner as needed to control odors. Any person found to have violated this section shall have committed a civil infraction and be subject to a fine as set forth in Section 1.08.030. Each day of violation shall be deemed a separate offense. (Ord. 396 §38, 2002)
6.07.080 Livestock running at large.
A. Any person having ownership, charge, care, custody or keeping of any livestock who permits the same to run at large within the town limits shall have committed an infraction subject to a fine as set forth in Section 1.08.030. Each day of violation shall be deemed a separate offense.
B. Any livestock found running at large in the town limits is subject to impoundment by the animal control officer or their designee. All costs for impoundment, transportation and storage of the livestock will be held against the person having ownership, charge, care, or custody of the livestock.
C. Upon impoundment of livestock, the livestock will be transported to a suitable structure until the person having control over the livestock claims such livestock and pays all reasonable cost for impoundment, transportation and storage. If, after locating the person who has control over such livestock, that person refuses to claim the livestock, the town has the right at that time to auction the livestock at a public auction or sell the livestock to a private person. Any money left, after the paying for the impoundment, transportation, storage and the cost of sale of the livestock shall be paid to the person having control over the livestock at the time of impoundment.
D. If no person having control over the livestock can be located, the town will run one ad in the local newspaper and if after four days from the date of publication no person has claimed control over such livestock, the town shall have the right to sell such livestock, whether at a public auction or to a private person. All proceeds from such sale shall be placed in the current expense fund of the town of Wilbur. (Ord. 425 §7, 2004: Ord. 396 §39, 2002)
6.07.090 Special permit.
A. As it is not the desire or the attempt of the town to keep persons from raising certain animals for 4-H projects or other civic organizations, to show such animals at fairs or any other such showing, or to raise chicken hens for the personal use of eggs, a special permit may be applied for, to the town council, by first writing a letter to the council. The letter for a special permit will include at least the following information:
1. The type and description of the animal for which the permit is being requested.
2. Where the animal is to live. Include any special property characteristics.
3. Species of the animal.
4. Why you are requesting a special permit. Include any special circumstances.
5. How long the animal is to remain inside the town limits.
6. Letter from the surrounding neighbors within one hundred feet of the property where the animal is proposed to be kept, whether in approval or disapproval of the permit.
7. Specifically how you will comply with the requirements of this chapter of the Wilbur Municipal Code for keeping the animal(s).
B. If after reviewing the letter the town council grants a special permit for the animal(s), the permit may be obtained at the town clerk’s office. The permit will include any special instructions which the town council places on the animal(s), the date(s) the animal(s) will be permitted to reside inside the town limits and the person who has responsibility for the animal(s). In the event the person responsible for the animal(s) is a juvenile, then the juvenile’s parent(s) or legal guardian(s) shall be listed and responsible for abiding by all the conditions of the special permit.
C. Any violation of the special instructions of the special permit will result in the immediate termination of the permit and the required removal of the animal(s) from the town limits.
D. The person responsible for the animal(s) may appeal any determination that a violation of any condition of the special permit has occurred to the town council by submitting a letter to the town council explaining the circumstances which led to the alleged violation, what corrective action has been taken to eliminate the violation, and any additional information the town council should consider. Within thirty days of receipt of the appeal letter by the town the town council will review the appeal letter and determine whether to grant the appeal and allow the animal(s) to remain. The animal(s) will be allowed to remain on the premises during the appeal period.
E. Any person violating the provisions of this section shall have committed a civil infraction and shall be subject to a fine as set forth in Section 1.08.030. Each day of violation shall be deemed a separate offense. (Ord. 574 §2, 2016; Ord. 425 §8, 2004: Ord. 396 §40, 2002)
6.07.100 Enforcement--Violation--Penalty.
It shall be the duty of the police officers and or an animal control officer designated by the town to enforce this chapter. Any person violating the provisions of this chapter shall have committed a civil infraction and shall be subject to a fine at the rate as set forth in Section 1.08.030. Each day of violation shall be deemed a separate offense. (Ord. 396 §41, 2002)