§ 4-4. Keeping horse, mules, cattle, sheep, goats, livestock, or other farm animals in enclosed areas.

(a)

It shall be unlawful for any person to keep any horses, mules, cattle, sheep, goats, livestock or other farm animals, within the town limits without first having obtained a special exemption permit from the town council after a public hearing on the permit application. The mayor shall retain veto power over said permit and the council has the authority to override the veto by a favorable vote of at least four-fifths of its authorized membership. Only horses, mules, cattle, sheep, goats, livestock or other farm animals owned by the property owners will be permitted. The written application for exemption permit shall contain at least the following:

(1)

Applicant's name, address and ownership interest of all parties in the property for which the exemption permit applies.

(2)

Copy of map, plat or survey showing the property for which the exemption permit applies and site plan that shows all adjacent properties.

(3)

Names and mailing addresses of each property owner adjacent to the property.

(4)

Size, construction material and location of the proposed shelter.

(5)

Description and number of animals requested for the exemption permit.

(6)

Information sufficient to address all of the conditions stated below that will be contained in any exemption permit granted.

(7)

Certification by the application that notice of application for exemption permit, at costs of the applicant, will be mailed by certified mail to all property owners adjacent to the exemption property. The notice shall state the date of hearing on the exemption permit application and provide each property owner with a copy of the permit application. The hearing date shall not be less than thirty (30) days from date the notice is mailed to the adjacent property owners.

(8)

At the time of the submission of the special permit application the applicant shall pay the town a processing fee of $250.00.

(b)

Any special exception permit approved shall contain at least the following conditions:

(1)

The horses, mules, cattle, sheep, goats, livestock, or other approved farm animals must be kept in an enclosed area designated by the permit. The material (fencing) for enclosed area shall be designated in the permit.

(2)

The horses, mules, cattle, sheep, goats, livestock or other approved farm animals shall be housed within an adequate enclosed shelter located within the permitted area. The approved shelter shall be described in the permit. The shelter (stable, barn, arena, etc.) shall be constructed under the building codes and regulations of the town. The provisions of this ordinance shall control over any zoning ordinances or regulations.

(3)

No more than one shelter may be located or any tract of land. To house a shelter the tract of land must be at least three acres or more. If a tract of land is larger than three acres more than one shelter may be located provided there is at least three acres of land per shelter.

(4)

To be allowed and permitted to house or have any horses or other animals the property owner must have at least three acres of land. After meeting the minimum three acres land requirement, an area of not less than one usable acre for location of each horse or other animal is required, unless specifically authorized by the permit. The total number of horses or animals allowed on any tract of land shall be designated in the permit.

(5)

No business enterprise of raising any horses, mules, cattle, sheep, hogs, goats, livestock, other farm animals, rabbits, chickens, or fowls for sale shall be conducted within any residential zoning districts.

(6)

The person or organization granted the permit shall at all times maintain liability insurance to provide coverage for the animal in the insurance amount of at least $300,000.00 per occurrence.

(7)

In deciding whether to grant the permit, or to not grant the permit, the town council and mayor shall act to assure public safety and welfare is secured, and substantial justice is done for the protection of rights of the town citizens.

(c)

It shall be unlawful for any person to dispose of any manure or animal waste into any public ditch, storm drain, or sanitary sewer.

(d)

It shall be unlawful for any person to maintain any animal in condition which creates a noxious smell or condition constituting a public nuisance, or a condition which is inhumane or dangerous to the health and well being of the public and/or the animal.

(e)

Any person who presently keeps, harbors, or maintains any horse, mules, cattle, goats, sheep, livestock or other farm animals on any tracts of land as of date of adoption of this ordinance may continue to keep, harbor or maintain any such animal(s) but only on the exact same tract of land in the exact same manner of housing done at time of adoption of this ordinance. but Any additional placement of animals on the existing tract of land, or adjacent property purchased by the same owner after adoption of this ordinance, must comply with the permit approval describe in this section. For identification, location, and "grandfather" permitting requirements those persons who presently keep, harbor, or maintain any horse, mules, cattle, goats, sheep, livestock or other farm animals on any tracts of land as of date of adoption of this ordinance are required within six months of adoption of this ordinance to provide to the town sufficient information to identify the tracts of land, location of the shelter(s) and number of animals kept on the tracts of land.

(Ord. No. 624, 7-12-11)

Ord. No. 624, adopted July 12, 2011, amended the Code by, in effect, repealing former § 4-4 and adding a new § 4-4. Former § 4-4 pertained to driving animals through streets, and derived from Ord. No. 18, adopted September 9, 2007.