(a)   No person shall keep, harbor, shelter, manage, maintain, or possess any undomesticated animal within the city, except as provided for in subsection (c).

(b)   No person shall keep any fowl, horse, mule, donkey, sheep, goat, swine, any undomesticated animal, or any animal belonging to the subfamily bovinae in any stable, shed, pen, corral, or similar structure within the city, except as provided for in subsection (c). The term “similar structure”, as used in this subsection, shall mean any area, place, or structure that is used for the housing, raising, feeding, or sheltering of such animals. This subsection shall apply regardless of whether the stable, shed, pen, corral, or similar structure is permanent or temporary.

(c)   The provisions of subsections (a) and (b) shall not apply to:

(1)   Chickens and ducks as set forth in Section 2-404; or

(2)   The maintaining of a stockyard or sales barn for the loading, unloading, temporary detention, and sale of such livestock, on the condition that the location of such stockyard or sales barn does not otherwise violate the zoning regulations of the city.

(Code 2008; Ord. 2018-04; Ord. 2023-01)

(a)   No person who is in charge of or who is the owner, harborer, or keeper of any horse, mule, donkey, sheep, goat, or any animal belonging to the subfamily bovinae shall willfully allow or permit such animal to: (1) run at large within the city; (2) be herded upon the streets, alleys, or public grounds of the city; or (3) be picketed upon any public grounds in the city in such a manner as to allow the animal to be upon any street, alley, or public ground of the city.

(Code 2008; Ord. 2023-01)

When any of the animals named in section 2-402 of this article shall be found at large in the city and not under the control of the owner or keepers thereof, it shall be the duty of the animal control officer to impound any such animal and keep the same in a safe place temporarily until the owner or keepers thereof shall be found. It shall be the further duty of the animal control officer to make diligent inquiries for the owners or keepers of any such animal or animals and return the same to any person lawfully entitled thereto. The animal control officer shall be entitled to receive from any such person the cost of feed and keeping of any animal impounded hereunder, and shall report the same to the council at its next meeting. When any animal shall be impounded which shall be a stray, as defined by law, but whose owner is not known in the community or whose owner cannot be found, the animal control officer shall report such impoundment to the sheriff of the county as provided by law.

(Code 2008)

(a)   The following terms shall be defined as follows for purposes of this section:

(1)   Fowl shall mean those birds commonly kept for the production of meat, eggs or feathers, which shall include, but not be limited to, chickens, ducks, turkeys, geese, swans, peafowl, guinea fowl, ostriches, and emus.

(2)   Lot shall mean a parcel or tract of land that is platted or legally described and that is on record in the office of the Kearny County Register of Deeds.

(3)   Permitted fowl shall mean ducks and female chickens.

(4)   Similar structure shall mean any structure that is used for the housing, raising, feeding, or sheltering of permitted fowl.

(5)   Waste shall mean animal droppings and any unconsumed feed that is soiled or spoiled.

(b)   It shall be unlawful for any person to own, keep, or maintain any fowl within the city, except for permitted fowl as defined in this section.

(c)   The maximum number of permitted fowl allowed shall be eight (8) chickens and two (2) ducks per individual lot or per any combination of abutting lots under common ownership. The maximum number of permitted fowl shall apply to any individual lot or any combination of abutting lots under common ownership regardless of whether such permitted fowl are owned, kept, or maintained on such lot or lots by one person, more than one person, or any combination of persons. It shall be unlawful for any person to own, keep, or maintain a total number of permitted fowl on such lot or lots in excess of the maximum number of permitted fowl set forth by this subsection or to otherwise violate any provision of this subsection.

(d)   It shall be unlawful for any person to suffer or permit any fowl owned by or in the charge or control of such person to run or be at large within the limits of the city upon the public streets, ways, or grounds of the city or upon the premises of other persons.

(e)   The keeping of any permitted fowl shall be subject to any nuisance law or nuisance ordinance, including, but not limited to, Section 11-101(9.5), and amendments thereto.

(f)    It shall be unlawful for any person to keep any permitted fowl in any coop, fenced area, or similar structure located within one hundred (100) feet of the dwelling of any person other than the keeper of such fowl. This subsection shall apply regardless of whether the coop, fenced area, or similar structure is permanent or temporary.

(g)   It shall be unlawful for any person to dispose of any feathers, organs, bones, or waste produced by fowl inside dumpsters without being bagged.

(h)   It shall be unlawful for any person to own, keep, or maintain any permitted fowl in violation of any of the following keeping requirements:

(1)   Permitted fowl shall be kept in the rear or side yard of a lot and within a fenced area.

(2)   No permitted fowl shall be kept or permitted to be in the front yard of a lot.

(3)   A coop or similar structure shall be provided for any permitted fowl. Any such coop or similar structure shall be a minimum of three (3) square feet in size per permitted fowl if the fowl have a fenced outdoor run or a minimum of ten (10) square feet per permitted fowl if the fowl do not have a fenced outdoor run. Any such coop or similar structure, including any outdoor run, shall be screened or walled in a manner that allows the permitted fowl to be reasonably protected from predators and weather elements. Notwithstanding the foregoing, any duck that is not capable of flight may be allowed to walk in a rear yard area if such area is fenced and if the duck is under the supervision of an owner.

(4)   Laying boxes shall be provided for the permitted fowl. Any such laying boxes shall be a minimum of one (1) square foot of laying box space per three (3) chickens. Each laying box shall contain bedding material such as hay or any other soft material.

(5)   A roost shall be required for each chicken. Any such roost shall be at least eight (8) inches long per chicken. A roost shall not be required for ducks.

(6)   Any coop, similar structure, and outdoor run, including any laying box, roost, bedding material, and any other object located therein, shall be kept in a clean and sanitary condition to prevent the presence of vermin and to prevent the unreasonable accumulation of any waste, noxious substances, and noxious odors.

(7)   Any feed for the permitted fowl shall be kept in a clean, dry, and closed container.

(8)   Any water for the permitted fowl shall be clean and shall be changed on a daily basis.

(i)    Each person who owns, maintains, or keeps any permitted fowl within the city shall pay an annual fee to the city, by March 1st of each year, as follows:

(1)   Chickens – Ten Dollars ($10.00) per chicken; and/or

(2)   Ducks – Ten Dollars ($10.00) per duck.

(j)    A violation of any provision of this section is a Class C violation.

(k)   Upon a conviction of any provision of this section, a person shall be fined not less than $100, except that a person who is convicted of violating subsection (b) and who was found to have owned, kept, or maintained fowl that is a rooster shall be fined no less and no more than $500 per rooster.

(l)    Each day during which any violation of this section continues shall constitute a separate offense

(Ord. 2023-01)