No person shall, as owner, lessee or occupant, maintain any stable, shed, pen or other enclosure where any animals are kept closer than twenty-five (25) feet to the dwelling house of another, or shall permit the same to remain uncleaned as determined by the control officer.

A. Maintenance Requirements—Penalty.

1. Cleanliness. It is declared to be a nuisance and unlawful for any person to maintain any dog or pup in an area that is not at all times clean, dry and sanitary and free from excessive debris, garbage, water and offensive odors. All yards and pens shall be cleaned daily.

2. Drainage of Premises. All dog pens and yards shall be so located that an adequate drainage is obtained and normal drying occurs and standing water is avoided.

3. Inspection by City. All premises subject to the right of entry on which any animals are kept shall be subject to inspection by animal control officers. If the authorized personal of the city determines from such inspection that the premises is not being maintained in a clean and sanitary manner, such deficiencies shall be corrected within forty-eight (48) hours after notice is served on the occupier of said premises.

B. Pens and Coop—Locations.

1. All fowl and rabbits shall be kept within a pen, coop or hutch. A fenced yard shall not qualify as a pen or coop.

2. Any person keeping or harboring an animal, other than livestock, shall locate any pen, coop, or hutch at least fifty (50) feet from any residence, excluding the residence of the person keeping or harboring the animals.

C. Sale of Animals in Public Places.

1. Not in lieu of or withstanding any permit requirements imposed herein, if an animal is offered for sale in a public place within the city, the person offering the animal for sale of the animal, the manager of the property which is the public place on which the offer is being made, and the owner of the property which is the public place on which the offer in being made, shall be responsible for ensuring that the animal protections of this article are complied with in regard to the animal offered for sale in a public place during the time the animal is in the public place.

2. If an animal offered for sale in a public place is kept within a cage or pen of any type, such cage or pen shall comply with the following requirements:

a. The cage or pen must be large enough for the animal to stand on all of its legs and hold its head in a natural position and not be in a crouched position. The cage or pen must also have enough room for the animal to turn around or move without stepping on another animal, animal feces or food or water provided for the animal;

b. Then cage or pen must either have room for water and food or have water and food situated so that the animal has access to it through the cage; and

c. The cage or pen must be situated so that air may circulate through it, so that any animal kept within the cage or pen is not exposed to extreme heat. During cold or inclement weather, cages or pens should be situated so that animal contained therein may stay warm and stay dry. (Ord. G-1011 § 1 (part), 2007: Ord. G-1001 § 1 (part), 2007)