|
 After that discussion, they also talked about setting boundaries for
livestock and exotic animals.
Building and Safety officer John Lebegue explained to the commission
that right now the city has no ordinances prohibiting exotic
animals. He said because there is no ordinance; those animals are by
default allowed.
He said many of these animals are dangerous to society, and can
create a public nuisance. He told the commission he had researched
what the ordinances were in other communities and had drawn up a
sample ordinance for the commissioners to consider.
In reviewing the document Lebegue provided, the commissioners seemed
to be in agreement with most of it. They took exception to
prohibiting the keeping of bees, saying these insects were necessary
for pollination. Lebegue countered saying there are also people who
are deathly allergic to bees and that needs to be a consideration.
They also noticed that in Lebegue’s draft there was no mention of
monkeys. However, there is a blanket statement in the clause that
could cover monkeys. That statement says, “or non-domesticated
animal found in its natural state to be wild and potentially
dangerous to human life.”
At the Tuesday night workshop session of the Lincoln City Council,
Lebegue advised the aldermen that the commission was working on this
ordinance proposal. The details are not yet complete, but he said it
would be coming before the council in the near future.
Below is a copy of the document prepared by Lebegue and shared with
the planning commissioners on June 19.
(copy)
SUMMARY AND BACKGROUND OF SUBJECT MATTER:
The recent petitions filed in regard to the keeping of horses and
goats on a residentially zoned properties in the City revealed that
the existing code language does not fully clarify what constitutes
livestock and that there are no restrictions of any kind in the
current City Code in regard to the prohibition of keeping wild
animals potentially dangerous to human life. A survey of comparable
municipalities was performed to determine how other municipalities
were addressing this matter and to find code language to incorporate
into the City Code. In all, 12 municipalities were surveyed and
following is the code language of three municipalities that had the
most complete regulations:
Effingham
Keeping Animals Other than Domesticated Pets
Except as otherwise expressly provided for in
this chapter, no person shall keep, harbor or allow to be kept
within the city limits any live chicken, turkey, goose, duck or any
other poultry or byproduct bird, goat, sheep, swine, cattle, horse,
or any type of hoof stock, any type of farm animal including any
pygmy or miniature variety thereof; any lion, tiger, leopard,
ocelot, jaguar, cheetah, margay, mountain lion, lynx, bobcat,
jaguarondi, bear, hyena, wolf, wolf-hybrid, poisonous reptile, or
non-domesticated animal found in its natural state to be wild and
potentially dangerous to human life. It is no defense to a violation
of this section that the owner or keeper of the animal has attempted
to domesticate the animal.
[to top of second column] |
Morton
Prohibition of Certain Animals
It shall be unlawful for any person to own, use, keep, or permit
to be at large within the Village any of the following animals:
bees, pigeons, horses, cattle, sheep, ponies, mules, goats,
pigs, swine, hogs, ducks, geese, chickens, fur-bearing and game
animals, or any other livestock or poultry or any wild or
vicious animals dangerous to mankind.
East Peoria
Certain Animals Prohibited in City
Except as otherwise provided in this Code or by state law, it shall
be unlawful for any person to own, use, keep or permit to be at
large within the city any of the following animals: Bees, pigeons,
horses, cattle, sheep, ponies, mules, goats, pigs, swine, hogs,
ducks, geese, chickens, minks, skunks, foxes, rabbits, or any other
livestock or poultry or any wild or vicious animals dangerous to
mankind.
STAFF ANALYSIS AND OBSERVATIONS
Upon review of the code language of Effingham,
Morton and East Peoria, staff feels that the code language of
Effingham is the most comprehensive and is the type of code language
that should be incorporated into the City Code to fully clarify
which animals are specifically prohibited within the City. The
keeping of horses would be the only exception, since a private horse
stable use constitutes a special use in the R-1, Residence District
on a property of at least 10 acres in area as a result of a recent
text amendment to the City Code, but the keeping of horses in any
other area of the City would be prohibited. In the opinion of staff,
the only addition to Effingham language that should be made is to
add pigeons and bees to the list of animals prohibited within the
City, as the Building and Safety Dept. has had numerous complaints
in regard to a resident who keeps pigeons and creates a public
nuisance by not keeping the area free of waste. The text of the City
Code should be amended with the following language:
Section 6-2-32, Keeping of Certain Animals Prohibited
Except as otherwise expressly provided for in this chapter, no
person shall keep, harbor or allow to be kept within the city limits
any live chicken, turkey, goose, duck or any other poultry or
byproduct bird, pigeons, bees, goat, sheep, swine, cattle, horse, or
any type of hoof stock, any type of farm animal including any pygmy
or miniature variety thereof; any lion, tiger, leopard, ocelot,
jaguar, cheetah, margay, mountain lion, lynx, bobcat, jaguarondi,
bear, hyena, wolf, wolf-hybrid, poisonous reptile, or
non-domesticated animal found in its natural state to be wild and
potentially dangerous to human life. It is no defense to a violation
of this section that the owner or keeper of the animal has attempted
to domesticate the animal.
[By NILA SMITH] |
