SECTION 10.05. ANIMALS AND FOWL -- KEEPING, TRANSPORTING, TREATMENT, HOUSING.

Subd. 1. Definitions. As used in this Section, the following definition shall apply.

A. "Farm Animals" -- Cattle, horses, mules, sheep, goats, swine, ponies, ducks, geese, turkeys, chickens, guinea hens and honey bees.

B. "Animals" -- Includes farm animals and all other animals, reptiles and feathered birds or fowl except dogs, cats, gerbils, hamsters and caged household birds.

C. "Chicken"-Chicken means a domesticated bird that serves as a source of eggs or meat.

D. "Coop"-the structure for the keeping or housing of chickens permitted by the ordinance.

E. "Run"-a fully enclosed and covered area attached to a coop where chickens can roam unsupervised.

F. "Hen"-a female chicken.

G. "Rooster---a male chicken.

Subd. 2. Keeping. It is unlawful for any person to keep or harbor any animal, not in transit, except (1) farm animals kept in that portion of the City zoned for agricultural purposes, or, (2) animals kept as part of a show licensed under the City code, or, (3) animals used in a parade, or, (4) animals kept in a laboratory for scientific or experimental purposes, or, (5) animals kept in an animal hospital or clinic for treatment by a licensed veterinarian, or, (6) permitted chickens per city ordinance.

Subd. 3. Animals in Transit. It is unlawful for any person to transport animals unless they are (1) confined within a vehicle, cage or other means of conveyance, or, (2) farm animals being transported in a portion of the City zoned for agricultural purposes, or, (3) restrained by means of bridles, halters, ropes or other means of individual restraint.

Subd. 4. Chickens Limited

It is unlawful for any person to own, keep or maintain hen chickens in the city unless the property is in the Ag zoning district or the person is issued a zoning certificate. A zoning certificate shall only be issued for a property situated in the R-1 and R-2 ("single family residence") district. No zoning certificate shall be issued for more than five (5) hen chickens or one chicken per 1,800 square feet of lot size, whichever number is less. Roosters are prohibited.

Subd. 5. Permit Required.

No person shall own, keep, harbor or have custody of any live chicken without first obtaining a permit in writing from the City. A person applying for a permit shall include the following information in written form: A scaled diagram with the location of the chicken coop or run on the property; property lines with dimensions and location of buildings; distance from the coop or run to adjacent buildings not located on the property; and, a completed application which includes written consent of one hundred (100) percent of the owners or occupants of privately or publicly owned real estate that is located adjacent (i.e., sharing property lines) on the outer boundaries of the premises for which the permit is being requested, or in the alternative, proof that the applicant's property lines are one hundred fifty (150) feet or more from any house. Cost of the annual permit shall be set by resolution.

Subd.6. Chicken Coops and Runs.

A separate coop is required to house chickens. Coops can not be housed within or attached to a residential building including a garage. All chicken coops and runs must be located within the rear yard and are subject to the required setbacks for accessory structures; must be located at least 50 feet from any existing residential building not located on the property; and, must be screened from all adjacent properties and streets. Screening can include: An existing building; a four-foot high solid fence; or a four-foot in height (high) landscaped hedge. Hen chickens must be confined in a chicken coop or run at all times.

Subd.7. Slaughtering

Slaughtering of animals is prohibited.

Subd. 7. Treatment. It is unlawful for any person to treat any animal as herein defined, or any other animal, in a cruel or inhumane manner.

Subd. 8. Housing. It is unlawful for any person to keep any animal as herein defined, or any other animal, in any structure infested by rodents, vermin, flies or insects, or inadequate for protection against the elements.

Subd. 9. Trespasses. It is unlawful for any person to herd, drive or ride any animal over and upon any grass, turf, boulevard, City park, cemetery, garden or lot without specific permission from the owner.

Subd. 10. Violations.

Any person who owns, keeps or maintains hen chickens without obtaining or maintaining a current permit, or after a permit has been suspended or revoked, shall be guilty of a misdemeanor. In addition, a violation of this section shall be considered a nuisance and the city may abate the same as provided if in the provisions of Section 10.13 of this code.