City Ordinances

Chapter 17

Animal Control Ordinance

1701 Definitions

Limited Number of Animals

A person can have up to a combination of 3 dogs or cats on a single family lot.
A person can have up to a combination of 2 dogs or cats on a multi-family lot.
For the purpose of this ordinance: if you are feeding an animal regularly, they are defined as your pet.

Pets

A small animal which either lives inside or outside of your home, can also be classified as a companion animal living with people.

Exotic Pets

An exotic pet is a rare or unusual pet, or an animal kept within human households which is generally thought of as a wild species not typically kept as a pet. Specifically, “exotic” refers to a species which is not native or indigenous to the owner’s locale; and “pet” is a companion animal living with people.

Pets for Therapeutic Use

Animals used as prescribed by a therapist or doctor to help with the treatment of their patient.


1702 Domestic Fowl, Domestic Farm Animals, and Pets

For the purpose of this ordinance, domestic fowl are defined as follows
Small-size domestic fowl include chickens, ducks, quails, pheasants, and pigeons.
Medium-size domestic fowl include turkey and geese.

It is unlawful for any person to keep domestic fowl, domestic farm animals, or pets within the City limits except as follows:
Subject to the requirements of this section, no more than twelve (12) small-size domestic fowl, of which no more than one (1) may be a male chicken (rooster), or four (4) medium-size domestic fowl, may be kept on a lot or parcel of land in a residential zone on which the primary use is a single-family dwelling.

For a lot on which the primary use is a multi-family dwelling, no more than four (4) small size domestic fowl, and no (0) male chickens (roosters) may be kept per family unit. No medium-size domestic fowl shall be kept on parcels or lots for which the primary use is multi-family dwelling.

The keeping of emu, ostrich, pigs, mature male goats, exotic pets, or any creature, animal, or fowl known to transmit disease or inflict harm shall not be permitted within the corporate limits of Fairview City.

For the keeping of small- and medium-sized fowl, the enclosed area shall include a covered, ventilated, and predator-resistant coop.

The coop shall have a minimum floor area of at least two (2) square feet per small-size fowl and four (4) square feet per medium-size fowl.

If fowl are not allowed to roam within an enclosed area outside the coop, the coop shall have a minimum floor area of six (6) square feet per small-size fowl and ten (10) square feet per medium-size fowl.

All pens are to be maintained and kept clean to prevent odor and insects from causing problems.

If animals are allowed to free range, they must be kept from straying onto neighboring property. Neighbors will not be held liable for any free-ranging animal that is damaged or killed while not on their owner’s property.

Any violation of this ordinance will be fined $50 for the first (1st) violation; $100 for a second (2nd) violation, and $250 for a third (3rd) violation. Additional violations may result in a Class C misdemeanor charge against the homeowner or renter.

The requirements for shelter and enclosure for small animals are the same as the requirements above for small fowl.


1703 Limitations on the Keeping and Maintenance of Animals and Fowls

A person can have up to a combination of 3 dogs or cats on a single family lot.
A person can have up to a combination of 2 dogs or cats on a multi-family lot.
The kittens of a pet cat, or the puppies of a licensed pet dog, may be kept without penalty for 8 weeks, after which time the maximum number of three (for single-family) or two (for multi-family) pets is in effect.

No more than a total of two (2) equine (horses, donkeys, mules) or bovine (calves, cows), or llama; or no more than a total of four (4) female sheep or goats with offspring; or no more than a total of twelve (12) poultry, fowl, rabbits, or small animals like unto shall be kept or maintained per half-acre parcel or plot in the Residential-Agricultural zone.

Animals shall be properly sheltered and restrained upon an approved lot or parcel of land at all times. If an animal is unrestrained and allowed to wander freely to off the property, and is injured or killed on another person’s property, the other person is not liable for the damage to the unrestrained animal.

All dogs must have a current dog tag on their collar. Any dog or cat that is running loose within the City limits, causing a nuisance, can be picked up by the animal control officers and be penned and house until such time as prescribed by the City Ordinance. If your animals have been impounded, all fees shall be paid at the City Offices. When the fees are paid in full, the office personnel shall contact the pound master or other city employee to arrange the release of said animal.

On the first offense, impounding fees shall be $20 for the first (1st) day and $10 for each and every following day the animal is impounded. For the second offense, impounding fees shall be $35 for the first (1st) day and $10 for each and every following day the animal is impounded. On the third offense, impounding fees shall be $50 for the first (1st) day, and $10 for each and every following day the animal is impounded.

When a dog is licensed, one copy of the registry shall be kept at the animal shelter and one copy of shall be kept with the animal license book.

The City Office personnel shall keep a record of each animal at the animal shelter. After being impounded, all dogs and cats shall be photographed and their photo posted in the information bulletin board at City Hall so parties interested in adopting these animals may see what is available.


1704 Exotic Pet Permit Requirements

The keeping of emu, ostrich, pigs, mature male goats, exotic pets, or any creature, animal, or fowl known to transmit disease or inflict harm shall not be permitted within the corporate limits of Fairview City.

Exotic pets may be permitted only if:

  • Owners of such animals comply with requirements for either the individual animal or the specific species as allowed by the City council;
  • All applicable fees are paid;
  • No violations of the animal ordinance have been committed within the previous twenty-four (24) month period;
  • All provisions of the section are complied with and no animal is deemed a nuisance.

1705 Pets for Therapeutic Use

Animal-assisted therapy is a type of therapy that involves animals as a form of treatment. Animals can be useful for educational and motivation effectiveness for participants. A therapist who brings along a pet may be viewed as being less threatening, increasing the rapport between patient and therapist. Animals used in therapy include domesticated pets, farm animals, and marine mammals.

Therapeutic pets may be permitted provided only if:

  • The therapeutic pet is prescribed by a licensed doctor or therapist;
  • Owners of such special animals comply with requirements for either the individual animal or the specific species as allowed by the City Council;
  • The therapeutic pet is licensed with the City;
  • While the animal is in therapy use, the owner must carry $50,000 minimum liability insurance policy for any injuries inflicted by the animal; certification that the animal has adequate housing; and meet all federal and state guidelines for licensing. Present a copy of insurance during the licensing process.

The owner of a therapeutic pet must follow section 1702 requirements.

Size of lot (single-family dwelling) Number of small fowl or animals allowed Number of medium-size fowl allowed Number of equine allowed
One-half (1/2) Acre 12
(1 rooster allowed)
4 2
One (1) Acre 18 6 3
One and one-half (1½) Acres 24 8 4
Two (2) or more Acres 30 10 5