§ 4-76. Keeping wild animals and livestock.

(a)

Zoning. No livestock, as defined in section 4-1, or barnyard animals such as chickens, ducks or geese, shall be kept either penned or loose in any area unless permitted by the county. Animals considered wild shall not be kept in any residential area in the county. Horses kept for police purposes are exempt from the minimum land requirements of this section.

(1)

Keeping of livestock. Excluding horses for personal use as allowed in subsection (2), the keeping of livestock and agricultural/commercial uses associated with the keeping of horses (i.e. stables and riding grounds) is permissible only on a parcel of land that a) has an approved agriculture use and b) is within a land use (zoning) district which permits agriculture and/or is within an agricultural/aquacultural use overlay as set forth in section 130-120 of the Monroe County Land Development Code. The county's code compliance department will be responsible for enforcement of land zoning restrictions under this section, but the County's animal control officers will otherwise be responsible for enforcement relating to animal care.

(2)

Keeping of a horse for personal use. For purposes of this section, a horse is defined as a hoofed mammal categorized within the Species equus ferus caballus. For purposes of this section contiguous land means upland that a horse can walk or graze upon but it does not exclude the land upon which structures are built.

a.

A horse may be kept on a parcel of land that contains one acre or more of contiguous upland, and a small horse not higher at the shoulder than 14 ½ hands (55 in./146 cm) may be kept on a parcel of land that contains a half (½) acre or more of contiguous upland; if all of the following criteria are met:

1.

The horse(s) shall be for personal use only. Under no circumstance shall the horse(s) be kept for a primary on-site commercial purpose, such as a commercial riding ground. Equine therapy and education programs may be allowed as institutional uses where such institutional uses are properly permitted; and

2.

There shall be a lawful residential dwelling unit on the same parcel of land upon which the horse(s) is kept; and

3.

The areas in which the horse(s) is to roam shall be entirely enclosed with a fence of at least four feet in height.; and

4.

The stable or other area in which the horse(s) is kept overnight shall be located at least 50 feet from any residential dwelling unit, excluding the residential dwelling unit located on the parcel where the horse(s) is kept.; and

5.

For parcels of land containing over one acre of contiguous upland, an additional horse may be kept for each additional half (½) acre of upland.

b.

Non-conformities; Nonconforming uses, which have been established prior to the enactment of this ordinance, may continue unless the use is discontinued or abandoned for six consecutive months.

(b)

Wild animals.

(1)

No person, partnership or corporation shall possess or harbor any wild animal. This prohibition does not apply to zoological parks, properly licensed transient animal exhibitions, circuses, or licensed veterinarians or DNRDEP-licensed caregivers to wild animals.

(2)

Anyone in possession of a wild, or exotic animal, as defined and regulated by federal or state statutes, or a crossbreed of a wild or exotic animal with a domestic animal, shall meet the following requirements to keep the animal:

a.

Obtain and keep current a permit from the state for the keeping, possessing or exhibiting of a wild or exotic animal;

b.

Comply with zoning restrictions for the keeping or possessing of a wild or exotic animal; and

c.

Restrain the animal adequately so as to protect the public from any harm.

(c)

Hearing and disposition. When an animal control officer has reason to believe that an individual possesses an unpermitted wild or exotic animal, the officer shall submit a report to the office of the county attorney. The county attorney shall decide whether to petition the court for a show cause hearing to determine the animal's status as a wild or exotic animal. If an animal is determined to be wild or exotic by the court, the individual possessing the animal shall immediately comply with the restraint requirements set forth in this chapter. At any time following the judge's decision, if an animal control officer believes any wild or exotic animal has not been adequately restrained, the animal may be immediately taken into custody and held in a safe and humane manner until the owner can demonstrate compliance. Any individual whose animal has been so held by the animal control officer shall be responsible for the costs incurred as a result of failure to comply with this chapter.

(d)

Compliance period; citation. Any person possessing a wild or exotic animal shall have 14 calendar days following the court's decision to fully comply with this chapter. After 14 calendar days, if that person has not so complied, an animal control officer shall issue that person a citation for violating this chapter. The citation shall require an appearance before a judge and may result in the court-ordered destruction of the wild or exotic animal, or other disposition, at the cost of the owner.

(Code 1979, § 3-20; Ord. No. 006-2006, § 1; Ord. No. 022-2006, § 6; Ord. No. 044-2013, § 1 )