CHAPTER II. ANIMAL CONTROL AND REGULATIONCHAPTER II. ANIMAL CONTROL AND REGULATION\ARTICLE 5. PROHIBITED ANIMALS

(a)      It shall be unlawful for any person, firm or corporation to keep, maintain or have in his or her possession or under his or her control within the city any poisonous reptile or any other dangerous wild animal or reptile, any vicious or dangerous animal or any other animal or reptile of wild, vicious or dangerous propensities.

(b)     It shall be unlawful  for any person to keep, maintain or have in his or her possession  or under his or her control within the city any of the following animals:

(1)          All poisonous animals including rear-fang snakes.

(2)          Apes:  Chimpanzees; gibbons; gorillas, orangutans; and siamangs.

(3)          Baboons.

(4)          Badgers.

(5)          Bears.

(6)          Bison.

(7)          Bobcats.

(8)          Cheetahs.

(9)          Crocodilians, 30 inches in length or more.

(10)        Constrictor snakes, six feet in length or more.

(11)        Coyotes.

(12)        Deer;  includes  all  members  of the  deer  family,  for  example,  white-tailed  deer,  elk, antelope and moose.

(13)        Elephants.

(14)        Hippopotami.

(15)        Hyenas.

(16)        Jaguars.

(17)        Leopards.

(18)        Lions.

(19)        Lynxes.

(20)        Monkeys.

(21)        Ostriches.

(22)        Pumas; also known as cougars, mountain lions and panthers.

(23)        Raccoons.

(24)        Rhinoceroses.

(25)        Skunks.

(26)        Tigers.

(27)        Wolves.

(c)      The prohibitions of this section shall not apply to bona fide pet shops, zoos, circuses, carnivals, educational institutions, or medical institutions, if:

(1)          Their location conforms to the provisions of the zoning ordinance of the city.

(2)          All animals and animal quarters are kept in a clean and sanitary condition and so maintained as to eliminate objectionable odors.

(3)          Animals are maintained in quarters so constructed as to prevent their escape.

(d)     The municipal judge shall have the authority to order any animal deemed vicious confined, destroyed or removed from the city.

(Ord. 1011; Code 2005; Ord. 1214; Ord. 1335)

It shall be unlawful to keep, harbor, own or in any way possess within the corporate limits of the city:

(a)      Any warm-blooded, carnivorous or omnivorous, wild or exotic animal (including but not limited to non-human primates, raccoons, skunks, foxes and wild and exotic cats; but excluding fowl, ferrets, and small rodents of varieties used for laboratory purposes).

(b)     Any animal having poisonous bites.

(Ord. 1011; Code 2005; Ord. 1214; Ord. 1335)

Any person violating or permitting the violation of any provision of this article shall upon conviction in municipal court be fined a sum not less than $200 and not more than $1,000. In addition to the fine imposed the court may sentence the defendant to imprisonment in the county jail for a period not to exceed 30 days. In addition, the court shall order the prohibited animal removed from the city. Should the defendant refuse to remove the prohibited animal from the city the municipal court judge shall find the defendant owner in contempt and order the immediate confiscation and impoundment of the animal. Each day that a violation of this article continues shall be deemed a separate offense. In addition, to the foregoing penalties, any person who violates this article shall pay all expenses, including shelter, food, handling, veterinary care and testimony necessitated by the enforcement of this article.

(Ord. 1011; Code 2005; Ord. 1214; Ord. 1335; Ord. 1358)

Any bond imposed under this Chapter shall be for a period of one year and shall be held by the city clerk  or agent and no interest  shall incur to the benefit of any person posting such bond during the period of the bond. Upon the failure of any person to reclaim the cash bond within 60 days following its expiration shall be deemed a forfeiture and the bond shall be paid to the city treasurer and paid to the general operating fund of the city.

(Ord. 1011; Code 2005; Ord. 1214; Ord. 1335)

(a)      Purpose. The Governing Body finds that, in order to advance the health, safety, and welfare of the residents of the City of Baldwin City, it is necessary to regulate the keeping of chickens and ducks within the City limits.

(b)     Definitions. The following words, terms and phrases, when used in the Article, shall have the following meanings, except where the context clearly indicates otherwise.

(1)          "Fowl" shall mean those domestic bird commonly kept for the production of meat, eggs or feathers.  For the purposes of this Article, Fowl shall include, but not be limited to, chickens, ducks, turkeys, geese, swans, peafowl, ostriches and emus.

(2)          "Permitted Fowl" shall, for the purpose of this Article, mean ducks and female chickens, excluding Roosters.  Roosters will not be allowed within the City limits of the City of Baldwin City.

(c)      Keeping of Fowl Prohibited; Exceptions.

(1)          Except as provided in subsection (c)(2), no person shall own, keep or harbor, on a temporary or permanent basis, any Fowl within the City.

(2)          A person may own, keep or harbor Permitted Fowl within the City, subject to the following restrictions:

(A)         The maximum number of Permitted Fowl shall not exceed twenty fowl, regardless of the size of the lot.

(d)     Coops; Roosts; Laying Boxes. In addition to other requirements of this Chapter that specify standards applicable to the keeping of animals, or of the Article relating to the keeping of Permitted Fowl, any person who owns, keeps or harbors Permitted Fowl shall provide a coop or other similar shelter.

(1)          Any coop or shelter shall be screened or walled in a manner that allows the permitted Fowl to be reasonably protected from predators.

(2)          Any coop or shelter shall be maintained in a clean and sanitary fashion to prevent the unreasonable accumulation of waste or other noxious substances, the emanation of noxious odors, or the presence of vermin.

(e)      Unlawful Acts.

(1)          Except as otherwise permitted by this Article, it shall be unlawful to own, keep or harbor Fowl within the City limits.

(2)          It shall be unlawful to own, keep or harbor, within the City limits, Permitted Fowl in numbers exceeding those permitted.

(3)          It shall be unlawful to violate any of the regulations regarding coops, roosts and laying boxes as established.

(Ord. 1011; Code 2005; Ord. 1214; Ord. 1335)