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HomeMy WebLinkAbout4 5 ARTICLES AWC 4 and 5 finalized after approval Nov 201911/2019 AWC approved 1 ARTICLE 4. SPECIFIC REQUIREMENTS GOVERNING FOWL AND LIVESTOCK Sec. 5-36. Acreage requirements for certain domestic animals and fowl. (a) Any person desiring to raise any of the following-named domestic animals or fowl must have a minimum of five (5) acres of land: (1) Cattle, ox or other livestock (2) Donkey, ass, burro, mule (3) Pig, swine, hog, pot-bellied pig (4) Sheep (5) Goats (6) Roosters, geese, turkeys, ducks or other fowl, not including Urban Chickens or racing, homing, rolling and fancy pigeons (7) Bison (8) Llamas (9) Horses (10) Rabbits are excluded (b) The maximum number of such animals which may be maintained on such property shall be determined based on current animal husbandry and veterinarian standards. (c) Any person desiring to raise rabbits as pets or racing, homing, rolling and fancy pigeons within the City limits must keep such animals and birds in safe and sanitary conditions so that a public nuisance as defined in this chapter is not created. (d) In no event shall the shelter and feeding area for any of the animals or fowl listed in this section, with the exception of Urban Chickens or racing, homing, rolling and fancy pigeons, be closer than fifty (50) feet from an adjoining property line. Sec. 5-37. Urban chicken regulations. (a) Any person owning or harboring one (1) or more chickens (roosters are not permitted and no more than six (6) chickens permitted) in a residentially zoned district must comply with the following: (1) The person shall have a current Chicken Coop Permit on file with the Division of Animal Welfare. (2) The person shall register with the Board of Animal Health (BOAH), forms are available at the website www.in.gov/boah. (3) The residence shall be a single-family dwelling (multi-family dwellings do not qualify). (4) The coop shall be constructed with solid sides, doors and roof and kept dry and free of moisture. (5) The doors shall shut securely and be secured with a lock. (6) The coop shall have vents that are covered with wire. (7) The coop shall be impermeable to predators and rodents (8) The coop shall provide at least eighteen inches (18”) of height and two (2) square foot of space per chicken. (9) The pen shall be impermeable to predators and rodents. 11/2019 AWC approved 2 (10) The pen shall provide a minimum of two (2) square feet per chicken and the fence height must not exceed six feet (6’). (11) The pen shall be covered with wire, aviary net or a solid roof. (12) Both the coop and pen location shall be situated behind the residential structure and be a minimum of fifteen feet (15’) from any property line and twenty feet (20’) from any residential dwelling. (b) Anyone desiring to raise urban chickens within the City limits must comply with the animal care regulations set forth in this Chapter, and the requirements applicable to chickens incorporated into Chapter 21 of the South Bend Municipal Code. Sec. 5-38. Pigeon regulations. (a) Any person owning or harboring racing, homing, rolling or fancy pigeons in a residentially zoned district must: (1) Have a shelter in which the pigeons are kept, known as a Pigeon Loft, and have a current Pigeon Loft Permit on file with the Division of Animal Welfare. (2) Use a Pigeon Loft meeting the following qualifications: i. constructed with solid sides, doors and roof, ii. doors that shut securely and be secured with a lock, iii. vents that are covered with wire, iv. impermeable to predators and rodents, v. provide at least eighteen inches (18”) of height and two (2) square feet of space per pigeon, vi. covered with wire, aviary net or a solid roof, vii. dry and free of moisture, and viii. situated behind the residential structure and be a minimum of ten feet (10’) from any property line and fifteen feet (15’) from any residential dwelling. (b) Anyone desiring to raise racing, homing, rolling or fancy pigeons within the City limits must comply with the animal care regulations set forth in this Chapter, and the requirements applicable to racing, homing, rolling or fancy pigeons incorporated into Chapter 21 of the South Bend Municipal Code. Secs. 5-39 – 5-42. Reserved. ARTICLE 5. SPECIFIC REQUIREMENTS GOVERNING RENTAL HORSES Sec. 5-43. Housing/stable requirements. (a) Walls and ceilings. Walls and ceilings shall be kept clean, in good repair, and free of physical hazards at all times. Stall walls shall be constructed of a safe and secure material, with boarding set beginning at ground level and of an adequate size to prevent the "casting" of a horse. (b) Floors. Floors shall be level and free of holes or openings and shall provide proper drainage. No horse shall be stabled on a concrete floor without adequate cushioning. (c) Storage areas. Feed shall be kept in storage areas constructed to permit extermination treatment in order to be made rodent and insect proof. Feed storage area shall allow no harborage and be kept vermin free. Storage of feed concentrates shall be in an area inaccessible to the horses. 11/2019 AWC approved 3 (d) Ventilation. Adequate ventilation shall be maintained but should not cause exposure to drafts in stables during cold weather. All stable areas shall be adequately lighted by natural or artificial means so as to permit effective and safe activities through day and night. (e) General sanitation. All interior areas of stable and all exterior areas surrounding a stable shall be kept clean, properly drained and free of nuisances including, but not limited to, odors and accumulation of refuse or excrement. Manure accumulations shall be removed from the premises weekly to prevent rodent and vermin activity. (f) Stalls. Each stall shall house only one (1) horse or pony. Stalls shall be attended to daily ensuring clean, dry and sufficient bedding of straw, shavings or other suitable material which shall be changed as often as necessary to maintain them. The ceiling and shortest wall of the stall shall measure three (3) feet greater than the height of the horse at the withers. Sec. 5-44. Rental horse regulations. (a) Rental horses shall not be left untethered or unattended except when confined in a stable or other enclosure. (b) While at work, rental horses shall be allowed to drink. However, a rental horse shall not be allowed to drink in large quantities unless it is first rested. Water shall be offered at frequent periods throughout the day or in the case of horses not at work, water shall always be available. Troughs shall be cleaned daily. Sufficient nutritional foods and water shall be provided free of dust, mold, vermin and other contaminants. Rental horses shall be fed at least twice daily with the larger feeding being provided after the horse has completed work. (c) Certified weights of all horses and horse drawn vehicles shall be registered with the Division of Animal Welfare annually. At the discretion of the Division of Animal Welfare, when supported by the opinion of a consulting veterinarian, a rental horse within a business may be restricted in regard to pulling/riding capacity, based on individual characteristics and abilities. (d) No rental horse shall be at work for more than eight (8) hours a day. There shall be a rest period of fifteen (15) minutes for every two (2) working hours. During such rest periods, the person in charge of such horse shall make fresh water available to the horse. (e) Rental horses shall not be worked in temperatures below 20ºF, with wind chill factor applied. Using the Horse Heat Index as the guide, at no time shall a rental horse be at work when the sum of the relative humidity and ambient temperature exceeds 120ºF. For the purposes of this subdivision, temperatures shall be those measured "downtown" and broadcast by the local radio stations. An operator of a rental horse already at work at the time the temperatures reach the above described conditions shall return the passengers to the point of loading and rest the horse in shelter conditions. Thereafter, such horses may be worked only when the weather conditions once again reach acceptable limits. (f) Rental horses shall not work on a public highway, street or path during adverse weather or other conditions which are a threat to the health or safety of the horse or the public. Adverse weather conditions may include but shall not be restricted to snow, ice, heavy rain, slippery conditions or excessive heat. (g) Carriage companies shall always equip all carriages/horses with a manure catching device for use while working. 11/2019 AWC approved 4 (h) No horse-drawn carriage shall be driven at a speed faster than a trot at any time. All such carriages shall adhere to state law on slow moving vehicles. No horse drawn carriage shall be operated between the hours of 7:00 a.m. through 9:30 a.m. and 3:30 p.m. through 6:00 p.m., Monday through Friday. (i) It shall be the responsibility of the owner/operator of a rental horse drawn carriage to ensure there is a slow-moving vehicle emblem displayed on each carriage, whenever the carriage is moved, operated, or driven. The triangular slow-moving vehicle emblem will be mounted as near as is practicable to the center of mass and at an approximate height of not less than three (3) and not more than five (5) feet from level ground or surface. The emblem shall be mounted so as to be entirely visible from the rear, day or night. (j) It shall be the responsibility of the owner/operator of a rental horse drawn carriage to ensure there are flashing lamps mounted and in use whenever the carriage is moved, operated, or driven before sunrise or after sunset. A red or an amber flashing lamp will be mounted at a height as low as practicable that is visible from a distance of not less than five hundred (500) feet to the rear. Also, a double-faced flashing lamp may be used, displaying amber light to the front and red or amber light to the rear. (k) Every horse whose use requires a license hereunder shall be examined by a veterinarian prior to its use in a rental horse business, and thereafter at intervals of not less than once a year. The horse shall be examined and treated for internal parasites and properly vaccinated. Its general physical condition shall be evaluated, which examination shall include but not be limited to, inspection of teeth, hooves, and shoes, and for its physical ability to perform the work or duties required of it. The examination shall also include a record of any injury, disease, or deficiency observed by the veterinarian at the time, together with any prescription or professional recommendation regarding humane correction or disposition of the same. An Indiana health certificate containing the above information and signed by the examining veterinarian shall be maintained at the stable premises at which such horse is located, and shall contain the identification number, age and condition of the horse. With a copy on file with Division of Animal Welfare. (l) The rental horse business shall take immediate action to obtain veterinary treatment, care and attention when any horse is or becomes sick, diseased, lame or injured. If a horse dies while at work or in the stable area or is involved in an accident resulting in an injury to a horse, the Division of Animal Welfare shall be notified immediately. (m) A horse covered by this subchapter which is or becomes lame or suffers from a physical condition or illness making it unsuitable for work shall be removed from work by the rental horse business or may be ordered removed from work by the Division of Animal Welfare. In the event of a dispute regarding such physical condition or illness, the Division of Animal Welfare may require that a rental horse be examined by a veterinarian in order to determine its ability to safely work as a rental horse. The cost of any such examination shall be borne solely by the rental horse company. A horse which has been removed from work under this section shall not be returned to work until it has recovered from the condition which caused removal from work, or until such condition has improved sufficiently that its return to work will not aggravate the condition or otherwise endanger the health of the horse. A violation of this section shall be presumed if a horse is found at work in a sick or disabled condition within forty-eight (48) hours after its removal from work for the same condition which caused such 11/2019 AWC approved 5 removal. Such presumption may be rebutted by offering a written statement from a veterinarian who examined the horse after the time of removal from work but prior to its return to work, which statement sets out the veterinarian's professional evaluation of the condition and his/her opinion that it was suitable for the horse to return to work prior the expiration of the 48-hour period. This statement shall be carried with the horse during the presumed 48-hour recovery period and provided to the Division of Animal Welfare upon request. (n) Saddles, blankets, harnesses, bridles and bits and all other equipment shall be properly fitted to each horse, kept in good repair, and in good operating condition. (o) Horses shall be kept clean while at work and in the stable. Horses shall be trimmed and shod a minimum of once every six (6) weeks or sooner if necessary. Sec. 5-45. Excepted from coverage. (a) Rental horse business as defined in Sec. 5-2 is not covered by Sec. 5-70 and is governed solely by the licensing provisions of this article. Secs. 5-46 – 5-50. Reserved.