Part 61



61.000 ANIMAL RESTRICTIONS*

Ord. No. 70

Adopted: November 9, 1988

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*Cross reference(s)--Nuisance and hazard abatement, Pt. 2; animal treatment and control, Pt. 60; burial of dead animals, Pt. 62; animal and bird noises, § 72.001.

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An ordinance to regulate the keeping of animals, birds, fowl or insects within the corporate limits.

THE CITY OF READING ORDAINS THAT:

61A.000 Compliance--Exception.

A. It is unlawful for any person, firm or corporation to harbor, keep, or suffer to be kept contrary to the provisions of this ordinance and the applicable portions of the Zoning Ordinance within the city, for any purpose, any live animals, birds, fowl or insects, whether domestic or wild, other than common house pets; provided, however, that offspring of animals, birds, or fowl kept on premises within the city pursuant to and in accordance with the provisions of this ordinance shall be exempt from the provisions hereof for the six months immediately following their birth, and except as otherwise provided in this ordinance.

61B.000 Permit--Required.

B. No animals, birds, fowl, or insects shall be kept on any premises within the city without a permit therefor. A permit covering all such animals, birds, fowl or insects as are on the premises on the effective date of the ordinance codified in this chapter [or] to be placed on the premises after the effective date of the ordinance codified in this chapter, shall be issued by the city clerk upon compliance with all of the terms and provisions of the Zoning Ordinance, and upon payment of the sum of one dollar therefor. Such permit shall be dated and shall expire at the end of one year whereupon it shall be necessary to renew same; provided, that prior to placing any additional animals, birds, fowl, or insects covered by the terms of this chapter upon any premises located within the city subsequent to the issuance of a permit under the provisions of this chapter, the person, firm or corporation desiring to harbor, keep or permit the keeping of such additional animals, birds, fowl and insects shall make application for an amended permit, the amended permit to be issued upon compliance with all the terms and provisions of this ordinance and applicable provisions of the Zoning Ordinance without cost to the applicant therefor and to expire on even date with the original permit issued.

61C.000 Permit--Application.

C.

A. Each application for an original or amended permit shall state the name and address of the applicant, the proposed location of the animals, fowl, birds, or insects and an accurate description of the kind and number of animals, fowl, birds, or insects to be kept or otherwise harbored thereon.

B. Each application shall be referred to the Ordinance Chairman, who shall cause an investigation and inspection to be made of the proposed site and who shall approve of the issuance of the requested permit or amended permit upon determining that the issuance thereof will not violate the terms and provisions of this chapter, the applicable provisions of the Zoning Ordinance, and will not otherwise be unsanitary or dangerous to the health of any persons or person.

61D.000 Permit--Wild animals.

D. Notwithstanding anything contained in this chapter to the contrary, no captured wild animals such as bear, squirrels, raccoons, fox, reptiles, or any other wild animal shall be permitted to be kept in the city without a special permit therefor to be granted by the city council upon such conditions as it deems expedient to protect the health and safety of the public, and without compliance to the applicable Michigan state statutes, rules and regulations.

61E.000 Permit--Cattle, sheep, swine and horses.

E. Notwithstanding anything contained in this chapter to the contrary, no permit shall be issued to any applicant for the keeping in the city of cattle, oxen, sheep, goats, hogs, swine, horses, donkeys, or ponies when there are other occupied human residential habitations within a radius of five hundred feet, unless the applicant shall have obtained the consent in writing of seventy-five percent of all the residents within the five hundred foot radius. The Ordinance Chairman may in his sole discretion, refuse to approve the issuance of a permit for the keeping of any of the aforesaid animals when, after proper investigation and report thereon, he determines and finds that the keeping of the cattle, oxen, goats, hogs, swine, sheep, horses, donkeys and ponies in an occupied residential area in the city would be unsanitary or unhygienic and/or for any reason unsafe or dangerous to the health, safety, or welfare of the residents of the city; provided, that the consent otherwise required pursuant to the terms of this section shall not apply to cattle, oxen, goats, hogs, swine, sheep, horses, donkeys and ponies kept upon any premises located within the city upon the effective date of the ordinance codified in this chapter.

61F.000 Permit--Birds, fowl and rabbits.

F. Notwithstanding anything contained in this chapter to the contrary, no permit shall be issued to any applicant for the keeping of four or more rabbits, chickens, geese, ducks, turkeys, pigeons or guinea hens where there are other occupied human habitations within a radius of two hundred and fifty feet unless the consent in writing shall have been obtained of seventy-five percent of the residents within the two hundred fifty foot radius. The Ordinance Chairman may deny and refuse to approve the issuance of any permit if he determines the sanitary and hygienic condition of the proposed location unsafe or dangerous to the health, safety or welfare of the residents of the city; provided, however, no permit shall be required for the keeping of four or less of the animals or creatures enumerated in this section; provided further, that the consent otherwise required pursuant to the terms of this section shall not apply to the keeping of four or more rabbits, chickens, geese, ducks, turkeys, pigeons or guinea hens kept upon any premises located within the city upon the effective date of the ordinance codified in this chapter.

61G.000 Nuisance--Abatement.

G. The keeping of any animals, birds, fowl or insects within the corporate limits of the city without compliance with the provisions of this chapter shall be and constitutes a nuisance. It shall be the duty of the Ordinance Chairman where any such nuisance as defined in this chapter is maintained or continued to give the owner or occupant of the premises thirty days' notice in writing thereof and, if at the expiration of the period such nuisance is not abated, the Ordinance Chairman shall petition the county circuit court to declare the same a nuisance and order it abated in addition to any and all penalties provided in this chapter.

61H.000 Running at large.

H. It is unlawful for any animals, birds, fowl or insects covered by this chapter to run at large or to be allowed or permitted to run at large or be staked out within the city upon the streets, alleys, public places, or upon the private property of others without the written consent of the owner of such private property. Any cattle, horses, mules, sheep, swine or goats found running at large shall be impounded and disposed of in accordance with the provisions of the statutes of the state in such case made and provided.

61I.000 Violation--Penalty.

I. Conviction for violation of any of the provisions of this chapter shall be punished by a fine of not to exceed one hundred dollars, together with costs of prosecution.

Effective date. The effective date of this ordinance shall be November 21, 1988.