The keeping of livestock, including miniature or dwarf varieties, in violation of any provision of this code is hereby declared to be a nuisance against the public health, safety and welfare of the people of the city of Enid.
EGREGIOUS: A violation affecting the health, safety or welfare of persons or animals and which offends common decency.
VIOLATION: The plea of guilty or nolo contendere, a finding of guilt by the court, a deferred adjudication of the charge, or a deferred sentence.
B. Requirements: Livestock may not be kept except on property zoned A agricultural, or R-1 residential estate, or lots one acre or larger.
1. Preexisting Operations; Restrictions: Livestock operations inconsistent with this section that were in existence prior to August 15, 2007, are allowed to continue if registered. Male chickens over six (6) months of age shall not be eligible for registration and shall not be kept except on property zoned A agricultural, or R-1 residential estate, or lots one acre or larger.
2. Registration Required: Registration is intended to protect the current "grandfathering" of livestock operations, and shall only apply to owners/operators of livestock operations which were in existence prior to August 15, 2007, and which do not comply with this subsection B. Owners/operators of such livestock operations shall have through May 15, 2011, to register. The registration shall include the number and the type of livestock that the operation had prior to August 15, 2007.
(1) Applicant shall submit an application on a city of Enid authorized form and provide documentation acceptable to the city clerk showing ownership of livestock prior to August 15, 2007; and
(2) A stable or other housing where animals may be kept shall be maintained in a sanitary condition and in compliance with all applicable local, state and federal laws and administrative rules; and
(3) Livestock must be contained inside of a substantial fence of sufficient strength and height to prevent the livestock from escaping therefrom; and
(4) The property on which livestock is kept must be maintained in such a manner as to prevent livestock waste from draining or otherwise transferring onto adjoining property, to prevent potential contamination of groundwater, and to otherwise prevent conditions which constitute a nuisance; and
(5) Applicant shall authorize city officials and livestock board members to enter and inspect any property or animal housing at a reasonable time and under reasonable circumstances for the purpose of determining whether the registration requirements have been met and/or maintained.
b. Proof Of Registration: Should applicant's registration be approved, the city shall mail a letter confirming registration to the applicant's address. Registration shall be valid only for the applicant and address listed and shall remain valid unless revoked. Should applicant move the livestock from the registered address to another address within the city, applicant shall be required to update his or her registration to reflect the new address.
c. Revocation: Livestock registration shall be revoked:
(1) Upon the recommendation of the livestock board; or
(2) Upon three (3) violations of any local, state or federal law or administrative rule reasonably related to the keeping of livestock; or
(3) Upon one egregious violation of any local, state or federal law or administrative rule reasonably related to the keeping of livestock; or
(4) If the registrant ceases livestock operations for a period of six (6) months; or
(5) Upon the death of the registrant.
d. Notice: Upon denial or revocation of registration, the city shall give notice of such action to the applicant or registrant, in writing, stating the action which has been taken and the reason therefor. Such notice shall either be hand delivered or mailed by certified mail, return receipt requested, to the address listed on the application.
(1) Within thirty (30) days of the notice of denial or revocation, the applicant or registrant shall remove all livestock, enclosures, shelter, feed and containers from the premises. Permanent fixtures such as barns and outbuildings shall not be required to be removed.
e. Appeal: The applicant or registrant shall have the right to appeal the decision to deny or revoke registration to the mayor and board of commissioners by filing written notice thereof with the city clerk within ten (10) days of the denial or revocation.
C. Penalty: The violation of this section shall be a class B offense. Each separate day a violation continues shall constitute a separate offense. Livestock kept in violation of this section shall be subject to abatement by the city. (Ord. 2010-15, 12-14-2010)