10-23-2013 Council Agenda - Laserfiche WebLink

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1104. HORSES 1104.010. AREA RESTRICTION. No person shall keep riding horses within the City limits unless the area within which such horses are stabled or pastured is equal to or in excess of one (1) acre for each horse. An ordinary residential lot, equal in area to 22,000 square feet or less, upon which there is located a single family dwelling, shall not be deemed to be a proper site or location for stabling or pasturing a riding horse. 1104.020. FENCE REQUIRED. Whenever any riding horse is kept on a residential tract of sufficient size to meet the requirements of the preceding Section, the area within which the horse is kept must be substantially fenced so that the horse will not go unattended upon any public street or other public lands, or upon any private lands not owned or leased by the owner of the horse. 1104.030. IMPOUNDING AND FEES. Any horse found wandering upon any public street, thoroughfare, other public lands, or private property (other than that owned or leased by the horse owner) shall be subject to impounding by an individual or public official so as to prevent damage to such property or to the horse, or both. The owner of the horse shall be responsible in civil damages for any injury to any person or property. 1104.040. HUMANE TREATMENT. Every owner of a horse shall properly feed, water and care for such animal. 1104.050. HOURS OF RIDING. No person shall ride or drive a horse upon any private property without permission of the owner of such property. No person shall ride or drive a horse upon any public street, public right -of -way, or public lands after sundown or before sunrise within the limits of the City. Persons riding or driving horses upon any public way or public street shall observe all traffic laws applicable to motor vehicles on such streets or public ways. 1 104.060. OFFENSIVE OR ANNOYING. lfthe stabling, pasturing or keeping of any riding horse upon property owned or leased by the owner of such horse becomes offensive or annoying to any adjacent property or the owners or residents living upon such adjacent property, the owner of such horse shall, if so ordered by any City officer or deputy sheriff, remove such horse or horses and make provisions for stabling and pasturing at a proper location within or outside of Little Canada. 1104.070. BURDEN OF PROOF BY OWNER. Because of the fact that there are no areas within Little Canada zoned for farming, and therefore it is improper and illegal to maintain or keep farm animals within the City, and because the stabling or pasturing of riding horses for recreation purposes can easily become a nuisance causing annoyance and offense to other residents and property owners, it is the intent and purpose of this Code, and the policy expression of the City Council by means of the provisions hereof, to allow riding horses to be kept within Little Canada only if the neighbors of the owner who keeps a horse upon his premises are not subjected to any offense or annoyance. The enforcement of this Code shall be weighted in favor of the adjacent property occupants, and the owner of a horse stabled within the City shall have the burden of proof to show that his horse is not offensive or annoying to 1104 -1 3