ORDINANCE NUMBER 24-08 AN ORDINANCE AMENDING CHAPTER 4-1 ANIMAL CONTROL AND CHAPTER 6-10 BUILDING PERMITS OF THE 2023 CITY OF MODALE CODE OF ORDINANCES BE IT ENACTED by the City Council of the City of Modale, Iowa: SECTION 1. Section 4-1-5 amended to read as follows: 4-1-5 REGULATION OF LIVESTOCK. 1. No person, firm, association, or corporation in the City of Modale shall have in their possession or control; or keep or harbor any livestock, as defined in Section 4-1-1 except when a permit has been obtained by City Council, fee for permit has been paid and an inspection of the property has been completed by the Mayor or designee for compliance with the requirements. Application for such permits shall be made upon forms furnished by the city. A permit shall be in effect for one year from the date of its issuance. Inspection criteria shall include the following: a. Horses, cows, and pigs: one horse, cow, or pig allowed per two acres. b. Goats: Shelter requires 10 square feet per animal, outdoor space requires 200 square feet per animal. c. Chickens: No roosters allowed. Coop must be 4 square feet per animal, run must be 8 square feet per animal. d. The owner of the property shall be responsible for maintenance of a tight fence at no expense to neighboring property owners. No portion of the fenced pasture may be within 25 feet of the owner’s dwelling, and 75 feet of any neighboring dwelling, or any water well, if any. e. All feed and tack shall be kept in rodent-tight buildings or containers, hay and straw must be stored at least 16 inches off the ground. f. Manure shall be removed periodically to prevent the accumulation of odor, insects, and vermin, and must not be visible from neighboring property or any public street. g. Owners must carry sufficient liability insurance to cover damages or accident which may involve said livestock. h. Must be kept within the confines on owner property. i. Allow the city staff to investigate a complaint. j. No vested zoning rights arise from said permit and the permit does not run with the land. k. Permits expire December 31 every three years. Application, inspection, and fee must be complete by November 30 of prior year to renew. No prorating of fees. i. Chickens: $45.00 for three-year permit. ii. All other Livestock: $150.00 for three-year permit. 2. In areas designated for agricultural purposes for the adopted land use plan of the city where livestock are kept on property that exceeds five (5) acres in total area, no permits for keeping livestock shall be required. However, no person, firm, association, or corporation keeping or harboring livestock in such areas shall allow the animals to be closer than seventy-five feet to any residential dwelling. 3. A person who commits the offense of livestock neglect is guilty of a simple misdemeanor. A person who intentionally commits the offense of livestock neglect which results in serious injury to or the death of livestock is guilty of a serious misdemeanor. Livestock neglect will result in a permanent revocation of any and all livestock permits within the City of Modale. (Code of Iowa Sec. 717.2) SECTION 2. Section 6-10-1 shall be amended to read as follows: 6-10-1 PURPOSE. The purpose of this Chapter is to provide the City Council notice of the type of structure, the kind of construction, the location of any structure to be erected or added within the corporation, the location of any structure on any specific lot within the corporation and to provide reasonable rules for the erection, reconstruction, or altering. SECTION 3. Section 6-10-3 shall be amended to read as follows: 6-10-3 PERMIT REQUIRED. No structure shall be erected, reconstructed, altered or added to without first securing a permit from the City Council. A permit shall not be needed for minor repairs to an existing structure that do not add to or remove from the existing footprint such as replacing windows, roofing, or siding. SECTION 4. SEVERABILITY CLAUSE. If any section, provision or part of this ordinance shall be adjudged invalid or unconstitutional, such adjudication shall not affect the validity of the ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION 5. EFFECTIVE DATE. This ordinance shall be in full force and effective upon its passage and publication, as required by law. PASSED, APPROVED AND ADOPTED by the City Council of the City of Modale, this 12th day of August, 2024. James Cox, Mayor Attest: Shauna Gerke, City Clerk 1st Reading: August 12, 2024 2nd Reading: waived 3rd Reading: waived Posted: August 5, 2024 Published: August 28, 2024 MVTN 8-28-24
