February 7, 2025 The Linden City Council will have a regular meeting on Monday, February 10, 2025, at 6:00 P.M. at the Mary Daughety Senior Citizens Center, 507 S. Kaufman St., Linden, Cass County, Texas. AGENDA 1. CALL TO ORDER 2. INVOCATION & PLEDGE OF ALLEGIANCE 3. PUBLIC COMMENT Citizens may sign up prior to coumcil meeting if requesting time to address council. Presentations will be limited to no more than three (3) minutes for individuals, ten (10) minutes for groups. 4. CONSENT AGENDA a. Consider and act on minutes from January 13, 2025 regular City Council meeting b. Consider and act on current bills and bank statements 5. NEW BUSINESS a. Consider and act on appointing Alex Washington as the City of Linden Building Official b. Discuss, consider, and act on adopting Resolution 2025-1 - Regulations for RV Parks located within Linden city limits C. Discuss, Consider, and act on approving City of Linden authorization to issue requests for proposals for administrative services (RFP) and requests for qualifications (RFQ) for the 2025 Texas Community Development Block Grant Program, Downtown Revitalization Program, administered by the Texas Department of Agriculture. d. Discuss Ordinance No. 11-97 (prohibiting unreasonable noise) and Ordinance No. 06-14 (prohibiting at large dogs and cats) 6. PUBLIC REPORTS a. Library - Denise Haas, Library Director b. Police Department - David Dulude, Chief of Police C. Fire Department - Chris Hill, Fire Chief d. Utilities Megan Kirkland, Assistant City Administrator/City Secretary e. City Administrator Stephen Barnes, City AdministratorLEDC Director f. Mayor - Lynn Reynolds, Mayor 7. ADJOURNMENT Megan Kirkland, City Secretary ity ofLinden, Texas REGULAR MEETING Monday, January 13, 2025 The Linden City Council met for a regular meeting at 6:00 p.m. on Monday, January13, 2025 at the Mary Daughety Senior Citizens' Center, 507 S. Kaufman St., Cass County, Linden, Texas. Members present: Mayor Lynn Reynolds: City Councilmen Austin Williams, James Johnson, and Bill Thomas; City Councilwomen Mary Dowd and Codi Grubbs. The following guests were present: Thomas Duncan, Wayne Fitts, Johnathan Luzio, Marc Luzio, Amy Fountain, Josh Lane, Franklin Hamilton, Luci Trahan, Denise Haas, and Wade Billingsly. City Staff present: Stephen Barnes City Administrator/LEDC Director, Megan Kirkland Assistant City Administrator/City Clerk, Terressa Wall Bookkeeper, and Police Chief David Dulude. l.and 2. Call to Order Mayor Reynolds called the meeting to order, City Councilman Johnson gave the invocation, City Councilwoman Dowd led the pledge, and Mayor Reynolds welcomed the guests. 3. Public Comment = There was no public comment. 4. Consent Agenda Motion by Mrs. Dowd, seconded by Mr. Johnson to approve the consent agenda as presented. All yeas. 5. New Business a. Awarding of the Downtown West Street Rehab project to Francis Excavating, LLC was discussed, with recommendation for their base bid of $380,332.20. Motion by Mr. Johnson, seconded by Mr. Williams to award the Downtown West Street Rehab project to Francis Excavating, LLC as suggested by staff. All yeas. b. Consider and act on consenting to include the territorial limits and extraterritorial jurisdiction of Linden with the proposed district (Cass County ESD No. 5) contingent upon the results of the election on which the proposal for the ESD will be voted on by the public. Motion by Mr. Thomas, seconded by Ms. Grubbs to consent to include the territorial limits and extraterritorial jurisdiction of Linden with the proposed district (Cass County ESD No. 5) contingent upon the results of the election on which the proposal for the ESD will be voted on by the public. All yeas. C. Consider and act on approving a 3.95% increase in garbage rates for garbage collection with Sanitation Solutions, Inc. Mr. Johnson had some concerns regarding the service provided by Sanitation Solutions, Inc. which were discussed briefly. Motion by Ms. Grubbs, seconded by Mr. Thomas to approve the Sanitation Solutions 3.95% increase in garbage rates for garbage collection with Sanitation Solutions, Inc. 4 yeas, 1 nay by Mr. Johnson, d. Consider and act on approving the City of Linden FY 2023-2024 Budget Adjustments. Motion by Mr. Williams, seconded by Mr. Johnson to approve the City of Linden FY 2024-2025 Budget Adjustments as presented. All yeas. 6. Public Reports: a. Library - Ms. Haas stated library use was up by 27%, with 43% computer usage, and 14% new members. The total membership is now at 938. b. Police - Chief Dulude went over the monthly police report with the city council. C. Fire Dept. - Chief Hill went over the monthly fire report with the city council and answered any questions regarding the proposed ESD. d. Utilities - Ms. Kirkland stated the water service was continued throughout the cold weather, but that Well # 6 on Hwy. 59 had to be run on generators for a couple of days. She added the USDA project is still moving along. e. City Administrator - Mr. Barnes stated that Well # 6 lost power during the ice storm and therefore had to be run on generators due to the city having a small tank. He stated he will start the budget process probably in February. f. Mayor - Mayor Reynolds began discussion about the generator and thanked everyone for work that was done. 7. Executive Session a. Convene into executive session pursuant to Section 551.074(1) of the Texas Government Code, to discuss personnel matters. Mayor Reynolds stated the council would go into executive session as stated above. The city council returned to regular session with no action taken. Motion by Mr. Thomas, seconded by Mr. Williams to adjourn. All yeas. Lynn Reynolds Mayor Stephen L. Barnes City Administrator BANK BALANCES AS OF JANUARY 31, 2025 POOLED CASH 97,964.71 MUNICIPAL COURT TECHNOLOGY 17,359.39 MUNICIPAL COURT BUILDING SECURITY 17,629.24 MUNICIPAL COURT TIME PAYMENT 11,422.97 MUNICIPAL COURT LOCAL TRUANCY/DIVERSION 23,771.96 MUNICIPAL COURT JURY 926.04 HOTEL/MOTEL TAX 38,074.74 CAPITAL 379,779.20 LINDEN POLICE DEPT. ESCROW 1,614.47 SHORT LIVED ASSET RESERVE FUND 100.00 USDA DEBT SERVICE RESERVE FUND 100.00 USDA WATER GRANT/LOAN 23,495.80 WW & SS REVENUE BONDS SERIES 2015 INT/SINK 19,056.00 STREET CERTIFICATE OF OBLIGATION SERIES 2022 2,786,249.71 STREET CERTIFICATE OF OBLIGATION SERIES 2022 INT/SINK 354,897.73 TXCDBG-STREET IMPROVEMENT GRANT 100.00 TOTAL 3,772,541.96 CERTIFICATES OF DEPOSIT AS OF JANUARY 31, 2025 METER DEPOSITS 62,702.28 REVENUE BOND 35,494.37 TOTAL 98,196.65 3,870,738.61 % 3 E E - a o CITY OF LINDEN, TEXAS ORDINANCE NO. 2025-1 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LINDEN, TEXAS, AMENDING THE CODE OF ORDINANCES OF THE CITY OF LINDEN, TEXAS, BY ADDING A NEW SECTION 5.14, RECREATIONAL VEHICLE PARKS," TO CHAPTER 5, BUILDINGS AND BUILDING REGULATIONS," OF THE CODE OF ORDINANCES; MAKING FINDINGS; PROVIDING FOR PENALTIES FOR VIOLATIONS; REPEALING ALL CONFLICTING ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council ofthe City of Linden, Texas ("City"), pursuant to Texas Local Government Code, Sections 51.001 and 51.012, is authorized to adopt ordinances, not inconsistent with state law, that are for the good government, interest, welfare, peace, or order of the City and that is necessary or proper for carrying out a power granted by law to the City; and WHEREAS, the City has adopted a Code of Ordinances for the protection of the public health and general welfare; and WHEREAS, with the proliferation of Recreational Vehicle Parks throughout the State of Texas, the City Council finds that reasonable health and safety standards are advisable; and WHEREAS, the City Council finds and determines that it is in the best interests of the public health, safety and general welfare of the citizens of Linden, Texas, to provide regulations for Recreational Vehicle Parks located in the City, thereby eliminating or reducing possible blight and property devaluation. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LINDEN, TEXAS, THAT: SECTION 1 All the above premises are hereby found to be true and correct and are hereby approved and incorporated into the body of this Ordinance as if copied in their entirety. SECTION 2 From and after the effective date of this Ordinance, Chapter 5, Buildings and Building Regulations, 99 of the Code of Ordinances of the City of Linden, Texas, is hereby amended by adding a sew Section 5.14, Recreational Vehicle Parks," to read as follows: 1 "5.14 RECREATIONAL VEHICLE PARKS 5.14.001 Definitions City refers to the City of Linden. Lot means any plot, parcel, or tract of land within a Recreational Vehicle Park on which a recreational vehicle or temporary home sits. Owner means any person or entity that owns a Recreational Vehicle Park and any agents authorized to manage or maintain the Recreational Vehicle Park on behalf ofthat person or entity. Recreational Vehicle includes all of the following: (a) Travel trailer: a vehicular trailer built on a chassis and designed to be transported and intended for human occupancy. (b) Motor home: A portable, temporary dwelling constructed as an integral part of a self- propelled vehicle. (c) Camping trailer: A canvas (or similar material) folding structure mounted on wheels and designed for travel, recreation, or vacation. (d) Pickup coach: a structure designed to be mounted on a truck chassis for use as a temporary dwelling for travel, recreation, or vacation. (e) All the above listed vehicles may be used for single family living or sleeping quarters only. In the event state law defines the foregoing vehicles differently, any state law definition shall apply. Recreational Vehicle Park means any lot, parcel, or tract of land designed or intended to accommodate two or more recreational vehicles and which is a privately owned/operated enterprise. Unit means any recreational vehicle that sits on a lot within the Recreational Vehicle Park. 5.14.002 Development Plan Required; Requirements of] Development Plan (a) Before constructing a Recreational Vehicle Park, the Owner shall present the City with an accurate and detailed Development Plan showing that the proposed Recreational Vehicle Park complies with the requirements herein and all other applicable state and local laws and regulations. The City Council shall review any Development Plan and ifit complies with this Section, shall approve such Development Plan. (b) No Development Plan shall be approved by the City Council unless it meets the following requirements, as determined by the City Engineer for compliance with all building codes 2 and related uniform codes, construction requirements, and other development standards approved by the City: (1) Lot Area: Each recreational vehicle lot shall have a length of 50 feet and width of 20 feet for a minimum total area of1,000 square feet. (2) Roads: All roads on the premises of the Recreational Vehicle Park shall be established: (A) Shall be a minimum of 25 feet wide; (B) Shall provide adequate and safe access to every part of the Recreational Vehicle Park; (C) Shall be designated and clearly signed: and (D) Shall be maintained by the Owner to standards set and enforced by the City; (E) The City shall not and has no intent to accept the roads it for maintenance. (3) Spacing: All recreational vehicles shall have a minimum of 20 feet between the outside wall of one unit and its nearest neighbor. (4) Service/Amenity Buildings: All service or amenity buildings must adhere to building code regulations set forth by the City of Linden. All such buildings shall be kept in good repair and all aesthetic elements must be regularly maintained. All Recreational Vehicle Parks that allow recreational vehicles without integral bathrooms must provide public facilities sufficient to meet the needs of park patrons/residents. (5) Open Space: All open spaces must be kept clean and free of waste, trash, and abandoned items. (6) Garbage Dumpsters: The Owner shall provide fly tight, watertight, rodent proof dumpsters for the Recreational Vehicle Park. Such dumpsters shall be located SO as to facilitate the emptying of such dumpsters by the City's solid waste collection provider. (7) Utilities: All water, electrical, sewer, and natural gas lines servicing lots in the Recreational Vehicle Park shall be buried. (8) Parking: The Recreational Vehicle Park shall have parking sufficient to accommodate the expected population of the Recreational Vehicle Park, to allow for the safe placement and removal of new units, and shall comply with all applicable state and local parking regulations including those of the Americans with Disabilities Act. All parking within interior roads of the Recreational Vehicle Park shall be off-street to prevent restriction of fire access. (9) Water: The Owner shall provide reasonable plans to provide an adequate water 3 supply to the Recreational Vehicle Park, including specifying the location of supply lines, in accordance with Subchapter C of Chapter 341 of the Texas Health and Safety Code. The Owner must include certification from that utility that water is available to every lot within the Recreational Vehicle Park. Every lot shall have an individual water connection. (10) Metering: Each lot in a Recreational Vehicle Park shall have an individual water meter. (11) Sewage: The Owner shall provide reasonable plans to provide every unit with access to sanitary sewer lines, including specifying the location of sanitary sewer lines. If sewage treatment is to be provided by a utility, the Owner must provide a certification by that utility that each oft the planned lots will have access to the sewer system. (12) Power: The Owner shall provide verification from the local electrical utility that sufficient power is available to satisfy the Recreational Vehicle Park's s needs. (13) Fire Hydrants: Wherever reasonable, the Owner shall place fire hydrants to the specifications of the State Board of Insurance Standards or to the standards of the City. Fire hydrants placed in the Recreational Vehicle Park must be compatible with the equipment used by the Linden Volunteer Fire Department and any other fire department that might respond to emergencies in the Recreational Vehicle Park. The fire hydrant network shall be designed and certified by a professional engineer to ensure that it adheres to all applicable safety standards. (14) Drainage: The Owner must provide reasonable plans to provide sufficient drainage in accordance with standard engineering practices, including identifying areas requiring drainage culverts and identifying areas within any flood hazard area. The placement ofa any structure within the regulatory floodplain shall be in accordance with all state and local Floodplain regulations. (15) Fire Prevention: The Owner shall ensure that no open fires are permitted on the premises of the Recreational Vehicle Park except those used for the purpose of cooking and contained within a grill or barbecue pit. Fire pits shall not be permitted. (16) Bottled Gas: All bottled gas cylinders and other pressurized gas containers shall be securely stored at a safe distance from occupied structures and recreational vehicles. (17) Dry Vegetation: The Owner shall ensure that the Recreational Vehicle Park is kept free of dry brush, leaves, grass, weeds, and other dead, dry, or overgrown vegetation. (18) Apportionment ofMunicipal Infrastructure Costs. The City may require the Owner to provide a rough proportionality study pursuant to Section 212.904 of the Texas Local Government Code, and the City may require payment by the Owner of roughly proportional costs of such municipal infrastructure prior to the approval of a Development Plan. (19) Yearly Inspection of Property: The City of Linden reserves the right to inspect the property yearly. This inspection will be conducted by the Linden Building Official to confirm that all requirements and terms of the ordinance are being implemented. The City of Linden reserves 4 the right to conduct this inspection without notifying the property owner before the inspection and at any date during the calendar year. (20) Park Visibility from Designated Roads: No RV Park shall be located where there is visibility ofthe RV Park from the following designated roads: (a) Main Street (b) TX HWY 11 (c) TX HWY 8 (21) Transfer: The Owner shall notify the City ofany sale or other transfer of any interest in the Recreational Vehicle Park within fifteen (15) days of such a sale or transfer. The new Owner shall immediately ensure and certify to the City that the Recreational Vehicle Park adheres to the requirements oft this section and all applicable state and local laws. (22) No Recreational Vehicle Park is or shall be approved for subdivision ofland and/or subdivision platting. (23) No Lot shall have direct vehicular access to a public perimeter street. (24) No permanent fixtures (i.e., decks, fencing, carports, accessory structures, other buildings, pools, etc.) shall be allowed on any Lot. 5.14.003 Penalty Any person violating any provision ofthis section shall, upon conviction, be deemed guilty of a misdemeanor and shall be fined in any sum not to exceed $500.00." SECTION: 13 All ordinances, orders, or resolutions heretofore passed and adopted by the City Council of the City of Linden, Texas, are hereby repealed to the extent that said ordinances, orders, or resolutions, or parts thereof, are in conflict herewith. SECTION 4 Ifany section, subsection, clause, phrase, or provision ofthis Ordinance, or the application thereof to any person or circumstance, shall to any extent be held by a court of competent jurisdiction to be invalid, void, or unconstitutional, the remaining sections, subsections, clauses, phrases, and provisions of this Ordinance, orthe application thereof to any person or circumstance, shall remain in full force and effect and shall in no way be affected, impaired, or invalidated. 5 SECTION5 Any person, firm or corporation violating any of the provisions or terms of this Ordinance or ofthe Code of Ordinances as amended hereby, shall be subject to the same penalty as provided for in the Code of Ordinances ofthe City ofLinden, as previously amended, and upon conviction shall be punished by a fine not to exceed the sum of Five Hundred Dollars ($500.00) for each violation. SECTION 6 This Ordinance shall take effect and be in full force from and after the date of its passage and publication. February DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF LINDEN, TEXAS, THIS 10th DAY OF FEBRUARY, 2025. Lynn Reynolds, Mayor ATTEST: Megan Kirkland, City Secretary 6 2/7/25, 8:38 AM Print Preview 9.08 NOISE 9.08.010 Unreasonable Noise Prohibited 9.08.020 Enumeration Of Specific Noises State law references--Type A municipality may regulate certain noises, V.T.C.A., Local Government Code S 217.003(d); restricted regulation of sport shooting ranges, V.T.C.A., Local Government Code S 250.001. 9.08.010 Unreasonable Noise Prohibited The creation of any unreasonable loud, disturbing noises in the city is hereby prohibited. Noises of such character, intensity and duration as are reasonably calculated to be detrimental to the life or health of any ordinary reasonable person are hereby prohibited. (Ord. No. 11-97, S 1, 9-8-1997) 9.08.020 Enumeration Of Specific Noises (a) The following acts, among others, are declared to be loud, disturbing noises in violation of this chapter; provided, however, that such enumeration shall not be construed to be exclusive of other noises, to-wit: (1) The sounding of any homn or signal device on any automobile, motorcycle, bus, streetcar or other vehicle while not in motion, except as a danger signal if another vehicle is approaching apparently out of control, or if in motion only as a danger signal after or as brakes are being applied and deceleration of the vehicle is intended; the creation by means of any such signal device of any unreasonably loud or harsh sound; and the sounding of such device for any unreasonable period of time. (2) The playing of any radio, electronic device, cassette player, phonograph, loudspeaker, or amplifier of sound, or any musical instrument in such manner, or with such volume, as to create a noise such as is reasonably calculated to disturb a person of ordinary disposition under the same or similar circumstances residing in a dwelling, a business establishment or other type of residence in the vicinity, (3) The use of any automobile, motorcycle, streetcar or vehicle sO out of repair, SO loaded or operated in such manner as to create loud noises such as spinning or squealing of tires, grating, grinding, rattling or other noise. (4) The discharge into the open air of the exhaust of any steam engine, stationary internal combustion engine, motor vehicle or boat engine except through a muffler or other device which will effectively prevent loud or explosive noises therefrom. (5) The creation of any excessive noise on any street adjacent to any school, institution of learning, or court while the same are in session, or adjacent to any hospital, which unreasonably interferes with the working of such institution, provided conspicuous signs are displayed in such streets indicating that the same is a school, hospital or court street, (6) The use of loudspeakers or amplifiers on trucks or other vehicles, except where specific license is granted by the chief of police. (b) Any person violating any provision of this section shall be deemed guilty of a misdemeanor and, upon conviction, shall be punished according to LMC 1.00.090. htps/Andenmuntcpaleoeonlinecom.bowpmnpyperodhmesncesaname-9,08.NOISE 1/2 2/7/25, 8:38. AM Print Preview (c) The use of engine compression, motor brakes, or Jake" brakes by any truck or any other vehicle within the city limits is prohibited, and an appropriate sign shall be posted at all entering locations of the city limits, prohibiting the use of said motor brakes or Jake brakes. (Ord. No. 11-97, S 2, 9-8-1997; Ord. of 6-14-2004, S 1) piltanmunbpatusuninwasame-soOsE 2/2 2/7/25, 8:38 AM Print Preview 4 ANIMALS 4.04 ANIMALS IN GENERAL 4.08 LIVESTOCK State law references - Regulation of animals, V.T.C.A., Health and Safety Code ch. 822; rabies control, V.T.C.A., Health and Safety Code ch. 826; Type A municipality may regulate animals running at large, V.T.C.A., Local Government Code S 215.026; municipal authority to require restraint of dogs and cats, V.T.C.A., Health and Safety Code S 826.033(a)(1); registration of dogs and cats, V.T.C.A., Health and Safety Code $ 826.031 et seq.; local regulation of dangerous dogs (breed-specific regulation prohibited), V.T.C.A., Health and Safety Code S 822.047. 4.04 ANIMALS IN GENERAL 4.04.010 Vaccination And Registration Required 4.04.020 Dogs/Cats At Large Prohibited 4.04.030 Vicious Or Dangerous Dogs/Cats 4.04.040 Dogs/Cats Constituting. Imminent Peril 4.04.050 Dogs And Cats Constituting. A Nuisance 4.04.060 Reporting. Possible Rabies Exposure 4.04.070 Quarantine Of Animals 4.04.080 Animal Well-Being 4.04.090 Fines 4.04.010 Vaccination And Registration Required It shall be unlawful for any person within the city limits to own, keep, possess, or allow to remain upon the premises under his control any dog/cat, without having had the dog/cat vaccinated against rabies by a licensed veterinarian. Proof of vaccination shall be a properly executed vaccination certificate signed by a licensed veterinarian. Such certificate must be displayed freely upon the request of a city police officer. Owners must ensure that all dogs/cats in their control display a rabies vaccination tag which bears evidence of current vaccination against rabies. (Ord. No. 06-14, S 1, 5-12-2014) 4.04.020 Dogs/Cats At Large Prohibited It shall be unlawful for any person to permit any dog/cat owned, possessed, kept or harbored by him to be at large on the streets, alleys, or public places, or on private premises not under the control of the owner within the city limits. Any dog/cat found on the streets, alleys or public places or on private premises not under the control of the owner by the means of an adequate leash shall be considered to be at large and its owner in violation of this section. (Ord. No. 06-14, S 2, 5-12-2014) 4.04.030 Vicious Or Dangerous Dogs/Cats Dogs and cats which have been reported to have bitten a person or another animal are considered to be vicious and/or dangerous. Upon notification, the owners of such dogs/cats are required to confine the dogs/cats within a building or secure enclosure and not allow the animal outside that confinement without an adequately strong and effective muzzle. Further, upon official notification by a city police officer, the owner must, within 60 days, secure and maintain liability insurance in the amount of at least $100,000.00 against any possible incident involving the dogs/cats. (Ord. No. 06-14, S 3, 5-12-2014) -----Ae 1/6 2/7/25, 8:38. AM Print Preview 4.04.040 Dogs/Cats Constituting. Imminent Peril Any dog/cat that is or appears to be rabid or is placing a person or another animal in imminent peril may be destroyed immediately by a city police officer. If the animal is destroyed, every effort will be made to prevent damage to its head and brain. The head of any animal destroyed by virtue of this provision as it pertains to rabies shall be properly preserved for examination by an approved laboratory to determine if, in fact, the animal was rabid. All fees/charges associated with said examination are the responsibility of the animal's owner. (Ord. No. 06-14, S 4, 5-12-2014) 4.04.050 Dogs And Cats Constituting A Nuisance Certain conditions shall be considered as a public nuisance and shall be unlawful. The following are conditions that shall be viewed as a public nuisance by the city: (a) Prolonged and continuous barking or meowing by a dog/cat which becomes disturbing to a person of ordinary sensibility. (b) Confinement of an animal whereby the accumulation of wastes causes foul and offensive odors to nearby neighbors. Also, waste accumulations which are considered a hazard to other animals or human beings. (c) An animal which is continually on the premises of another causing disruption or depositing wastes of any kind. (d) Empty animal pens, stables or enclosures in which an animal may be kept or confined shall not be permitted to become offensive to a person of ordinary sensibilities through previous use. (e) Any dog/cat which chases after a motorized vehicle, bicycle or pedestrian on any public thoroughfare. (Ord. No. 06-14, S 5, 5-12-2014) 4.04.060 Reporting. Possible Rabies Exposure Any person observing an animal bite or scratch to another animal or person or an animal suspected of rabies due to its behavior shall report the incident or sighting to a city police officer. The resulting report shall include the location of the incident, name and address of the animal's owner, if known, name and address of victim if known and a description of the animal. A city police officer will investigate all such reports. (Ord. No. 06-14, S 6, 5-12-2014) 4.04.070 Quarantine Of Animals (a) The owner of any animal known or suspected to be rabid shall submit the animal for quarantine as directed by a city police officer. Animals known or suspected to be rabid and whose owner cannot be located may be impounded for quarantine in an approved animal facility at the direction of a city police officer. Such quarantine shall be for at least ten days. Quarantine of an animal may be effected at any of the following locations, subject to the approval of a city police officer: (1) Veterinary facility; (2) City facility. MpaliadnmutébpituhauninewwsawS 2/6 2/7/25, 8:38. AM Print Preview (b) All expenses incurred by the quarantine shall be the responsibility of the owner. (Ord. No. 06-14, S 7, 5-12-2014) 4.04.080 Animal Well-Being Any animal kept or maintained within the city limits shall be cared for in a humane and considerate manner. A city police officer will investigate all incidents of possible animal abuse. Any person in possession of an animal shall maintain yards, pens, and/or enclosures in a manner as to prevent offensive odors, flies, mosquitoes, or other noxious insects which might endanger the public's health or safety. (Ord. No. 06-14, S 8, 5-12-2014) 4.04.090 Fines Any violation of this chapter may result in a fine not to exceed $500.00. Each succeeding day of violation shall constitute a separate offense. All fines shall be collected through the municipal court. (Ord. No. 06-14, S 9, 5-12-2014) 4.08 LIVESTOCK 4.08.010 Definitions 4.08.020 Enclosure Requirements 4.08.030 Enclosures For Small Animals 4.08.040 Enclosure For Livestock 4.08.050 Enclosure For Fowl 4.08.060 Enclosure For Pigeons And Similar Birds 4.08.070 Grazing. Livestock 4.08.080 Storage, Disposal, Etc., Of Manure 4.08.090 Minimum Land Area Requirements For Any Kind Of Livestock 4.08.100 Livestock Running. At Large 4.08.110 Pre-Existing. Livestock 4.08.120 Violation, Penalties 4.08.010 Definitions The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Enclosure means a pen, cage, coop, loft, stable, shed, structure or enclosure used to house a bird, fowl, livestock, or other animal. (Does not include pastured animal within a pasture fence.) Fowl includes a chicken, turkey, goose, guinea hen, or duck. Handler means a person who has charge, care, custody, or control of an animal. Livestock includes, but it not limited to, horses, mules, burros, cattle, sheep, swine and goats. Nuisance. The following conditions would qualify as a nuisance: (a) Noises that disrupt the peace of the neighborhood. (b) Unpleasant smells. (c) Unhealthy conditions for humans and/or animals involved. palimdanmuntpsbwkolin.ataPaedwwdhmasum-ANBAS 3/6 2/7/25, 8:38 AM Print Preview (d) Unsightly conditions that undermine adjoining property values. Owner means a person who owns, feeds, keeps, maintains, or harbors an animal or who knowingly allows an animal to remain on the person's property. Small animals includes, but is not limited to, rabbits, hamsters, squirrels, bats, ferrets, and guinea pigs, that are kept outside. Excluding cats and dogs. (Ord. No. 13-15, S 1-1, 11-9-2015) 4.08.020 Enclosure Requirements A person may not keep an animal, fowi, bird, or reptile in an enclosure unless the enclosure is: (a) Securely built; (b) Adequately sized for the kind and number of animals, fowl, birds, or reptiles housed in the structure; (c) Maintained in a sanitary condition that minimizes flies and reduces odor offensive to an adjacent residence or business. (Ord. No. 13-15, S 2-1, 11-9-2015) 4.08.030 Enclosures For Small Animals (a) An enclosure used to keep fewer than ten small animals must be located at least 30 feet from an adjacent residence or business, excluding the residence or business of the owner or handler of the small animals. (b) An enclosure used to keep ten or more small animals must be located at least 50 feet from an adjacent residence or business, excluding the residence or business of the owner or handler of the small animals. (c) This section does not apply to an animal shelter, veterinary clinic, pet store, or institutional or educational research facility. (Ord. No. 13-15, S 2-3, 11-9-2015) 4.08.040 Enclosure For Livestock (a) Except as provided in subsection (b) of this section, an enclosure used to keep livestock, other than miniature livestock, must be located: (1) At least 30 feet from adjoining residential or ousiness property, and (2) At least 50 feet from a structure used for human habitation, excluding the residence or business of the owner or handler of the livestock. (b) An enclosure used to keep miniature livestock (i.e., animals weighing less than 200 pounds) must be located at least 30 feet from a structure used for human habitation, other than a structure owned or occupied by the owner or handler of the livestock. (Ord. No. 13-15, S 2-4, 11-9-2015) 4.08.050 Enclosure For Fowl mtps/indenmunicèpaleoonine.omlbowpanfiyperodhmasaname-_ANIMALS 4/6 2/7/25, 8:38 AM Print Preview An enclosure used to keep two or more fowl must be located at least 30 feet from a residence or business, excluding the residence or business of the fowl's owner or handler. (Ord. No. 13-15, S 2-5, 11-9-2015) 4.08.060 Enclosure For Pigeons And Similar Birds (a) An enclosure used to keep two or more but fewer than ten pigeons or birds must be located at least 20 feet from an adjacent residence or business, excluding the residence or business of the owner or handler. (b) An enclosure used to keep ten or more birds must be located at least 30 feet from an adjacent residence or business, excluding the residence or business of the owner or handler. (Ord. No. 13-15, S 2-6, 11-9-2015) 4.08.070 Grazing. Livestock A person may not stake livestock at a location or in a manner that allows the animal to graze on or reach a public property or property belonging to others unless permission is given. (Ord. No. 13-15, S 3-1, 11-9-2015) 4.08.080 Storage, Disposal, Etc., Of Manure (a) Any person owning or leasing any stable where livestock is kept will not allow the manure to accumulate in such a manner as to be a nuisance. (b) It is unlawful for any person to throw or deposit any manure in any street or public place, or to allow manure from any animal under the person's care, control, or custody to remain in any street or public place. No person hauling manure through the streets shall permit the manure to litter the streets. (Ord. No. 13-15, S 3-2, 11-9-2015) 4.08.090 Minimum Land Area Requirements For Any Kind Of Livestock (a) General. The minimum land area to house any livestock is one acre. To house any combination of livestock, the area shall be either one acre or the sum of the required land areas for each animal as listed below, whichever is greater: (1) Cattle, swine or oxen, one acre each, provided that un-weaned young will not be counted; (2) Horses or ponies, one-half acre each; (3) Sheep, goats or llamas, one-quarter acre each, provided that un-weaned young will not be counted. (b) Example 1. The minimum land area required to maintain one goat and one horse shall be one acre. Although the sum of one-quarter acre for the goat and one-half acre for the horse equals three-quarters acres, the minimum land area to house any livestock is one acre. (c) Example 2. The minimum land area to maintain one pig, one horse and two sheep is two acres, This sum is reached by adding one acre for the pig, one-half acre for the horse and one-quarter acre for each of the two sheep. htpslinden-muntcipalcodeonline.omAowphpperoudhmasinceséname-4,ANMALS 5/6 2/7/25, 8:38. AM Print Preview (Ord. No. 13-15, S 3-4, 11-9-2015) 4.08.100 Livestock Running. At Large It shall be unlawful for any person owning or in control of any livestock to willfully or negligently allow such livestock to run at large in any area of the city limits, nor shall any person owning or in control of any livestock allow such ivestock to wander or stray upon the right-of-way of any public highway lying within the area of the city unless such ivestock is in the actual physical charge of some person. (Ord. No. 13-15, S 3-5, 11-9-2015) 4.08.110 Pre-Existing. Livestock Pre-existing livestock, prior to date of adoption of the ordinance codified in this chapter, are allowed to remain as long as they do not constitute a nuisance to the neighbors, surrounding businesses and the animals involved. (Ord. No. 13-15, S 3-6, 11-9-2015) 4.08.120 Violation, Penalties Any person violating any provision of this chapter shall be guilly of a misdemeanor and, upon conviction for each act herein prohibited of a continuing nature, each day shall be considered a separate offense. (Ord. No. 13-15, S 4-1, 11-9-2015) htps/Ainden-municpaleoeonimecombokpampyperodhamesiname-_ANIMALS 6/6