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ORDINANCE NO. 2010-11-01 AN ORDINANCE OF THE CITY OF BATESVILLE, ARKANSAS, AMENDING THE BATESVILLE CITY CODE REGARDING FOWL WITHIN THE CITY LIMITS OF BATESVILLE, AND FOR OTHER PURPOSES WHEREAS, the City council recognizes that the city has a great number of domesticated animals within various neighborhoods in the City and that citizens and visitors must interact with such animals at times; and WHEREAS, the city council wishes to update the provisions of the Animal control provisions of the City Code; and NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BATESVILLE, ARKANSAS THAT: SECTION 1. Section 6.04.05 Premises and Pens-conditions of: of the Batesville Municipal code (the Code) is amended as follows: (1) All poultry within the corporate limits of the city shall be maintained in suitable houses, pens or other enclosures by the owner or person having responsibility for the care and maintenance of the poultry. SECTION 2. Section 6.04.04 Animals at Large Prohibited: of the Code is hereby amended as follows: (a) It shall be unlawful for any person to permit or allow any fowl to run at large within the corporate limits of the city. (b) It shall be lawful for any person to keep, permit or allow any fowl within the corporate limits of the city in all other zones, under the following terms and conditions: (1) No more than ten hens shall be allowed for each single family dwelling. No birds shall be allowed in multifamily complexes, including duplexes. (2) No roosters shall be allowed. (3) There shall be no outside slaughtering of birds. (4) All fowl must be kept at all times in a secure enclosure constructed at least two feet above the surface of the ground. (5) Enclosures must be situated at least 25 feet from the nearest neighbors' residence. (6) Enclosures must be kept in a neat and sanitary condition at all time, and must be cleaned on a regular basis so as to prevent offensive odors. J