15. PROHIBITED ACTVITITES. No noxious or offensive trade or activity shall be
carried on upon any lot. Nor shall anything be done thereon which, maybe or become an annoyance or nuisance to the neighborhood.
- PETS, LIVESTOCK AND POULTRY.
No animals, poultry, fowl, reptiles, or pigeons of any kind shall be raised, or bred, or kept on any lot with the exception of a dog, cat, or rabbit, which shall be limited in number to a total of two in any one household, or tropical fish, a parakeet or canary, or a hamster, guinea pig or gerbil, provided that said pets are not kept, bred, or maintained for any commercial purpose. No pets shall be allowed to run free beyond the owner's lot. Dog kennels cannot exceed 100 square feet with a maximum height of six feet and cannot be placed closer to the lot line than the house or garage. All pets must be maintained so that they do not cause a disturbance or create odors which are offensive to neighbors. However, nothing contained herein shall be construed to permit the keeping of any dog, cat, or other pet which shall in any way constitute a nuisance.
- AMENDMENT.
These covenants and restrictions, may be removed, modified, annulled, waived, changed and/or amended at any time and in any manner by a written declaration setting forth such amendment, which has been executed by the owners of at least 50% of the lots in said Plat, in such form as to entitle it to be recorded with the Register of Deeds Office for Outagamie County, Wisconsin, provided, however, that such amendment, to be effective shall require the written approval, in recordable form of Developer, so long as he owns any of the lots in this Plat; further provided, however, that the written approval of Developer shall not be required if the only lots he owns are for his own personal residential purpose.
- ENFORCEMENT.
Enforcement of these covenants and restrictions shall be by proceedings at law or in equity against any person or persons violating or attempting to violate any covenant or restriction either to restrain a violation or to recover damages. In the event of litigation to enforce these conditions, covenants and restrictions, the non performing party or the party violating any of the conditions, covenants and restrictions shall reimburse the Developer and/or Owners for all out-of-pocket expenses (including actual attorneys' fees and court costs) incurred in enforcing these conditions, covenants, and restrictions
- SEVERABILITY.
Invalidation of anyone of these covenants or restrictions by judgment or court order shall in no way affect any of the other provisions which shall remain in full force and effect.
IN WITNESS WHEREOF, the Developer has signed and sealed this instrument this 8th day of May, 1997.
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