(A) Any person owning a parcel containing five continuous acres, and having the written permission of his or her adjoining property owners shall be allowed to have animals or fowls within the village.
(B) (1) It shall be unlawful for any person, firm, or corporation to keep or confine or otherwise secure horses, ponies, burros, hogs, cattle, sheep, goats, or any other animal or fowl, within the village limits, nor shall it be lawful to allow such animals or fowl to run at large within the village except as provided in this division (B).
(2) (a) Any person who keeps female chickens in the village shall obtain a permit from the village prior to acquiring the female chickens. Application must be made by the property owner and shall be made to the Village Clerk and shall be submitted with a filing fee of $20.
(b) Permits expire and become invalid one year after the date of issuance. Persons who wish to continue keeping female chickens shall have obtained a new permit on or before the expiration date of the previous permit. Application for a new permit shall be pursuant to the procedures and requirements that are applicable at the time the person applies for a new permit.
(c) Notwithstanding the issuance of a permit by the village, private restrictions on the use of property shall remain enforceable and take precedence over a permit. Private restrictions include, but are not limited to, deed restriction, condominium master deed restrictions, and covenant deeds. A permit issued to a person whose property is subject to interpretation and enforcement of the private restriction is the sole responsibility of the private parties involved.
(d) A person who keeps or houses female chickens on his or her property shall comply with the following requirements:
1. Have been issued the permit required under division (B)(2)(a) above;
2. Female chickens are not permitted in the downtown district;
3. If the lot is less than one continuous acre, keep no more than six female chickens;
4. If the lot is greater than five continuous acres, owners shall be allowed to have animals per division (A) above;
5. The principal use of the person’s property is for a single-family dwelling or two-family dwelling;
6. No person shall keep any rooster;
7. No person shall slaughter any female chickens within village limits;
8. The female chickens shall be provided with a covered enclosure and must be kept in the covered enclosure or a fenced enclosure at all times. The fenced enclosure shall be no larger than 11 square feet per female chicken in the area. The coop and enclosure shall be constructed in such a manner as to prevent access by dogs, cats, and wildlife;
9. A person shall not keep female chickens in any location of the property other than in the backyard. For purposes of this division (B)(2)(d)9., BACKYARD means that portion of a lot enclosed by the property’s rear lot line and the side lot lines to the points where the side lot lines intersect with an imaginary line established by the rear of the single-family or two-family structure and extending to the side lot lines;
10. No covered enclosure or fenced enclosure shall be located closer than ten feet to any property line of adjacent property;
11. All enclosures for keeping of female chickens shall be so constructed or repaired as to prevent rats, mice, or other rodents from being harbored underneath, within, or within the walls of the enclosure. A covered enclosure or fenced enclosure shall not be located closer than 20 feet to any residential structure on adjacent property provided, however, this requirement can be waived as follows: if the principal use of the applicant’s property is for a single-family dwelling, to obtain such a waiver the applicant shall present at the time of applying for a permit, the written statements of all adjacent landowners that there is no objection to the issuance of the permit;
12. All feed and other items associated with the keeping of female chickens that are likely to attract or to become infested shall be protected so as to prevent rats, mice, or other rodents from gaining access to or coming into contact with them;
13. If the above requirements are not complied with, the village may revoke any permit granted under this section and/or initiate prosecution for a civil infraction violation;
14. Female chickens shall be kept humanely; and
15. Female chickens waste shall be removed in an environmentally responsible manner. Waste can be composted or bagged and removed. Dead female chickens shall be immediately removed and disposed of properly. Piling waste on the property is not allowed.
(e) Any person who has been issued a permit shall submit it for examination upon demand by any Public Safety Officer or Code Enforcement Officer.
(Ord. passed 7-7-1983; Ord. passed 2-13-2017) Penalty, see § 92.99