(A) Except as provided in this chapter, it shall be unlawful for any person to harbor a chicken or chickens within town boundaries unless persons wishing to harbor a chicken or chickens shall obtain a permit.
(B) Permit applications. Applications for a permit to harbor chicken(s) shall be made yearly by the owner of the property to the Town of Atlanta's Clerk-Treasurer's Office and shall include:
(1) The name, address, email address and telephone number of the applicant, and whether the applicant is the property's owner or a renter. In the event the applicant is a renter, the applicant must provide the above information for the owner of the property from whom the applicant is renting along with a notarized statement from the owner stating that the owner is aware of the application and approves of it;
(2) The number of chickens in the flock;
(3) The size in square feet of the chicken coop;
(4) The square footage per chicken within the chicken coop;
(5) The size in square feet of the chicken run;
(6) The square footage per chicken within the chicken run;
(7) The address where the chicken(s) are to be kept;
(8) The zoning district in which such address is located;
(9) A statement indicating whether the applicant has ever been convicted of the offense of cruelty to animals; and
(10) A statement agreeing to maintain the cleanliness of the chicken coop and run and agreeing to clean either or both promptly upon request by a town official, officer, or designee.
(C) Non-transferable. The permit to harbor chicken(s) shall not be transferable to another person or to another location.
(D) No multiple locations. No applicant shall be permitted to harbor chicken(s) at more than one location within town boundaries.
(E) False information. If the applicant withholds or falsifies any information on the permit application, no permit shall be issued and any permit previously issued on false or withheld information shall be revoked.
(F) An application for a permit shall be made prior to the harboring of any chickens, except where the applicant harbored chickens on December 31, 2013, in which case that person shall submit an application for a permit no later than 90 days after the effective date of the ordinance codified in this subchapter. Where the applicant harbored chickens on December 31, 2013, the applicant must reduce his/her chickens to no more than 12 hens and zero roosters, and comply with all other requirements of this chapter within 90 days from the effective date of the ordinance codified in this chapter. A person who harbored chicken(s) at his/her home on December 31, 2013 but fails to apply for a permit within this timeline shall have no entitlement to continue to harbor chicken(s) unless and until such person meets all requirements of this section and obtains a permit for same.
(G) All permits shall be conditioned upon passing inspections by officials, officers or designees of the town and/or their designees in compliance with this chapter.
(H) The Town of Atlanta's Town Council may refuse to grant or renew a permit and may revoke a permit if the applicant is unable to maintain his/her chicken flock so as to not create a nuisance, as evidenced by one written violation of the town's Nuisance Ordinance or two written violations of this chapter within 12 consecutive months. In the event of an alleged violation, the permit holder may appeal the determination to the Town Council. If the Town Council determines that a violation exists, the decision is considered final and appealable to the Superior or Circuit Courts of Hamilton County, Indiana.
(I) No person who either refuses to sign a statement that he/she has never been convicted of the offense of cruelty to animals or has been previously convicted of cruelty to animals shall be registered or issued a permit without prior review by the Atlanta Town Council or the town's current law enforcement agency.
(Ord. 2-2014-1, passed 2-11-2014)