(A) General requirements. Notwithstanding the provisions of the Bellevue zoning code or any related ordinances or provisions, residents within the city shall be allowed to keep and maintain backyard chickens subject to the terms and conditions herein.
(1) Only the keeping of non-crowing chickens shall be allowed. Roosters, turkeys, guineas, ducks, geese or other domestic fowl are specifically prohibited.
(2) There shall be no more than six (6) chickens kept on a property within the city limits at any one (1) time.
(3) A property housing chickens shall keep the chickens enclosed in the backyard only. The backyard shall be enclosed with a six- (6-) foot fence, capable of keeping the chickens penned in and out of adjoining yards.
(4) The chickens’ housing shall: be in a structure with a roof; be enclosed on all sides; have adequate ventilation; allow free movement of and at least three (3) square feet of space for each bird; be able to be locked and secured to ensure chickens cannot run at large or leave the housing and are safe from predators; be designed to be easily accessed, cleaned and maintained by the owners. If the residence located on property is located is left unattended, then the chickens have to be in their structure.
(5) The housing structure and fencing must be in good repair. All gates or doors to the fence or structure shall fit properly and shall be locked or secured by a latch.
(6) The housing shall not be located closer than three (3) feet to the owner’s residence.
(7) Stored feed must be kept in a rodent- and predator-proof container.
(8) The housing shall be located in the backyard and be a minimum of twenty-five (25) feet from the nearest residence, not including the residence of the owner of the chickens. For the purposes of this section, “RESIDENCE” shall be defined to include both the principal structure and any decks, porches or sunrooms attached to the principal structure. This requirement shall be met at the time of permit issuance and is not meant to be retroactively applied in the event an adjacent residence constructs an addition of some type that encroaches upon an existing chicken henhouse/coop/tractor/run.
(9) Chickens shall not be kept in a manner that would allow a perceptible odor beyond the property line.
(10) There shall be no breeding or slaughtering of backyard chickens within the city with the exception of slaughtering by a practicing butcher on the chicken owner’s property out of the sight of the owner’s neighbors. The butcher shall have an occupational license with the city and any other permits required.
(11) Provisions shall be made for storage and removal of chicken manure. All manure for composting or fertilizing shall be contained in a well-aerated garden compost pile. All other manure not used for composting or fertilizing shall be removed from the property. The surrounding area shall be kept free from trash and accumulated droppings or feed.
(B) Enforcement and penalties.
(1) The requirements of this section may be enforced by the Animal Control Officer(s), the Bellevue Police Department or the Code Enforcement Officer.
(2) Any person who keeps chickens without a valid permit as required by division (C) below or who otherwise violates any of the provisions of this section shall be deemed guilty of a violation and may be issued a notice of violation. In the event that the violation is not corrected within the timeframe referenced in division (B)(3) below following the issuance of a notice of violation, a citation may be issued and a civil penalty applied in accordance with the following:
First offense/citation | $100.00 |
Second offense/citation | $200.00 |
Any additional offenses/citations | $300.00 each |
(3) A violator of this section shall be given a prescribed reasonable timeframe to correct the violation(s) up to a maximum of seven (7) days from the date of notice of violation.
(4) A violator(s) who remains in violation after the prescribed timeframe for correction shall have their permit revoked and shall immediately discontinue the keeping of chickens at their residence. Failure to comply may result in removal of the chickens from the residence by Animal Control Officer(s), Police Department or Code Enforcement Officer or legal action instituted against the violator in a court of appropriate jurisdiction.
(5) Nothing in this section is meant to preclude or usurp the existing authority of the Animal Control Officer(s) or the Police Department.
(6) Nothing in this section is intended to relieve a resident from liability related to the harboring of chickens that would otherwise result in a violation of local, state or federal law.
(7) Violations of this chapter shall be subject to the jurisdiction, terms, conditions and due process proceedings of the Code Enforcement Board.
(C) Permits. A permit shall be required from the city for residents who keep non-crowing chickens at their residences within the city limits in accordance with this section.
(1) The one- (1-) time fee for the permit is twenty-five dollars ($25.00). A permit shall not be issued to any person who has previously been found in violation of this section. No person residing at the residence at that time of a violation at that location may obtain a permit.
(2) An applicant for a permit shall certify that he or she has notified abutting property owners of the application.
(3) The City Administrator may deny an application for a permit if the applicant cannot meet the criteria established herein, or if abutting neighbors object to the application prior to a permit being issued.
(4) A denial of a permit may be appealed to the City Administrator within thirty (30) days of the denial.
(5) The City Administrator may revoke any permit if: the permittee is in violation of the terms and conditions of this section; or the harboring of the chickens substantially interferes with the neighbors’ enjoyment of their property due to foul odors, noise or attraction of predators; the harboring endangers the safety of and/or caused a nuisance and/or property damage or personal injury to other persons or properties.
(6) Any permittee agrees as a condition of a permit to indemnify and hold harmless the city, its employees, officers and elected leaders from any claims for property damage, personal injury or other damages arising from the issuance of the permit and maintenance of chickens on the permittee’s property where the chickens are located.
(Ord. 2024-01-01, passed 2-14-24)