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§ 90.119 MAINTENANCE AND OPERATION OF APIARY.
   (A)   A permit authorizes the keeping of honey bee hives on a premises, provided the following requirements are met.
      (1)   No more than four hives are allowed on one premises.
      (2)   No hive shall exceed 20 cubic feet in volume.
      (3)   Honey bees are limited to eastern European races of apis mellifera.
      (4)   A minimum six-foot high fly way barrier, consisting of either or some combination of closed fence, semi-solid fence, dense vegetation, building, other solid flyway barrier or other barrier which the city deem adequate, between the hive(s) and the property lines for all hives located within 20 feet of the property line. A flyway barrier is not required if the hive or hives are kept at least ten feet off the ground.
      (5)   A constant and adequate supply of water shall be provided within the enclosure to prevent bees from seeking water sources at a nearby property. The water source shall be designed to allow honey bees to access water by landing on a hard surface. This provision shall not apply during the winter.
      (6)   All honey bees shall be kept in hives with removable frames which shall be kept in sound and usable condition.
      (7)   All hives and related structures that form the apiary shall be located a minimum of ten feet from the all property lines, unless the owner of the adjoining property has provided written permission for closer placement.
      (8)   All hives and related structures that form the apiary shall be located a minimum of 20 feet from all public sidewalks, and may not be located in front or side yards.
      (9)   Hives shall be located a minimum of 25 feet from a neighbor’s primary dwelling on any adjoining lots unless the owner of the adjoining property has provided written permission for closer hive placement.
      (10)   No honey bees shall be kept on any premises which is a multi-tenant facility or contains two or more dwelling units.
      (11)   Hives shall be actively maintained. Hives not under active human management and maintenance shall be dismantled or removed by the most recent permit holder or property owner.
      (12)   In any instance in which a hive exhibits unusually aggressive characteristics it shall be the duty of the beekeeper to destroy or re-queen the hive. Queens shall be selected from stock bred for gentleness and non-swarming characteristics.
   (B)   In addition to compliance with the requirements of this section, no beekeeper shall keep a hive or hives that cause any unhealthy conditions or interfere with the normal use and enjoyment of human or animal life of others, any public property or property of others.
   (C)   The operations shall at all times comply with applicable laws including, but not limited to, the Illinois Bees and Apiaries Act, being 510 ILCS 20/1 et seq., in its current form and as amended.
(Ord. 2017-005, passed 2-27-2017) Penalty, see § 10.99
§ 90.120 RIGHT OF ENTRY; NUISANCE ABATEMENT.
   (A)   Personnel responsible for the enforcement of local ordinances may enter upon any property required to hold a permit in this section at all reasonable times to inspect the premises, obtain photographs or take any other action deemed necessary to properly enforce the provisions of this section.
   (B)   If such inspection reveals any hive kept, in violation of any requirements enumerated herein, in addition to any other remedy available under the this code, city personnel may order the violation corrected within 14 days.
      (1)   Notice of violation shall be mailed to both the permit holder and the property owner on which the apiary is located.
      (2)   If the permit holder fails to correct the violation within 14 days, the hive in violation may be destroyed and/or removed from the municipality by the city at the expense of the permit holder or property owner.
   (C)   The Building Department, shall have authority to abate nuisances as defined by this section and related to the operation or presence of an apiary and obtain any relief or costs allowed by law.
(Ord. 2017-005, passed 2-27-2017)
§ 90.121 PERMIT REVOCATION.
   A permit shall be subject to revocation upon failure to comply with any provisions of this section, or if the city determines that continued maintenance of the hive constitutes a reasonable threat to the general health or safety of others. Once a permit is revoked, a permit shall not be reissued for the same premises.
(Ord. 2017-005, passed 2-27-2017)
KEEPING OF POULTRY
§ 90.135 LICENSE REQUIRED.
   No person shall own, keep, maintain or harbor poultry within the city without obtaining an annual license therefor.
(Ord. 2020-031, passed 8-25-2020) Penalty, see § 10.99
§ 90.136 APPLICATION.
   (A)   Application for a poultry license shall be made upon such printed forms as provided by the city and shall include the following information:
      (1)   The address of the residence to be licensed;
      (2)   The name, telephone number, email of the property owner;
      (3)   A site plan indicating the location of the proposed chicken coop and chicken run. The site plan should be drawn to scale and indicate the lot size, location of the principal residence and accessory structures on the lot where the poultry will be located as well as the location of the principal residential structure on adjacent property to the side and rear yards; and
      (4)   A description of the screening to be provided on the rear and side yards. If a chicken tractor is to be used, the area it will be moved within the property shall be delineated on the site plan. The screening method for this are will be identified on the site plan.
   (B)   If the license application is for a new chicken coop, a city building permit and final inspection will be required. If the application is for an annual renewal license, the applicant will indicate if any changes have been made from the original building permit and site plan approval.
(Ord. 2020-031, passed 8-25-2020)
§ 90.137 LICENSE FEE.
   (A)   The annual poultry license fee shall be $50 per year.
   (B)   Whenever the ownership of a residence shall change, a new owner desiring to maintain the chicken coop shall notify the city and pay to the city the sum of $10, whereupon the city shall change the records accordingly for the coop.
   (C)   The licensing period shall begin with the fiscal year and shall run for one year. If licenses are obtained within the fiscal year, it will expire on the next April 30, with the renewal cycle beginning May 1 of each year.
   (D)   Persons who fail to obtain a license as required will be subject to a $150 fee.
   (E)   Licensed premises shall be inspected annually by a City Health Inspector and Compliance Officer to confirm compliance with the provisions of this chapter. The annual inspection fee is $100. The inspection shall include:
      (1)   The size, structural condition and sanitation of the chicken coop;
      (2)   The proper location and setback of the chicken coop and enclosed chicken run;
      (3)   Proper storage of poultry feed; and
      (4)   Screening of the chicken coop and chicken run.
(Ord. 2020-031, passed 8-25-2020; Ord. 2023-041, passed 10-24-2023)
§ 90.138 REGULATIONS AND PROHIBITIONS.
   (A)   It shall be unlawful to house or keep any live poultry within 20 feet of any school or church or public street without a poultry license. Further, any live poultry shall be housed equidistant from each property line or at least 20 feet from any residence other than the residence of the owner of such animals. Consideration will be given for up to a 15-foot reduction of the required setbacks by administrative review, dependent on screening of the rear yard, setback and configuration of the licensed and adjacent residential property, and the design of the chicken coop.
   (B)   Poultry licenses are required for the keeping of live poultry and will be issued only under the following conditions:
      (1)   Property shall be zoned R-1 Single- Family Residential with a minimum lot size of 4,800 square feet;
      (2)   A building permit is required for the construction of a chicken coop, outdoor enclosed chicken run, chicken tractor or the installation of a prefabricated chicken coop. If electricity is installed to the chicken coop it must be installed underground; extension cords or above ground wire are not permitted. Any electrical work requires an electrical permit. The Building Department shall inspect any structure related to the keeping of poultry to determine compliance with city code. Upon staff review existing non-residential structures may be allowed for the housing of hens;
      (3)   Should allow no more than ten hens. No roosters are allowed;
      (4)   Chicken coop and enclosed chicken run requirements:
         (a)   All keeping of poultry must be kept in a chicken coop; poultry are not allowed to be housed within a residence;
         (b)   Each licensed premises shall contain a single chicken coop with dimensions no larger than 24 square feet in area and six feet in height as measured from grade, elevated at least one foot off of the ground;
         (c)   Chicken coops shall be constructed of solid materials on all sides, including roof and door(s); the chicken coop must be constructed in such a manner so as to protect the hens from predators and trespassers, provide adequate ventilation to minimize odors, allow easy ingress and egress for hens and protection from weather elements including cold temperatures;
         (d)   Hens may be allowed outside of the chicken coop between dawn and dusk only in an enclosed, covered chicken run no larger than 32 square feet and no taller than six feet. Each hen shall have a minimum space of two square feet within the enclosed run. The screening enclosing this area must be buried at 12 inches deep and six inches flat to prevent predators from digging under the fence. Chicken wire shall not be used for screening. If hardware cloth, or welded wire mesh is used, it must be a minimum of 19-gauge wire;
         (e)   Both chicken coops and enclosed outdoor chicken runs shall be located:
            1.   Only in a rear yard;
            2.   A minimum of ten feet from any lot line;
            3.   Equidistant from each property line or at least 20 feet from residential structures not occupied by licensee; and
            4.   At least ten feet from the principal building.
         (f)   To accommodate free range hens the outside enclosure may be provided through the use of a mobile screened enclosure commonly referred to as a chicken tractor. Placement of the chicken tractor must maintain the setbacks outlined within this chapter;
         (g)   The area of confinement shall be secured at all times and shall consist of an enclosed run which shall have sufficient fresh air, provide shade and an enclosed area (coop) which shall be freely accessible to the hens during the night and in inclement weather (heat, rain, wind, storm, snow, cold); and
         (h)   All areas used for the feeding and grazing shall be maintained to prevent soil erosion and run off to neighboring properties.
      (5)   Screening of the premises:
         (a)   Licensed premises must contain a six-foot solid fence to screen the area which contains the chicken coop and open chicken run from adjacent properties. Consideration will be given for a vegetative screen instead of a fence if the setback distance between the chicken coop and residential structures not occupied by the licensee is greater than 100 feet; and
         (b)   Use of a chicken tractor will require the entire area within which the tractor is moved to meet this screening requirement.
      (6)   Hens shall be kept in a sanitary condition at all times with fresh water. All premises on which hens are kept or maintained shall be kept clean from filth, garbage and any substances which attract rodents.
         (a)   Food shall be provided on a regular basis throughout the day. Stored feed must be kept in a rodent- and predator-proof container.
         (b)   All chicken coops and enclosed chicken runs shall be maintained in good, structurally sound repair and in a neat, clean, presentable and attractive condition.
         (c)   No hen shall be kept in a manner so as to create noxious odors or noise of a loud, persistent and habitual nature.
         (d)   Hens will not be slaughtered on the poultry owner’s property.
         (e)   Hens shall be maintained in a healthy condition. Ill hens shall either receive appropriate medical care or be culled.
      (7)   Failure to comply with these conditions may result in revocation of the license and fine not to exceed $750 per day.
(Ord. 2020-031, passed 8-25-2020)