Loading...
Any person or corporation, whether owner, lessee, principal, agent, or otherwise, who uses any land in violation of any of the provisions of this chapter shall be guilty of an infraction. Each week's continued violation shall constitute a separate additional violation. (Ord. 991, 10-11-2018)
A. Within any of the residential zoning districts of the City, which are located within the City limits, it shall be unlawful to use the land for the keeping or housing of poultry or livestock, except chickens (hens only) may be kept in the back yard of a residence subject to the following conditions:
1. Permitted Location: Kept in a fenced in back yard of a residence.
2. Roosters Prohibited: No roosters are allowed.
3. Running At Large Prohibited: Not allowed to run at large.
4. Prohibited Locations: Not allowed in front or side yards of the residence.
5. Noncommercial Use Only: Kept for noncommercial use only, such as for family consumption, or 4-H or school projects, etc.
6. Application: Any person or persons desiring to keep chickens on real property inside the City, regardless of the ownership of the real property where such chickens shall be kept or the ownership of the chickens themselves, must first file an application with the City.
7. License Required: A license for keeping or maintaining chickens shall be granted subject to the application meeting the following specifications and requirements:
a. Four Or Less Chickens: For four (4) or fewer chickens the base application process will consist of the application form with name, address, phone number, type and number of chickens and type and size of property where chickens are confined and ranged.
b. More Than Four Chickens: For more than four (4) but not to exceed ten (10) chickens with no more than one chicken per five hundred (500) square feet of open back yard space. The application process will consist of the application form with name, address, phone number, type and number of chickens, type and size of property where chickens are confined and ranged and written consent to such chicken license by at least seventy five percent (75%) of all the persons in possession of premises within a radius of one hundred feet (100') of the premises upon which such chickens are to be maintained.
c. Fee: The application shall be accompanied by the deposit of a license fee set by resolution of the City Council.
d. License Nontransferable; Addition To Number Of Chickens: Chicken license shall not be transferable to another location or to other individuals and shall expire December 31 of the year issued. Whenever additions are made to the number of chickens for which a chicken license has been issued, the licensee shall, within three (3) days, report to the Office of the Clerk- Treasurer and pay the required license fee; provided, however, that whenever chicks are hatched, such chicks shall not be counted in computing the number allowed and the license fee until four (4) months old.
e. Renewal: Chicken licenses may be renewed upon expiration by filing an application and paying required fees.
f. Distance Requirements: All chicken enclosures must be at least ten feet (10') from any fence line, and be located in the back yard.
g. Free Range: Chickens are allowed to be free range in a fenced back yard.
h. Inspection; Right Of Entry: It shall be the duty of the Code Enforcement Officer to inspect, or cause to be inspected, chicken facilities for which licenses under this section have been issued as often as it may be necessary for the adequate control and supervision of such facilities. The Code Enforcement Officer, or designee, shall have the right to enter all such facilities at any reasonable time for the purpose of making necessary investigations and inspections, and shall be charged with the responsibility of enforcing and administering the provisions of this section.
i. Certain Dwellings And Facilities Prohibited: No permit will be issued for two-family dwellings (duplex), multi-family dwellings, or commercial facilities.
8. Nuisance Prohibited: The keeping of chickens shall not create a nuisance as defined in subsection 4-5A-1C of this Code.
9. Disposal Of Waste: The disposal of offal or waste materials from chickens and dead chickens are items excluded from City collection as defined in section 7-3-8 of this Code.
10. Complaint Procedures: Complaints regarding offensive animal related activities shall be handled by the Code Enforcement Officer or the authorized representative in the following manner: Objections shall be reviewed upon receipt of a written complaint from any household located within three hundred feet (300') of the affected property. Said complaints shall set forth the nature of the objection.
11. Complaint Investigation: Such complaints shall be investigated and findings reported, in writing. Standards for judging complaints shall include:
a. Noise in excess of that compatible with normal residential use (either in terms of volume or hours of occurrence).
b. Odors, flies or dust in excess of that compatible with normal residential use.
c. Trespassing of animals onto adjacent property.
d. Lack of maintenance of animal raising or grazing area. This includes, but is not limited to, cleanup of manure and proper repair of fencing or other enclosures.
12. Action By Code Enforcement Officer: The Code Enforcement Officer or the authorized representative, upon investigation and in consultation with area residents, may:
a. Approve the situation as it exists.
b. Require all or a portion of the animals to be eliminated.
c. Impose appropriate restrictions such as, repair of fencing or other enclosures, limiting the location of animals on the property, cleanup of manure, establishing a phase out period, or other measures to ensure compatibility with a residential setting.
d. Action by the Code Enforcement Officer shall become final fifteen (15) calendar days after the date of notification of the decision to the affected party unless appealed to the City Council.
13. Appeals: Appeals shall be brought before the City Council.
B. Poultry or livestock presently kept or maintained prior to passage of this title shall be allowed to continue subject to the restrictions set forth in chapter 5 of this title. (Ord. 973, 12-9-2013)