A. Permit Provisions:
1. Permit Required: No person may live on any residential property or on agricultural property of five (5) acres or less and own, harbor, keep or have custody of fowl or poultry without a permit from the City. No more than one (1) permit shall be allowed per property and permits shall not be granted for properties with more than three (3) dwelling units.
2. Payment of Fee; Late Fee: Each owner of fowl or poultry shall obtain a permit and pay the permit fee when the fowl or poultry attains the age of six (6) weeks of age, or upon acquiring ownership of the fowl or poultry, or upon establishing residence in the City, and before January 1 of each year the permit is due. A late fee will be assessed on all licenses obtained after January 1 of the year in which the permit is due for fowl or poultry owned prior to that date. Permit fees are nonrefundable.
3. Application For Permit: The owner of fowl or poultry shall provide the following information or documentation with the permit application:
a. Applicant’s name and address.
b. Address of the property at which the fowl or poultry will be kept.
c. The name of the property owner, if different than the applicant and written consent of the property owner for submission of the application.
d. A site plan and building plan for the proper enclosure and the run, including setbacks from all property lines and setbacks from all structures on the property and on all adjacent properties.
e. If the property is subject to a Homeowners’ Association, a statement from the property owner attesting that the application does not violate any regulations of the HOA.
f. Evidence of completion of a fowl or poultry-keeping course from the University of Minnesota or other institution approved by the City.
g. A statement and signature of the applicant affirming that all of the information contained in the application is true.
4. Permit Period: Permits shall be issued on a calendar year basis for a period of two (2) years.
5. Inspection: The City shall conduct an inspection to confirm all of the requirements of this Chapter are met and shall submit an inspection report to the City Clerk.
6. Administrative Approval: The City Clerk may administratively approve any permit that meets the criteria herein, including a satisfactory inspection report from the City.
7. Non-transferrable: Permits are non-transferrable. Any new owner or tenant of the property must apply for a new permit.
B. Exceptions to Permit Requirement: No permit is required for fowl or poultry that are temporarily brought into the City for the purpose of participating in an educational program, circus or show, or fowl or poultry kept by farms greater than five (5) acres, zoos, circuses or nature centers, veterinary hospitals, animal shelters or educational institutions if protective measures are provided to adequately prevent such animals from escaping or injuring the public.
C. Limitation on Number and Types of Fowl or Poultry: No person shall keep more than six (6) fowl or poultry (or any combination thereof). Roosters and drakes are prohibited, unless in an AG-1 or AG-2 zoning district.
D. Proper Enclosure and Run:
1. All fowl and poultry shall be kept and entirely confined in proper enclosure and run to prevent attracting predators and to minimize any nuisances. The proper enclosure cannot be a residential house or a garage, unless the fowl or poultry is under six (6) weeks of age for brooding purposes.
2. The proper enclosure and run shall be located as follows:
a. In a rear yard only, which shall not be adjacent to a street;
b. Setback a minimum of ten feet (10') from any property line;
c. Closer to the principal dwelling on the property than to any other residential dwelling on an abutting property;
d. Not in a drainage and utility easement, a wetland, wetland buffer or wetland setback area;
3. Dimensions, Materials, other Conditions:
a. Dimensions:
(1) The proper enclosure shall have an interior floor space of a minimum of two (2) square feet for each fowl or poultry but shall not exceed 32 square feet in size.
(2) The run shall be attached to the proper enclosure and shall have a minimum area of five (5) square feet per fowl or poultry, but it shall not exceed twenty (20) square feet per fowl or poultry.
(3) The maximum area for the proper enclosure and the run combined is a total of 120 square feet.
(4) The proper enclosure and the run shall not exceed ten feet (10') in height.
b. Materials:
(1) The proper enclosure shall be constructed of cedar, redwood or cypress wood or other durable material and if not integral to the exterior building material used, must be painted or stained for exterior use.
(2) The run shall be fully enclosed on the sides and overhead with wire or mesh fencing or netting with openings that do not exceed two (2) inches. There must be support posts of one and one-fourth (1 ¼) inches in diameter that are sufficiently buried into the ground to provide adequate support.
(3) The proper enclosure shall be winterized to provide adequate protection and any device for heating (i.e. heat lamp) shall be properly rated and secured so as not to cause a fire hazard.
(4) The construction of and materials used for the proper enclosure and the run shall be adequate to prevent access by predators and vermin.
c. Conditions:
(1) Only one (1) proper enclosure and one (1) run shall be allowed per property.
(2) All proper enclosures and runs shall be kept in a sanitary and odor free condition, including the frequent and regular removal, storage and disposal of waste that may create a hazard to the public health, safety and welfare.
(3) Feed must be stored inside the proper enclosure within a watertight and vermin-proof container.
(4) Dead fowl or poultry must be disposed of according to the Minnesota Board of Animal Health rules within forty-eight (48) to seventy-two (72) hours and methods of disposal include incineration, rendering or composting.
E. Prohibited Activities:
1. Eggs shall not be offered for sale or sold, unless it is a traditional farm that meet the requirements of the Minnesota Department of Agriculture Dairy and Food Inspection Division regulations.
2. Slaughtering of fowl or poultry on the property is prohibited.
3. Fowl or poultry shall not be kept for breeding purposes.
F. Termination of Permit; Violations:
1. Failure to own, harbor, keep or have custody of fowl or poultry for a period of twelve (12) consecutive months is cause for immediate termination of the permit.
2. If the permit holder moves from the property, the permit shall terminate.
3. Upon a recommendation from the Code Enforcement Officer due to violations of this Chapter, the City Clerk may immediately terminate the permit.
G. Appeals: An owner or applicant may appeal a decision by the City Clerk by following the procedures set forth in City Code Section 1-3-4.