(A) Purpose. Chicken licenses are established to provide a mechanism for the lawful keeping of chickens that are uncommon in residential areas and that, if kept improperly, would injure the public health, safety, comfort, convenience, and general welfare. These regulations may be modified or terminated by the Village Board of Commissioners and no license shall be construed as a vested right to otherwise keep the permitted chickens except in conformance with the requirements set forth herein.
(B) License required. No person shall own, keep, possess, harbor or offer refuge to or for chickens in residential zoning districts without first applying to and receiving a chicken license. Licenses are not required in the A-1, Agricultural Zoning District.
(C) Eligibility. Only residents living in the R-1, 1-Family Residence Zoning District may apply for and receive a chicken license.
(D) License term. Chicken licenses issued shall be valid from the date of issuance until the current license holder sells or moves from the property that the license was issued for unless the license is terminated pursuant to these regulations.
(E) License fee. A non-refundable license fee of $150 shall accompany each application. Said fee is imposed to defray the costs and expenses of the village’s consideration of the application, regardless of the ultimate approval or disapproval of the license sought. Application forms shall be provided by the village.
(F) Transfer of license. Licenses issued shall only be valid for the applicant listed on the application. A new license and application fee shall be required in the event that an applicant or licensee moves to a new address or transfers the chickens to a person not already possessing the appropriate license.
(G) Responsible officer. The Village Zoning Officer or his or her designee shall be responsible for the review, issuance, enforcement, and revocation of chicken licenses.
(H) Inspection.
(1) Initial inspection. An on-site inspection shall be performed prior to first issuance of a chicken license, and from time to time as described herein. The applicant or licensee shall permit such inspection at reasonable times and upon reasonable notice. Said consent to inspection is a condition of any chicken license, and refusal shall be cause for rejection of an application or revocation of a chicken license.
(2) Additional inspections. The Village Zoning Officer may perform an inspection of the property of an applicant or licensee for any of the following reasons:
(a) The village has received a documented complaint concerning the conditions of the license, including the chickens permitted or the manner in which the chickens are kept in; or
(b) The village has probable cause to believe a violation of this chapter or the Village of Diamond Municipal Code related to chicken-keeping exists.
(3) Inspection criteria. The inspection shall verify that the applicant or licensee provides adequate shelter, food, water, yard condition, yard security, and other necessary conditions to preserve the health of the chickens, and complies with the requirements of this chapter. If any deficiency of these conditions is found, the applicant or licensee must correct such violation within such period of time as the village shall direct.
(I) Protective conditions. At the time of issuance, the Village Zoning Officer may impose specific conditions upon the recipient of a chicken license to prevent or minimize adverse effects upon other property in the vicinity of the permitted activity. Such conditions shall be expressly set forth in the license. Violation of any such condition or limitation shall be a violation of the regulations contained in this chapter and shall constitute grounds for revocation of the license.
(J) Revocation. Any license issued under the provisions of this chapter may be revoked by the Village Zoning Officer for a violation of any condition imposed upon a license, any provision hereof, or upon satisfactory proof that the permitted activity was conducted in a manner detrimental to the public safety, health, or morals. Such revocation may be in addition to the imposition of a fine or other penalty for a violation of any provision of the Village of Diamond Municipal Code, and shall be no defense to a prosecution for such violation.
(K) Appeal. In the event any applicant or licensee shall be refused a license by the Village Zoning Officer, have their license revoked, or shall feel otherwise aggrieved, he or she shall have the right to appeal from the decision of the Village Zoning Officer to the Board of Commissioners, which Board shall have the power to reverse or otherwise modify the decision of the Village Zoning Officer. Such appeal shall be in writing, addressed to the Mayor and Board of Commissioners setting forth in detail the grounds of such appeal.
(Ord. 2019-26, passed 12-10-2019) Penalty, see § 97.99