A. Unless zoned A-1, A-2 or grandfathered for such conditions prior to the adoption of this part, keeping of domestic birds, fowl or bees shall be permitted only by use on review as defined in the land development code 1 . Regardless of zoning or grandfathered status, details in subsections B through I of this section are conditions for keeping of such animals within the Duncan city limits.
B. It is unlawful for any person to construct or maintain a poultry house or pen for the raising or keeping of chickens or any other poultry within one hundred feet (100') of any house or building used for residential purposes, situated on any adjoining lot or plot of ground, in the city.
C. It is the duty of the owner or person in charge of such domestic fowl to keep the same securely confined in a suitable pen, coop, building, or enclosure. Any such fowl found running at large shall be deemed prima facie evidence that the owner or person in charge has failed to comply with the provisions of this section.
D. The keeping of more than three (3) chickens within a recognized residential subdivision on a lot of less than one acre is prohibited.
E. The keeping of roosters, geese, guinea fowl, ducks, turkeys, or peacocks is similarly prohibited in recognized residential subdivisions on lots of less than two (2) acres.
F. Any chicken or fowl or avian kept in a residential subdivision shall be maintained as follows:
1. All chickens, or other fowl, or avians shall be confined to the owner's property at all times.
2. All enclosures shall be cleaned regularly to prevent an accumulation of food, fecal matter, or nesting material from creating a nuisance or unsanitary condition due to odor, vermin, debris, or decay.
G. Every keeper of domestic birds or fowl shall confine the same in an enclosure sufficient to prevent their being at large and shall provide a shelter area of sufficient size to be conducive to good sanitation practices, and shall provide adequate sanitary drainage for the shelter or area.
H. The housing and keeping of fowl, domestic birds or bees shall be in such a manner as not to create a nuisance. Owners of fowl, domestic birds or bees will be held responsible and liable for any damages they cause within the city.
I. When bees are kept within the city limits, the following provisions shall apply:
1. No such beekeeping shall be allowed until the keeper of such bees has registered his beekeeping operation with the city;
2. The density of colonies on any lot may not exceed one colony of bees for each two thousand five hundred (2,500) square feet of lot area;
3. Colonies shall not be located within thirty five feet (35') of any property line except:
a. When situated at least eight feet (8') above adjacent ground level; or
b. When situated less than six feet (6') above adjacent ground level and behind a solid fence, wall, dense evergreen hedge or effective equivalent having a height of not less than six feet (6') and parallel to each property line within thirty five feet (35') of the hive. Such fence shall extend at least thirty feet (30') beyond the hive in both directions or the full length of the property line to which the fence is parallel, whichever is the lesser;
4. The beekeeper shall maintain fresh water sources on his lot for his bees during all the times that bees fly from the hives;
5. All colonies shall be maintained in movable frame hives, and mature colonies shall be housed in two (2) full depth brood chambers; and
6. Each beekeeper shall register his beekeeping operation with the state board of agriculture as required by state law. (Ord. 1510, 8-8-2000)
J. The provisions of this section shall apply upon written and signed complaint by the kennel master. When a violation is determined to exist, the owner or keeper shall be ordered to correct the violation within seventy two (72) hours of receiving such notice. Failure to correct the violation may result in the owner or keeper being issued a summons to appear in court for the violation(s). Each day a violation of this section is continued shall be deemed a separate violation. (Ord. 1510, 8-8-2000; amd. 2015 Code)
Notes
| 1 | 1. See part 12 of this code. |