§ 96.02  KEEPING OF DOMESTIC LIVESTOCK OR EXOTIC ANIMALS.
   (A)   The Town of Ellettsville consents that the county may administer and enforce the Monroe County Animal Management Laws within the corporate limits of the Town of Ellettsville.  The following rules, regulations, and codes are hereby adopted by reference as the rules and regulations governing Animal Management and Commercial Animal Establishments in the Town, and these rules, regulations, and codes shall include the most current editions thereof, as the same are published by the Animal Management Commission of Monroe County:
      (1)   Chapter 440 Animal Management;
      (2)   Chapter 441 Commercial Animal Establishments.
   (B)   The following regulations apply to all residents within the corporate limits of the Town of Ellettsville, in addition to the regulations set forth in the Monroe County Animal Management Laws:
      (1)   It shall be unlawful for any person to keep, harbor, or allow about the premises of any such person any exotic animals within the corporate limits of the town.
      (2)   It shall be unlawful for any person to keep, harbor, or allow about the premises of any such person any domestic livestock except within those areas designated as Agricultural AG-1 or Agricultural AG-2 and as permitted by Chapter 152, or as set forth below.
      (3)   It shall be unlawful for any person to keep, harbor, allow, or have on or about the premises of any such person a hog, pig, or swine within the corporate limits of the town.
      (4)   A person may keep chickens and ducks within the corporate limits of the town, under the following conditions:
         (a)   Hens only shall be allowed.  No roosters or drakes shall be allowed.  No other fowl shall be allowed.
         (b)   The hens shall be kept in a stationary coop, chicken run, or outside yard that is enclosed on all sides, including the top, with chain link fencing or woven wire fencing with a minimum of 12½ gauge or heavier.  The coop shall meet the following requirements:
            1.   Neither the coop nor run shall be located between the rear of the principal structure and the front lot line.
            2.   No chicken coop and run shall be closer than five feet from any property line.
            3.   One coop shall be allowed on each non-agriculturally zoned property.
            4.   Chicken coops and chicken runs shall be maintained and shall be regularly cleaned to control dust, odor, and waste and not constitute a safety hazard, or health problem to surrounding properties.
            5.   The minimum combined size for the chicken coop and run shall be 12 square feet per hen.  The maximum combined size for the chicken coop and run shall not exceed 20 square feet per hen.  The maximum height of the coop shall be no more than seven feet at the highest point in residential districts.
            6.   A top is not required for the coop if the birds have been rendered flightless.
         (c)   Each person shall be limited to keeping, harboring, or allowing a total of nine hens, in any combination, about the premises of such person.  No family shall be allowed to keep, harbor, or allow about the premises of such family more than nine hens total.
         (d)   No person shall permit hens to run at large.
         (e)   No on-site slaughtering is allowed.
         (f)   The keeping of chickens and ducks should not otherwise be prohibited by Chapter 152, Planning and Zoning Code.
         (g)   Many home owner association by-laws do not allow domestic livestock or poultry or any kind.  Whenever a private covenant, contract, commitment, agreement, or other similar private land use restriction imposes a greater restriction or a higher standard that is required by a provision of this code, the more restrictive provisions shall apply.
(1985 Code, § 385-10)  (Ord. passed 1-10-1942; Am. Ord. 2013-18, passed 3-10-2014; Am. Ord. 2016-09, passed 8-22-2016; Am. Ord. 2020-23, passed 8-24-2020)  Penalty, see § 10.99