§ 91.090 POULTRY; CHICKENS; PERMIT REQUIREMENTS; RESTRICTIONS.
   (A)   It shall be unlawful for any person to keep or maintain within the corporate limits any turkeys, ducks, geese, or any other poultry not classified as chickens (gallus gallus domesticus).
   (B)   It shall be unlawful for any person to own, keep, harbor, or have under their care, custody, or control any cock or rooster chicken two months of age or older. The unlawful keeping or harboring of cocks or roosters is hereby declared to be a public nuisance.
   (C)   It shall be unlawful for any person to own, keep, harbor, or have under their care, custody, or control any chicken without a valid annual permit issued by the village. Permits are issued annually and run January 1 through December 31.
      (1)   Application shall be made to the village and the fee for the permit shall be $25 per year.
      (2)   The application shall be in writing on a form furnished by the village. All applications to keep chickens within the corporate limits must be approved by the village.
      (3)   The permits are issued and valid for the current calendar year. A person who wishes to continue to keep chickens shall have to renew said permit on or before the expiration date of the previous permit. The procedures for renewing said permit shall be the same as those applying for a new permit. If the permit lapses, chicken facility and run must be removed from property within seven days of permit expiration date.
      (4)   No permit shall be assignable or transferable either as to permittee, location, or chickens.
      (5)   Permits will be issued only to owner-occupied, single-family homes and only in zoning districts R-1 and R-2.
      (6)   A person who has been issued a permit freely and voluntarily consents to a search and examination of the chicken enclosure in his or her rear yard upon demand by any law enforcement officer or code enforcement officer.
   (D)   The requirements for the issuance of a permit by the village to own, keep, harbor, or have custody or control over a chicken are as follows:
      (1)   No more than ten chickens shall be permitted on any property.
      (2)   The chickens must be housed in a chicken facility and run approved by the village, such chicken facility and run to be maintained in compliance with all of the village's requirements as a condition of the permit. The requirements for the chicken facility and run include:
         (a)   The chicken facility and run must be in good repair, capable of being maintained in a clean and sanitary condition, free of vermin, obnoxious smells and substances;
         (b)   The chicken facility and run shall not constitute a nuisance or disturb neighboring residents due to noise, odor, or threats to public health;
         (c)   The chicken facility and run shall prevent chickens from roaming at large;
         (d)   The run shall be attached to the coop and constructed to include metal wire fencing anchored to the ground and a fully enclosed roof or similar enclosure to prevent escape by chickens and entry by predators and general members of the public;
         (e)   The chicken facility shall provide not less than three square feet per occupant chicken and the run shall provide not less than five square feet per occupant chicken;
         (f)   The chicken facility shall be constructed of durable material and the flooring of any chicken facility within the coop shall be of a hard-surface material. The chicken enclosure shall not exceed 80 square feet of floor area or exceed seven feet in height. Chicken run area shall not require hard-surface flooring;
         (g)   The chicken facility and run shall not be located in any front yard of a property and must be located so as to be at least ten feet from the rear and side property lines, ten feet from any existing structure on property and at least 20 feet from any neighboring residence; and
         (h)   The chicken facility and run shall comply with all applicable village building and zoning codes and must be consistent with the requirements of any land use regulation.
      (3)   Offal, manure, and waste material shall not be permitted to accumulate nor be confined in any manner that is conducive to the breeding or attraction of flies, mosquitoes, or other noxious insects or in any manner that endangers the public health or safety. All permit applicants must provide a statement of the method in which offal, manure, and waste material accumulating from the chickens will be sanitarily disposed of at least once every seven days.
      (4)   All grain, feed, and stuff intended for use as food for chickens shall be kept in tightly-fitted containers constructed to keep out vermin and wild animals; and
      (5)   Odors from chickens, chicken manure, or other chicken-related substances shall not be perceptible beyond the boundaries of the property with the valid permit for chickens.
      (6)   Chickens shall not be permitted to run at large within the village limits. No dog, cat or other domesticated animal which kills a chicken permitted to run at large will, for that reason alone, not be considered a dangerous or aggressive animal and it will not be the village's responsibility to enforce its animal control provisions.
      (7)   Any noise from chickens shall not be loud enough beyond the boundaries of the property with the valid permit for the chickens to disturb persons of reasonable sensitivity.
      (8)   If the above requirements are not complied with the village may revoke any valid chicken permit granted under this section and initiate prosecution for a civil infraction violation. If a permit is revoked, all chickens must be removed from the property and the village limits within seven days.
      (9)   A person who has been issued a valid permit shall submit it for examination upon demand by any law enforcement officer, Animal Control officer or code enforcement officer.
   (E)   The slaughtering or destruction of chickens within the corporate limits of the village shall be prohibited.
(Ord. 2023-1, passed 2-22-2023)