A. It is unlawful to keep, harbor or maintain within the City limits any horses, mules, burros, cows, pigs, goats, sheep, swine and all other domesticated animals used in the production of food, or other products except as provided in Rural Residential (RR) Zoning Districts.
B. It is unlawful to keep fowl except as provided in subsection C of this section.
C. Backyard chicken hens (chickens kept on a residential lot), are allowed under the following conditions, however, all other poultry or fowl prohibited. No person may own or keep any other fowl, including ducks, quail, geese, turkeys, pigeons or peacocks.
1. No more than four (4) backyard chicken hens are permitted per lot. Roosters are prohibited.
2. Backyard chicken hens are restricted to the rear or backyard of any lot in the Rural Residential (RR) and Single-Family Residential, Detached (SFR) Zoning Districts. Backyard chicken hens may not free range and are restricted to the coop and run.
3. All backyard chicken hen coops shall meet the following requirements:
a. Be predator-proof with a solid top.
b. Provide water at all times.
c. Are limited to a maximum of one hundred twenty (120) square feet (includes coop space and chicken run).
d. Provide at least four (4) square feet of space per chicken hen for the coop and run.
e. Be no taller than seven feet (7') at the highest point of the roof.
f. Be at least ten feet (10') from any other structure and at least five feet (5') from any side or rear property line.
g. All coops shall be regularly cleaned to control dust, odor, and waste and not constitute a nuisance, safety hazard, or health problem to surrounding properties.
4. Backyard chicken hens are only allowed in SFR and RR Zoning Districts and in such districts shall not be deemed as "agricultural operations" as may be stated in other section of this Code. Any person that owns or maintains backyard chicken hens is required to obtain a permit from the Animal Control Division. There shall be no charge to obtain the permit. The permit will remain effective for so long as the applicant owns or maintains chicken hens at the location listed on the permit. The permit shall list the requirements contained in this section to own or maintain chickens.
5. Nothing herein shall permit keeping an animal, as the laws and regulations of the State of New Mexico or the United States otherwise prohibit or restrict.
6. Keeping of backyard chicken hens are subject to this Code's nuisance provisions, which shall supersede and take precedence over this provision of this chapter. (Ord. 2018-17, 11-13-2018)