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§ 90.51 PURPOSE OF CHICKENS.
   It is recognized that the ability to cultivate one's own food is a sustainable activity that can also be a rewarding pastime. Therefore, it is the purpose and intent of this subchapter to permit the keeping and maintenance of chicken hens for eggs and meat sources in a clean and sanitary manner that is not a nuisance to or detrimental to the public health, safety, and welfare of the community.
(Ord. passed 6-17-2024)
§ 90.52 PERMITTING.
   (A)   Permits shall be issued by the City Clerk. Applications for permits shall be made on forms provided by the Clerk.
   (B)   A chicken permit shall be valid for one year beginning January 1 of each year. No reduction of the permit fee shall be made because of expiration of a portion of the permit period time and no refund of any portion of the permit fee shall be made at any time for any purpose. Submission of a site plan or sketch shall be required with the permit.
   (C)   The annual chicken permit fee shall be as set by resolution of the City Council. The permit fee shall be paid at the time of application.
(Ord. passed 6-17-2024)
§ 90.53 GENERAL PERMIT REQUIREMENTS.
   No person shall own, keep, harbor, or have custody of any live chickens without first obtaining a permit from the city, subject to the following conditions:
   (A)   The owner of the chickens shall live in the dwelling on the property;
   (B)   The keeping of any poultry besides chickens is prohibited;
   (C)   All chicken coops and runs must meet the requirements of the building and zoning codes, including electrical permits if applicable;
   (D)   No person shall keep roosters, or adult male chickens, on any property within the city;
   (E)   Chickens are specifically limited to the following designated zoning districts: D-1, C-1, or A-1;
   (F)   No more than five chickens shall be housed or kept per household in any area of the city zoned D-1, C-1 or A-1;
   (G)   Permits may be revoked due to cruelty to the chickens, if the chickens become a nuisance, or any violation or non-compliance of this subchapter;
   (H)   Outdoor slaughtering of chickens in city limits is prohibited;
   (I)   Chicken fighting shall not be allowed within city limits;
   (J)   Chickens shall not be housed in a residential house or garage;
   (K)   Chickens must always be confined in a chicken coop or chicken run;
   (L)   Chicken coops and runs shall comply with the following requirements;
      (1)   Chicken coops must not exceed 20 square feet (by outside dimensions); which is four square feet per chicken, or six feet in height. Coops must be elevated with a clear open space of at least 24 inches between the ground and the floor or framing of the coops. Construction shall be adequate to prevent access by rodents;
      (2)   Located in the side or rear yard; (Note: Corner lots have two frontages.)
      (3)   The shelter shall be situated closer to the chicken owner's dwelling than to any of the neighboring dwellings;
      (4)   Any mobile coop or rolling coop must always meet all of the required setbacks;
      (5)   Meet the setback of at least 25 feet from any residential dwelling on any adjacent lot and at least ten feet from the property lines; and
      (6)   Chicken runs must not exceed 50 square feet, which is ten square feet per chicken, or six feet in height, and may be enclosed with wood or woven wire.
   (M)   All premises on which chickens are kept or maintained shall be kept clean from filth, garbage, and any substances which attract rodents. The coop and its surroundings must be cleaned frequently enough to control odor. Manure shall not be allowed to accumulate in a way that causes an unsanitary condition or causes odors detectible on another property;
   (N)   All food shall be stored in an enclosed, rodent proof container; and
   (O)   Dead chickens shall be disposed of according to the Minnesota Board of Animal Health rules, which require chicken carcasses to be disposed of as soon as possible after death, usually within 48 to 72 hours. Legal forms of chicken carcass disposal include offsite burial, offsite incineration or rendering, or offsite composting.
(Ord. passed 6-17-2024)
§ 90.54 RUNNING AT LARGE.
   No owner of any chicken, whether kept, harbored, or maintained within the city, shall permit or suffer such chicken to run or move at large at any time within the city. For the purpose of this section, every such chicken at large shall be deemed at large with the permission and at the sufferance of its owner, and in the event of a violation of the provisions of this section, it shall be no defense that the offending chicken escaped or is otherwise at large without the permission or sufferance of its owner.
(Ord. passed 6-17-2024)
§ 90.55 ENFORCEMENT.
   The City Clerk or designee must obtain permission of the property owner to inspect any chicken coop and/or run in response to any complaints of: unlicensed chickens; excess chickens; excess odor or noise; unsanitary conditions; the presence of roosters; or any other violation of this subchapter. If the owner refuses, a licensed peace officer must obtain a warrant to enter the property and search and seize any evidence of violations, including, but not limited to, seizing roosters, unlicensed chickens, excess
chickens, or chickens kept in unsanitary conditions.
   (A)   Warning of violation. A police officer, or other official of the city, is authorized to issue a written notice of violation of any provision(s) of this subchapter, therein stating that a citation may be issued if the violation continues.
   (B)   Issuance of citations. Any police officer or any other authorized representative of the law may issue a citation to any person, firm, or entity for any alleged violations of this subchapter and any other ordinance or statute which provides the basis for prosecution of violations of this subchapter. Nothing within this subchapter shall be construed to limit the authority of police officers to enforce any provisions of this subchapter or related statutes or ordinances. The police officer, or other official of the city, is authorized to issue a citation to any person, group, or organization for any alleged violation of this subchapter as often as each day the violation persists.
   (C)   Revocation of permit. The City Council may revoke a chicken permit for any violation of this chapter following written notice to the permit holder. Before revoking any chicken permit, the city shall notify the owner by personal service or certified mail of its intention to do so by stating the grounds upon which the permit is being revoked and giving the permit holder the right to a hearing before the City Council. Any request for a hearing by a permit holder must be submitted in writing to the City Clerk no later than ten days following service of the notice of revocation. If the permit holder within ten days requests a hearing in compliance with the provisions established herein, a hearing shall be held before the City Council to determine whether the permit should be revoked. Following the hearing, the City Council shall, by resolution, decide whether the revocation should occur and the basis for it. If no request for a hearing is received by the City Clerk within the ten days as set forth above, then the revocation shall be effective on the tenth day following service of the revocation notice.
      (1)   Any person whose permit is revoked shall, within ten days thereafter, humanely dispose of all chickens being owned, kept, or harbored by such person. Failure to comply with these conditions may result in the removal and destruction of all chickens from the premises.
      (2)   Any person violating any conditions of this permit shall reimburse the city for all costs incurred by the city to enforce the conditions of the permit.
   (D)   Unless otherwise specified, any person violating the provisions of this subchapter shall be guilty of a petty misdemeanor and this permit will be revoked.
(Ord. passed 6-17-2024)
§ 90.99 PENALTY.
   (A)   The violation of any provision of §§ 90.01 through 90.18, except the requirement to obtain a license for each dog, is herewith declared a misdemeanor. Failure to obtain the proper license for the dog by the owner or custodian is herewith declared a petty misdemeanor. Any person found guilty of violation thereof may be punished by a fine or by imprisonment in the county jail as set forth by ordinance by the City Council.
   (B)   Any permit granted hereunder may be revoked by the City Council at any time for cause. Any person, firm or corporation violating the provisions of §§ 90.30 through 90.34 shall be guilty of a misdemeanor and shall, upon conviction thereof, be punished by a fine not to exceed $1,000 or by imprisonment of not to exceed 90 days.
   (C)   The first two violations of § 90.54 shall be deemed petty misdemeanors. Every violation thereafter of § 90.54 shall be a misdemeanor.
(Ord. passed 1-28-1958; Ord. passed 5-16-1960; Ord. passed 2-17-1964; Ord. 45, passed 4-1-1968; Ord. passed 5-15-1972; Ord. passed 8-6-1973; Ord. 26, passed 2-23-1976; Ord. 26.6, passed 1-4-2010; Ord. passed 6-17-2024)