(A) General regulations. It shall be unlawful for any person to have, keep, harbor or otherwise maintain within the corporate limits of the town any non-domestic animal (farm animal), predatory birds, chickens or bees except as provided in this chapter. The term non-domestic animal is deemed to include miniature animals such as miniature horses, miniature goats, et cetera that do not exceed 34-inches in height measured from the ground to the shoulders of the animal.
(B) Regulations. The following regulations apply to small farm animals and domestic animals.
(1) The keeping of small farm animals such as ducks, rabbits and similar smaller sized farm animals and the cages and enclosures therefor are subject to the following provisions:
(a) For those dwelling units or business establishments which are situated upon a lot of less than 20,000 square feet, no more than three smaller sized non-domestic farm animals are allowed (ducks, rabbits, etc.) for each dwelling unit or business establishment.
(b) For those dwelling units or business establishments that are located upon a lot of 20,000 square feet or more, up to four of such animals are allowed.
(c) For each additional 5,000 square feet of lot area in excess of 20,000 square feet, one more animal is permitted (for example, a lot of 25,000 square feet permits five animals).
(2) The keeping of domestic animals (cats, dogs, etc.) which are to be tethered or kenneled outside of a dwelling unit or business establishment are subject to the following provisions:
(a) For those dwelling units or business establishments which are situated upon a lot of less than 20,000 square feet, no more than three domestic animals may be tethered or kenneled outside of the dwelling unit or business establishment.
(b) For each dwelling unit or business establishment situated on a lot of 20,000 square feet or more, four small domestic animals are permitted to be tethered or kenneled outside.
(c) For each 5,000 square feet of lot area in excess of 20,000 square feet, one additional small domestic animal is permitted.
(3) Notwithstanding divisions (B)(1) and (2) above, the maximum number of small farm animals and domestic animals in any combination thereof, which may be tethered, cooped, kenneled or caged outside of a dwelling unit is three and outside of a business establishment is three on lots of less than 20,000 square feet. The maximum number increases by one for each additional 5,000 square feet of lot area in excess of 20,000 square feet.
(4) This division does not apply to chickens which are addressed in division (C) below.
(5) The following enclosure requirements apply to miniature non-domestic animals: For one miniature non-domestic animal there shall be a secure enclosure of a minimum of 10,000 square feet. And for each additional miniature non-domestic animal there shall be an additional 5,000 square feet. There shall be no structures within the enclosure.
(C) Chickens. The following regulations shall apply to chickens.
(1) Laying chickens are permitted within the corporate limits of the town. All other chickens, including meat birds, are prohibited.
(2) Up to eight chickens may be kept on any lot in addition to other small size animals allowed by this section.
(3) On lots greater than 10,000 square feet that also include a community garden or an urban farm, one additional chicken is permitted for every 1,000 square feet of lot area in excess of 10,000 square feet.
(4) Any structure housing chickens shall not be located within ten feet of a side yard line and shall not be located within ten feet of a rear yard line, this being a ten foot setback for such structures. No coops or cages shall be allowed in a front yard.
(D) Predatory birds. It shall be unlawful for any person to have, keep, harbor, or otherwise maintain within the corporate limits of the town any predatory bird or roosters, all of which are specifically prohibited.
(E) Bees. The keeping of bees, and associated beehives, shall be governed by the following regulations.
(1) Number. No more than two beehives shall be kept on any one parcel.
(2) Locations and setbacks. No beehive shall be kept closer than five feet to any lot line and ten feet to a dwelling or the permitted placement of a dwelling on another parcel, and no beehive shall be kept in a required front yard or side street yard. The front of any beehive shall face away from the property line of the residential property closest to the beehive.
(3) Fences and shrubs. A solid fence or dense hedge, known as a "flyway barrier", at least five feet in height, shall be placed along the side of the beehive that contains the entrance to the hive, and shall be located within ten feet of the hive and shall extend at least two feet on either side of the hive. No such flyway barrier shall be required if all beehives are located at least 20 feet from all property lines and for beehives that are located on porches or balconies at least ten feet above grade, except if such porch or balcony is located less than five feet from a property line.
(4) Water supply. A supply of fresh water shall be maintained in a location readily accessible to all bee colonies on the site throughout the day to prevent bees from congregating at neighboring swimming pools or other sources of water on nearby properties.
(5) Prohibitions. No Africanized bees may be kept on a property under the regulations of this section.
(F) Coops and cages. All animals shall be provided with a covered, predator-proof coop or cage or other shelter that is thoroughly ventilated, designed to be easily accessed and cleaned, and of sufficient size to permit free movement of the animals, exclusive of areas used for storage of materials or vehicles.
(G) Enclosure and fences. Chickens shall have access to an outdoor enclosure adequately fenced or otherwise bounded to contain the chickens on the property and to prevent access by dogs and other predators and providing at least ten square feet of area for each chicken.
(H) Animals prohibited. It is hereby declared a nuisance for any person have, keep, harbor, or otherwise maintain within the corporate limits of the town any horses, cattle, hogs, sheep, jacks, jennets, mules, or geese. These nuisances shall be abated pursuant to the provisions of Chapter 93 of the Hamilton Town Code.
(I) Penalty. The penalty provisions of § 90.99 of the Hamilton Town Code shall apply to the provisions of this section. Also, violations of this section including, but not limited to, any noxious odors relating to animals, coops, cages, enclosures and fences shall be deemed a nuisance and subject to the provisions of §§ 93.01 et seq. of the Hamilton Town Code.
(Ord. 2014-7, passed 11-3-14; Am. Ord. 2016-8, passed 9-26-16)