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ORDINANCE NO. 612
AN ORDINANCE OF THE CITY OF HAYDEN, A MUNICIPAL CORPORATION OF THE STATE OF IDAHO, AMENDING TITLE 4, CHAPTER 3, SECTION 6 TO ADD DUCKS TO THE AGRICULTURAL, RESIDENTIAL, AND RESIDENTIAL SUBURBAN ZONES, AMENDING TITLE 4, CHAPTER 3, SECTION 31 APPEAL PROCEDURES; PROVIDING SEVERABILITY; PROVIDING REPEAL OF CONFLICTING ORDINANCES; AND PROVIDING AN EFFECTIVE DATE.
NOW, THEREFORE, BE IT ORDAINED, by the Mayor and City Council of the City of Hayden, Kootenai County, Idaho as follows:
Section 1. Hayden City Code Title 4, Chapter 3, Section 6 is hereby amended as follows:
4-3-6: KEEPING OF DOMESTIC ANIMALS; LIMITS:
A. Unless otherwise allowed as an agricultural or ranching related use that is allowed in the zoning district, it shall be unlawful for any household to own, harbor, or possess more domestic animals than authorized by this section or not in accordance with limitations and licensing requirements established by this chapter. The following domestic animals are allowed:
1. Dogs, cats, and miniature pigs not exceeding the number limitations as set forth in subsections C and D of this section.
2. Rabbit, guinea pig, hamster, gerbil, frog, ferret, mouse, rat, snake or bird (except fowl, pigeons, chickens, ducks, geese, turkeys) kept for the sole purpose of an indoor family pet or for educational purposes at an educational institution. It shall be the duty of all persons owning or harboring such animals to keep and maintain such animals in a clean and sanitary condition.
3. a. Cattle, equine, goats, sheep, lambs, alpacas, miniature horses, ducks, geese, and rabbits may be kept on a lot containing a minimum of three-fourths (3/4) acre of securely fenced, irrigated open space, exclusive of a homesite, and containing at least one acre in total, maintained in compliance with this chapter. Said fenced area shall be irrigated during the growing season to sustain vegetation. The number of listed animals allowed on the original one acre lot and per acre on each succeeding acre of contiguous site is limited to a total of ten (10) points (per acre) using the point system in the following table, where the points are calculated per animal.
(Limit 10 Points Per Acre)
Equine (horse, pony, donkey, mule, llama)
Goat, sheep, lamb, alpaca, miniature horse
Duck, goose, rabbit
b. Chickens and domestic, flightless ducks are permitted in the Agricultural, Residential, and Residential-Suburban Zones of the City on any detached single- family lot. A maximum of one hen or duck may be raised or kept per two thousand (2,000) gross square feet of lot area with a maximum of ten (10) hens or ducks per lot in the Residential and Residential-Suburban Zones and a maximum of ten (10) hens or ducks per acre in the Agricultural Zone. Roosters are prohibited within the City limits. Coops and feeders shall be secured to prevent problems with mice and other pests. Coops, hutches, or similar containment structures shall be set back in accordance with the authorized accessory building setbacks of the zone in which they are located and shall also be located at least fifteen feet (15') from the on site residence and twenty five feet (25') from any neighboring residences. Additionally the coop shall not be attached to a shared fence or a fence located along property lines. All other zone district setbacks and restrictions shall apply.
Section 2. Hayden City Code Title 4, Chapter 3, Section 31 is hereby amended as follows:
4-3-31: APPEAL OF CIVIL PENALTIES:
A determination that a person has committed a civil violation, as defined in this chapter, may be appealed in the following manner:
A. A person who has received a citation for a civil violation, or his agent or representative, may file a written request for a hearing before a hearing officer within ten (10) business days after the date of issuance of the citation. The hearing officer shall hold a hearing within five (5) business days after receipt of the written request from the appellant. If the violation being appealed is the first violation received, then the public hearing officer may, after reviewing the circumstances for the citation and the written request, agree to waive the violation without a hearing.
B. The scope of the hearing shall be limited to the following issues:
1. Whether a civil violation did in fact occur; and
2. Whether the person who received the citation had any responsibility for the animal whose behavior gave rise to the issuance of the citation.
C. The hearing shall be informal and strict rules of evidence shall not apply. The owner may be represented by counsel, present testimony and evidence, and examine witnesses.
D. A decision shall be issued at the close of the hearing or within five (5) days thereafter. The hearing officer shall notify the owner in writing of the decision within five (5) days after the close of the hearing.
E. The decision of the hearing officer may be appealed to the mayor or her/his designee pursuant to such rules as may be established. The decision of the mayor shall be final.
Section 3. This Ordinance is hereby declared to be severable. Should any portion of this Ordinance be declared invalid by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect and shall be read to carry out the purpose(s) of the Ordinance before the declaration of partial invalidity.
Section 4. All provisions of the current Hayden Municipal Code, rules, regulations or ordinances of the City of Hayden which conflict with the provisions of this ordinance are hereby repealed to the extent of such conflict.
Section 5: This Ordinance shall be in full force and effect from and after its passage, approval, and publication according to law, and may be published by summary.
PASSED by the City Council as an Ordinance of the City of Hayden upon roll call vote on the 27th day of October, 2020,
APPROVED by the Mayor on this 27th day of October, 2020.
CITY OF HAYDEN, IDAHO
Steven J. Griffitts, Mayor
Abbi Sanchez, City Clerk