6-2-6: LIVESTOCK REGULATIONS AND PERMIT REQUIREMENTS:
   A.   Purpose And Intent: The purpose and intent of this section is to establish regulations for the possession, housing and permitting of livestock within the village, as well as for the administration and enforcement of such permitting and regulations, in order to promote the health, safety and welfare of the people in the village.
   B.   Definition:
 
LIVESTOCK:
Shall include, but not be limited to, cattle, sheep, swine, goats, horses, fowl, poultry, and other animals ordinarily raised or used on a farm.
 
   C.   Permit Required; Exemptions:
      1.   Permit Required: No livestock shall be allowed within the village without application to and receipt of a permit issued by the village board of trustees of unless exempted as set forth in this section. No such permit shall be issued unless the regulations and provisions set forth in this section 6-2-6 are met.
      2.   Exemption; Permit Not Required: Livestock shall be allowed and no permit need be applied for or received from the village if a property meets the following requirements:
         a.   The property is zoned A Agriculture as defined and specified in the Zoning Code, section 11-1-1 et seq. of this code;
         b.   The property is twenty (20) or more acres in size; and
         c.   The property is not adjacent to a Residence zoning district per the Zoning Code, section 11-1-1 et seq. of this code.
   D.   Livestock Regulations:
      1.   No livestock shall be allowed or permitted on any property within the Village of Heyworth that is not zoned R1 Single-Family Residence, R2 Mixed Residence, or A Agriculture.
      2.   Livestock Regulations Specific To A Agriculture Zoned Districts:
         a.   If an A Agriculture zoned property is in excess of twenty (20) acres and is adjacent to residentially zoned property, then:
            (1)   No cattle, swine or roosters shall be permitted.
            (2)   No livestock, other than poultry and fowl, shall be housed or allowed to be closer than two hundred feet (200') of any property line abutting a residentially zoned property.
            (3)   No livestock, other than poultry and fowl, shall be housed or allowed to be closer than fifty feet (50') of any property line abutting commercial or industrial zoned property.
            (4)   No more than twenty (20) livestock in combination shall be permitted on the property at any given time.
            (5)   Permanent coops for poultry and fowl must be situated at least five feet (5') from immediately adjacent residential property lines, and moveable chicken coops are allowable on the lot but must be moved to the side or rear yards during non-daylight hours.
         b.   If an A Agriculture zoned property is less than ten (10) acres but greater than five thousand (5,000) square feet and is adjacent to residentially zoned property, then:
            (1)   Only goats, poultry and fowl shall be allowed.
            (2)   No roosters shall be allowed.
            (3)   No more than twenty (20) livestock in combination shall be permitted on the property at any given time.
            (4)   No onsite slaughtering of livestock shall be permitted.
            (5)   No livestock, other than poultry and fowl, shall be housed or allowed to be closer than twenty feet (20') of any property line.
            (6)   Housing Of Poultry And Fowl:
               (A)   All poultry and fowl must be kept in a secure enclosure (a "coop") during non-daylight hours. During daylight hours, poultry and fowl may be located in a pen (a "run") or in a securely fenced yard.
               (B)   Coops must be constructed and maintained in a safe and workmanlike matter with materials generally utilized for chicken or other similar coops.
               (C)   Permanent coops must be situated at least five feet (5') from immediately adjacent residential property lines, and moveable chicken coops are allowable on the lot but must be moved to the side or rear yards during non-daylight hours.
               (D)   Coops must be kept in a neat and sanitary condition at all times and must be cleaned on a regular basis to prevent offensive odors, the attraction of rodents or predators, and the spread of disease.
         c.   No livestock shall be permitted for a property less than five thousand (5,000) square feet.
      3.   Livestock Regulations Specific To R1 And R2 Zoned Residence Districts:
         a.   No livestock, other than female chickens, are allowed on or within R1 or R2 zoned residence districts within the village subject to the following requirements:
            (1)   Lot size must be no less than five thousand 5,000 square feet.
            (2)   A maximum of eight (8) chickens are permitted.
            (3)   No onsite slaughtering of chickens shall be permitted.
            (4)   Housing Of Chickens:
               (A)   All chicken must be kept in a secure enclosure (a "coop") during non-daylight hours. During daylight hours, chickens may be located in a pen (a "run") or in a securely fenced yard.
               (B)   Coops must be constructed and maintained in a safe and workmanlike matter with materials generally utilized for chicken coops.
               (C)   Permanent coops must be situated at least five feet (5') from immediately adjacent residential property lines, and moveable chicken coops are allowable on the lot but must be moved to the side or rear yards during non-daylight hours.
               (D)   Coops must be kept in a neat and sanitary condition at all times and must be cleaned on a regular basis to prevent offensive odors, the attraction of rodents or predators, and the spread of disease.
            (5)   Applicants shall provide written notice to all adjacent property owners:
               (A)   On a form approved by the village that notifies each adjacent property owner of the permit request, the way to provide written objection or support of the permit request, and the date and time by which forms must be submitted to the village;
               (B)   Adjacent property owners include any property that is contiguous to the subject property including in front of, behind, beside, or catty-corner; and
               (C)   Such notice may be delivered in person, by mail or by electronic mail; and
               (D)   It is the responsibility of the applicant to determine the adjacent properly owners and their contact information.
      4.   Any property housing livestock shall be registered with the Illinois Department of Agriculture Premises Registration and Animal Identification Program.
      5.   If property adjacent to an A Agriculture zoned property that has livestock is rezoned to residential zoning per the Zoning Code, any livestock shall be allowed to be kept and maintained for a period of three (3) years from the date of the rezoning unless a permit is issued otherwise by the village.
   E.   Permit And Application Requirements: In addition to the other provisions of this section, the following are requirements for livestock permits and applications:
      1.   Permits shall be valid for no more than ten (10) years from the date of issuance.
      2.   Once a permit has expired, no livestock shall be permitted on the property unless a new permit is applied for and issued by the village.
      3.   Permits shall only be valid for the permittee at the property address permitted.
      4.   No permits are transferrable.
      5.   Such permit shall only be valid if not in violation with any applicable local, state, federal or administrative laws, including, but not limited to, any restrictive covenants applicable to the subject property or structures for housing such livestock.
      6.   It is the responsibility of the applicant to be familiar with and compliant with any applicable local, state, federal or administrative laws, including any applicable restrictive covenants.
      7.   The village code compliance officer shall review all permit applications and make a recommendation to the village board for appropriateness of a permit. Recommendations shall minimally address the completeness of the application, compliance with the provisions of this section, including housing requirements for the livestock, and provide a recommendation of approval or denial based on the review of the application to these provisions.
      8.   Applicants shall execute an affidavit with the application attesting to compliance with the requirements of these provisions, including verification of written notice being provided to all adjacent property owners, and compliance with all applicable laws.
   F.   Violations; Penalties; Enforcement:
      1.   Any person or entity in violation of any of the provisions of this section shall be subject to a fine of not less than one hundred dollars ($100.00) nor more than seven hundred fifty dollars ($750.00) for each offense. Each day a violation continues shall be deemed a new and separate offense. Any person or entity found in violation of any provisions of this section for a second or more offense may also have any issued livestock permit revoked.
      2.   Any applicant for a livestock permit that provides inaccurate or false information on the application, fails to provide written notice of such application as required in this section, or if any permit is issued in violation of any other local, state, federal or administrative law that would otherwise prevent such property housing, maintaining or otherwise allowing livestock, including restrictive covenants, shall be declared null and void.
      3.   Enforcement: The village code compliance officer or his/her designee shall have the duty and responsibility to assure compliance with the provisions of this section and shall be able to take such reasonable and lawful measures to do so, including, but not be limited to, enter upon and inspect the premises and pursue violations and enforcement if compliance is not obtained. (Ord. 2008-37, 11-3-2008; amd. 2011 Code; Ord. 2020-39, 6-4-2020)