(A) Nobody shall, by either act or omission, cause, permit, promote, suffer, allow, aid, encourage or engage in any of the following described occurrences, which are hereby defined, declared and determined to be public nuisances and prohibited: the location of any chicken or other fowl on any lot or parcel of real estate in the city unless:
(1) There has been registered with the city:
(a) The addresses of that lot or parcel of real estate and the owners thereof;
(b) The number and nature of the chicken and other fowl to be located on that lot or parcel of real estate; and
(c) A diagram of that lot or parcel of real estate with an identification on that diagram of all of the structures located on that lot or parcel of real estate, including those designed and constructed for the use of the chicken and other fowl, with their distances from each other and the boundary lines of that lot or parcel of real estate.
(2) There are never anymore than a total of six chickens or other fowl on any lot or parcel of real estate under one acre in size; and no more than 12 chickens or fowl on any lot or parcel of real estate over one acre in size;
(3) The chicken and other fowl on that lot or parcel of real estate are always the female of the species and never the male of the species;
(4) Neither the chicken or other fowl nor any product thereof are ever used for any commercial purposes; and
(5) Unless the chicken and other fowl are supervised and within the custody and control of an adult, the chicken and other fowl are always kept within a coop that is a covered and secure enclosure that is designed, constructed and always maintained in such a way that each and every part of it is always:
(a) In conformity with the zoning ordinances of the city;
(b) In a clean, functional and sanitary condition, free from preventable offensive odors;
(c) At least two feet above the ground or at ground level with a roosting area, every part of which is at least two feet above the ground in which the chicken and other fowl may be secured from sunup to sundown;
(d) Large enough to allow free movement of each of the chickens and other fowl located therein, but no less than three square feet of area for each of them;
(e) Located only within the rear yard and at least ten feet from the nearest boundary line of the lot or parcel of real estate upon which it is located and at least ten feet from the nearest residential structure on that lot or parcel or on any other lot or parcel of real estate abutting thereon;
(f) Located outside of any area on the lot or parcel of real estate upon which it is constructed from which surface water drains directly onto any other lot or parcel of real estate abutting thereon; and
(g) In a condition that protects and secures the chicken and other fowl within it from predators and prevents any of them from leaving that enclosure.
(B) The location of any unused coops for the purpose of chicken or other fowl on any lot or parcel of real estate in the city for a period of 90 consecutive days is prohibited and must be removed immediately.
(Prior Code, § 90.64) (Ord. 20-03, passed 11-9-2020) Penalty, see § 90.99