It is unlawful for any person to keep or harbor any animal, not in transit, except:
(A) Farm animals kept under a stable license;
(B) Animals kept as part of a show licensed under the city code;
(C) Animals used in a parade for which a permit has been issued;
(D) Animals kept in a laboratory for scientific or experimental purposes; or
(E) Animals kept in an animal hospital or clinic for treatment by a licensed veterinarian.
(F) Keeping of backyard chickens.
(1) Purpose. It is recognized that the ability to cultivate one’s own food is a sustainable activity that can also be a rewarding past time. It is further recognized that the keeping of backyard chickens, if left unregulated, may interfere with the residential character of certain neighborhoods. Therefore, it is the purpose and intent of this section to permit, but strictly limit, the keeping of backyard chickens for egg 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.
(2) Keeping of backyard chickens allowed. A person may keep up to 6 backyard chickens on a residential property in the city as provided for in Chapter 154 of this code, provided:
(a) The keeper of the backyard chickens resides in a detached dwelling at the parcel at which the backyard chickens are kept;
(b) The subject parcel is a minimum of 10,000 square feet; and
(c) The owner of the subject parcel obtains a backyard chicken permit from the city, issued in compliance with division (F)(3) of this section.
(3) Permit required. A permit is required for the keeping of backyard chickens.
(a) Those desiring to keep backyard chickens shall file a written application with the City Administrator on a form provided by the city and pay an application fee. Fees to be charged for the permit to keep backyard chickens shall be set by City Council on the fee schedule.
(b) The application shall include:
1. The breed and number of chickens to be maintained on the premises;
2. Written statements that the applicant will at all times keep the backyard chickens in accordance with all of the conditions prescribed by the City Administrator, or modifications thereof, and that failure to obey such conditions will constitute a violation of the provisions of this chapter and will be grounds for cancellation of the permit;
3. Such other and further information as may be required by the City Administrator; and
4. The required flat fee of $20.
(c) The City Administrator and/or designee shall process the application.
(d) All initial permits will expire on December 31 of the following year after their issuance unless sooner revoked. Renewal permits shall expire on December 31 of the second year following their issuance unless sooner revoked.
(e) The city, upon written notice, may revoke a permit for failure to comply with provisions of this section or any of the permit’s conditions.
(f) The city may inspect the premises for which a permit has been granted in order to ensure compliance with this section. If the city is not able to obtain the occupant’s consent to enter the property, it may seek an administrative search warrant or revoke the permit.
(4) General standards and limitations for the keeping of backyard chickens.
(a) The keeping of roosters as a backyard chicken is prohibited.
(b) Backyard chickens shall not be raised or kept for the purpose of fighting.
(c) Backyard chickens shall not be kept in a dwelling, garage, or accessory structure other than those meeting the requirements of an enclosed coop.
(d) All backyard chickens must have access to an enclosed coop meeting the following minimum standards:
1. The enclosed coop may not occupy a front or side yard.
2. The enclosed coop must have a minimum size of 4 square feet per animal and shall not exceed a maximum of 40 square feet in total area.
3. The enclosed coop shall be setback a minimum of 25 feet from any principal structure on the subject parcel and any property line. The enclosed coop shall not exceed 10 feet in height.
4. The enclosed coop shall have a roof type and pitch that is similar to the principal structure on the lot.
5. The enclosed coop shall be similar in color to the principal structure on the lot.
6. The enclosed coop shall employ exterior building materials that are similar in type and quality to those employed on the principal structure.
7. The enclosed coop shall be constructed of permanent residential dwelling building materials. Coop components that are not designed or intended for use as permanent residential dwelling building materials, including but not limited to, garage doors, tires, pallets, employment of interior residential structural components on the exterior (drywall, particle board, plywood), sheet metal, fiberglass panels, plastics, corrosive metal, household items (appliance, fixtures, furniture), canvas, flimsy materials, tarps, non-permanent items (cages, portable kennels), wire panels, and the like are prohibited.
8. The floor of the enclosed coop shall be comprised of impervious surface such as vinyl, tile, concrete, or treated wood.
9. The enclosed coop must be built to protect the backyard chickens from extreme heat or cold.
10. The enclosed coop shall be at all times maintained in a good condition.
11. The enclosed coop shall meet all applicable building, electrical, HVAC, plumbing, and fire code requirements.
(e) All backyard chickens shall have access to a run meeting the following minimum standards:
1. The run shall be a fully-enclosed and covered area attached to a coop where backyard chickens can roam unsupervised.
2. The run shall adhere to setbacks required for enclosed coops to which they are attached.
3. The enclosed run shall be well drained so there is no accumulation of moisture.
4. Run components shall feature fencing materials approved for use in residential districts as provided for in Chapter 154 of the city code.
5. Run components not designed or intended for use as fence material, including, but not limited to, garage doors, tires, pallets, sheet metal, ribbed steel, metal siding, corrosive metal, solid (i.e. more than 90% opaque) metal, galvanized ribbed steel, household items (appliances, fixtures, furniture), makeshift or flimsy materials (plastic, paper, twine, rope, tin, webbing), farm animal fencing (barbed wire, chicken wire, high tensile, electric wire, woven wire, or other livestock fencing), canvas, tarps, non-exterior grade residential construction materials, and the like are prohibited.
6. Landscaping shall be employed on the perimeter of the run to shield view of the run from adjacent properties.
7. The run shall be at all times maintained in a good condition.
(f) The following minimum sanitation standards shall be observed at all times:
1. Slaughtering of backyard chickens on the property is prohibited.
2. Leg banding of all backyard chickens is required. The band must identify the owner, the owner’s address, and the owner’s telephone number.
3. No chicken or chicken byproducts shall be sold in residential districts.
4. All premises on which backyard chickens are kept or maintained shall be kept clean from filth, garbage, and any substances which attract rodents. The coop and its surrounding area 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. Failure to comply with these conditions may result in the City Administrator and/or enforcement officer removing backyard chickens from the premises or revoking the backyard chicken permit.
5. All grain and food stored for backyard chickens shall be kept indoors in a rodent proof container.
6. Backyard chickens shall not be kept in such a manner as to constitute a nuisance as provided for under Chapter 90 of this code.
7. Persons no longer intending to keep backyard chickens on the subject property shall notify the city in writing and remove the enclosed coop and run.
8. The enclosed coop and run shall be removed from the property upon permit expiration and/or permit revocation.
(G) Keeping of honey bees.
(1) Purpose. Honey bees provide substantial benefits to people and the environment, including but not limited to, pollination of crops and production of honey and wax. It shall be unlawful for any person to place, establish, or maintain any hive, stand, box, apiary, or keep any honey bees in or upon premises within the corporate limits of the city unless the honey bees are kept in accordance with the provisions of this subdivision.
(2) Keeping of honey bees.
(a) Permit required.
1. Prior to installing, altering or establishing a colony of honey bees within a hive, the beekeeper must obtain a permit from the city. Application for said permit shall be made to the city upon forms furnished by the city.
2. The permit application shall include the following data:
a. Name and address of applicant and property owner;
b. Street address and legal description of the lot upon which the honey bees would be kept;
c. A registered land survey as required by the city's fence design standards and site plan illustrating the dimensions of the property, location and distances of neighboring residences, and the location of the hive in relation to any property lines, sidewalk, alleys, and right-of-ways; and
d. Location of any schools or licensed child day care center located within 200 feet of property.
3. All applications shall be accompanied by an application fee, as required by the city.
(b) The completed application must be filed with the City Administrator and/or designee together with the permit fee 30 days prior to the scheduled City Council meeting date. The City Administrator and/or designee shall review the application and refer the application to the City Council. The city shall send written notice of the Council meeting to residents within 350 feet from the applicant's property. The City Council shall hold a public comment period and make the final decision on the application at a regularly scheduled meeting.
(c) All initial permits will expire on the December 31 of the following year after their issuance unless sooner revoked. Renewal permits shall automatically expire on December 31 of the second year following issuance unless sooner revoked.
(d) The city, upon written notice, may revoke a permit for failure to comply with provisions of this section or any condition(s) set forth in the permit.
(3) Beekeeping standards.
(a) Honey bee colonies meeting the requirements of this subdivision may be kept only upon a lot containing a single dwelling unit, and within the R-1 Single Family Residence District and the R-2 Multiple Family Residence District.
(b) Only honey bee species which are viable in northern climates according to the Department of Entomology at the University of Minnesota shall be allowed.
(c) Beekeepers shall own and reside at the property upon which said honey bees are kept.
(d) Colony density. The number of colonies on any lot or parcel is limited to colony per 10,000 square feet of lot area. At no time shall a person be permitted to keep or maintain more than 3 colonies on any lot or parcel.
(e) Placement of hives.
1. No colony or hive shall be kept or maintained within any front yard. In the case of a corner lot, no colony or hive shall be kept or maintained within the yard abutting an existing or dedicated public street.
2. No person shall establish or maintain any hive or colony within 50 feet of any occupied dwelling, except the dwelling of the owner of the subject property.
3. Hives shall be at least 25 feet from any property line, sidewalk, alley or other public way as measured from the nearest point on the hive to the property line, sidewalk, alley or other public right of way.
4. No hive shall be kept or maintained within 200 feet of a school or licensed child day care center.
(f) Hive standards.
1. Honey bee colonies shall be kept in hives with removable frames, which shall be kept in sound and usable condition.
2. Hives shall be placed on a hive stand manufactured for that purpose and shall not be placed on cinder blocks, pallets, logs, bricks, blocks, railroad ties, or similar materials.
3. Hives shall not contain hive bodies with more than a standard 10 frame design and shall not exceed 9
5/8
inches in height.
(g) The beekeeper shall ensure that a convenient, continuous, open source of water is available within 25 feet of the hive, stand boxes, or apiaries and within the required fence by the following standard.
(h) Fence requirement. Each Beekeeper shall enclose their property and/or the apiary with a fence. All hives located on a lot or parcels/apiary shall be surrounded by a solid perimeter fence measuring 6 feet in height. The hives shall be arranged so as to ensure the hive entrance is no less than 5 feet from the fence. The perimeter fence shall include a gate which shall be locked with a key or combination lock at all times. All fences must comply with fence standards, §§ 154.086(B) and 154.096(B) of the City Code.
(i) A conspicuous, weather-resistant sign identifying the site as housing honey bees and warning of danger shall be posted at each fence entrance and/or exit point.
(j) The beekeeper shall ensure that no wax comb or other material that might encourage robbing by other honey bees are left upon the grounds of the subject lot or parcel. Such materials once removed from the site shall be handled and stored in sealed containers, or placed within a building or other insect-proof container.
(k) The beekeeper shall maintain beekeeping equipment in good condition and shall secure unused equipment occupancy by swarms.
(l) Violation/penalty. Violation of this subdivision shall be subject to violation and penalty as prescribed in § 19 of the Zoning Ordinance (Violations and Penalty).
(4) Removal.
(a) Honey bees shall not be kept in such a manner as to constitute a nuisance as provided for under Chapter 90 of the Jordan City Code, or in violation of any other subdivision of the Jordan City Code.
(b) Persons no longer intending to keep honey bees on the subject property shall notify the city in writing and remove the operation.
(c) The operation shall be removed from the property upon permit expiration and/or permit revocation. Failure to remove the operation shall be considered a nuisance under Chapter 90 of the Jordan City Code.
(Prior Code, § 10.11) (Am. Ord. 2015-08, passed 7-6-2015; Am. Ord. 2017-03, passed 11-16-2017) Penalty, see §
10.99