A resident of the city may keep and maintain fowl and rabbits within the limits of the city upon obtaining a permit from the City Clerk, Planning and Zoning Administrator, or the Community Service Officer for said fowl or rabbits, which permit may be issued and is subject to the following requirements:
   A.   Permit shall require the signature of the owner, of the subject land, requesting the allowance of keeping Livestock, Fowl and Rabbits.
   B.   A scale able site plan compliant with Kimberly City Code, 6.04.020(C), Site plan, shall depict the fenced containment area, associated structures, structure size and applicable setbacks. City staff will assist the applicant with a site plan. A site inspection shall be completed prior to issuance of the permit.
   C.   Roosters, geese, emus, ostrich, peafowl, guinea fowl, and similar fowl that create loud, repetitive noises are prohibited; only hens, and chicks of either sex up to four (4) months old, are allowed. Owners of prohibited fowl that are housed in the city prior to the passage of this section shall be given a period of six (6) months to come into compliance.
   D.   Any such fowl or rabbits must be fenced or enclosed upon the property of the owner or keeper so that the same cannot come within twenty-five feet (25') of any building used for residential purposes by anyone other than the one keeping or maintaining the same or of any public right of way or public place, church or school building. Additionally, property where such fowl or rabbits are maintained must contain at least five thousand (5,000) square feet or real property for a maximum of six (6) fowl or rabbits, per parcel. At the request of the property owner, the City Council may grant a variance from the minimum five thousand (5,000) square feet of real property requirement for keeping of fewer than six (6) fowl or rabbits. Households maintaining more than six (6) legally permitted fowl or rabbits prior to May 25, 2021, shall be allowed to continue to maintain, the legal permitted number of fowl or rabbits per parcel, provided the owner complies with the requirements of this chapter. Properties housing fowl or rabbits prior to the passage of this section in a manner which does not comply with this section shall be given a period of five (5) years to come into compliance with the minimum square footage requirements.
   E.   All housing, pens or structures used to keep any fowl or rabbits must be kept in a clean and sanitary condition, free from odors.
   F.   The owner or keeper shall pay to the city clerk the sum of one dollar ($1.00) per fowl and the sum of one dollar ($1.00) per rabbit. The permit shall be for a period of one year from February 1 through January 31.
(Ord. 609, 2014; amd. Ord. 666, 2021; Ord. 682, 2023)