(A) No person shall keep, harbor or maintain or knowingly permit to be kept, harbored or maintained within the city any domestic fowl or pigeon or any swine or other animal including, but not limited to, cattle, horses, mules, ponies or other animals which cannot be or ordinarily are not kept and maintained as house pets.
(B) There is excepted herefrom all land and the animals thereon which was in use as farm land within the city limits prior to the adoption of this chapter, provided that such land continues to be used as farm land.
(C) There is further provided, however, that the keeping, harboring or maintaining of homing or racing pigeons shall not be prohibited so long as the person keeping, harboring or maintaining homing or racing pigeons complies with each of the following provisions.
(1) Such pigeons are not kept within 30 feet of any structure owned by another and used for human habitation, occupation or assemblage, whether such structure is in the same or in an adjacent block or square.
(2) All such birds shall be registered and shall wear a seamless leg band.
(3) The structure in which such homing or racing pigeons are kept shall be dry, well-ventilated and with windows so placed, if possible, to permit sunlight. It shall be cleaned at least once per week between December 1 and May 1 and at least twice a week between May 1 and December 1 of each year, and more often if necessary if so ordered by appropriate authority.
(4) The floor of the structure in which the homing or racing pigeons are kept shall be covered with sand or some other type of drying agent.
(5) Feeders shall be used for feeding the homing or racing pigeons and pigeon feed shall not be thrown on the floor of the structure in which the pigeons are kept.
(6) No more than ten pigeons shall be kept on any premises.
(7) Any building or structure erected for the housing of pigeons shall comply in all respects with the appropriate requirements of the Planning and Zoning Code.
(8) In no event shall pigeons be maintained in such a fashion that the structure in which the birds are maintained becomes offensive to view or in some other manner becomes a nuisance or in such a fashion that an odor is allowed to exist which is detectable on adjoining property.
(D) Keeping of chickens. Do not purchase chickens before the permit has been issued.
(1) Any person who keeps chickens in the city shall obtain a permit from the city prior to acquiring the chickens. No permit shall be issued to a person, by the city, and no chickens shall be allowed to be kept unless the owners of all residentially zoned adjacent properties (as defined below in division (D)(3)(j)) consent in writing to the permit and this consent is presented along with an application for a permit. Written statements waiving the distance requirement in division (D)(3)(g) below shall also be submitted at the time of application and become a part of the permit if issued. Application shall be made to the City Clerk and the fee for the permit shall be $10. A person who wishes to continue keeping chickens shall have obtained a new permit on or before the expiration date of the previous permit. Application for a new permit shall be pursuant to the procedures and requirements that are applicable at the time the person applies for a new permit.
(2) Notwithstanding the issuance of a permit by the city, private restrictions on the use of property shall remain enforceable and take precedence over a permit. Private restrictions include but are not limited to deed restrictions, condominium master deed restrictions, neighborhood association by-laws, and covenant deeds. A permit issued to a person whose property is subject to private restrictions that prohibit the keeping of chickens is void. The interpretation and enforcement of the private restriction is the sole responsibility of the private parties involved.
(3) A person who keeps or houses chickens on his or her property shall comply with all of the following requirements:
(a) Have been issued the permit required under division (D)(1) of this section.
(b) Keep no more than six chickens.
(c) The principal use of the person’s property is for a single-family dwelling. This does not apply to trailer parks, multi-use residential property, or mixed used property.
(d) No person shall keep any rooster.
(e) The chickens shall be provided with a covered enclosure and must be kept in the covered enclosure or a fenced enclosure at all times.
(f) A person shall not keep chickens in any location on the property other than in the rear yard. For purposes of this section, REAR YARD means that portion of a lot enclosed by the property’s rear lot line and the side lot lines to the points where the side lot lines intersect with an imaginary line established by the rear of the single family structure and extending to the side lot lines.
(g) No covered enclosure or fenced enclosure shall be located closer than 30 feet to any property line of an adjacent property. (However, this requirement can be waived as follows with a minimum ten feet from adjourning property).
(h) All enclosures for the keeping of chickens shall be so constructed or repaired as to prevent rats, mice, or other rodents from being harbored underneath, within, or within the walls of the enclosure. A covered enclosure or fenced enclosure shall not be located closer than 30 feet to any residential structure on an adjacent property.
(i) If the principal use of applicant’s property is for a single-family dwelling to obtain such a waiver the applicant shall present at the time of applying for a permit the written statements of all adjacent landowners (property owner and occupant of the property) that there is no objection to the issuance of the permit.
(j) For purposes of this section, ADJACENT PROPERTY means all parcels of property that the applicant’s property comes into contact with at one or more points, except for parcels that are legally adjacent to but are in fact separated from the applicant’s property by a public or private street and do not have direct vision of coop/run site.
(k) All enclosures for the keeping of chickens shall be so constructed or repaired as to prevent rats, mice, or other rodents from being harbored underneath, within, or within the walls of the enclosure.
(l) All feed and other items associated with the keeping of chickens that are likely to attract or to become infested with or infected by rats, mice, or other rodents shall be protected so as to prevent rats, mice, or other rodents from gaining access to or coming into contact with them.
(m) If the above requirements are not complied with, the city may revoke any permit granted under this section and/or initiate prosecution for a civil infraction violation.
(4) A person who has been issued a permit shall submit it for examination upon demand by any city official.
(5) Removal of chicken coop and run. Any chicken coop or run constructed or maintained on any premises shall be immediately removed from said premises after the suspension, expiration or termination of the permit for said premises, or shall be removed if chicken keeping activities have been discontinued or abandoned. Chicken keeping activities shall be deemed to have been discontinued or abandoned if an annual renewal chicken keeping permit is not obtained by a permittee by the last day of June each year.
(6) The maximum size of the coop and pen area shall be 100 square feet. The maximum height of pen will not exceed height of coop with a maximum height of eight feet. The minimum coop space per chicken will be three square feet and minimum run will be ten square feet per chicken.
(7) The city shall issue permit for a period not to exceed one year, subject to annual renewal thereof. The initial permit shall automatically expire at the end of June the initial city fiscal year and, thereafter, renewals of said permit shall extend for city fiscal year. Cost will not be prorated. Included with the completed application must be a scaled drawing that indicates the location of any chicken coop and chicken run, and the size and distance from adjoining structures and property lines, the number of chickens to be maintained at the premises and a statement that the applicant/permittee will at all times keep the chickens in accordance with this section and all the conditions prescribed by the City Council, or modification thereof, and failure to obey such conditions will constitute a violation of the provisions of this section and grounds for cancellation of the permit. To the extent a chicken coop or run is intended to be moveable, the scaled diagram shall indicate the area or areas into which they may be located should the permit be granted. Any issues/complaints file with the city must be addressed and corrected before the new permit can be issued. Cost of the permit is $10 per year.
(8) Chicken coops are not allowed to be located in any part of a house, garage or porch that is attached to single family dwelling.
(9) Chickens shall be kept for personal use only. Selling chickens, eggs, manure or breeding of chickens for commercial use is prohibited.
(10) At no time will the premises where chickens are kept to be maintained in an unhealthy, unsanitary or noxious condition or to permit premises to be in such condition that noxious odors are earned to adjacent public or private property. Any chicken coop or run authorized by permit under this section maybe inspected at any reasonable time by city official or public health official. Permit must be displayed.
(Ord. 1-G, passed 3-12-1996; Ord. passed 4-11-2023)
Penalty, see § 90.99