(A) Definitions. As used in this section, the following definitions shall apply:
CHICKEN. A fowl of the genus Gallus and species Gallus domesticus that is commonly referred to as domesticated fowl.
CHICKEN COOP. Any structure used for the housing of chickens.
CHICKEN RUN. A fenced outdoor area for the keeping and exercising of chickens.
ROOSTER. A male chicken.
(B) Chicken permit required. It is unlawful for any person to keep, harbor, maintain, possess, or otherwise control any chicken within the city, unless a permit is issued by the city under this division on a parcel of record zoned for single family detached dwelling.
(C) Permit application and permit fees. An application for a permit hereunder shall be filed with the city clerk upon an application form furnished by the city. The permit fee, which shall be paid and filed with the permit application, shall be in an amount established by City Council resolution. A permit issued hereunder shall be for duration of one year from its date of issuance. An application for permit renewal shall be filed 60 days prior to the expiration of the current permit. The permit application shall include, but not be limited to, the following:
(1) The full name and address of the following persons:
(a) The applicant signed thereto;
(b) The owner(s) of the premises on which chickens are sought to be kept and for which the permit would apply;
(2) The street address of the premises on which chickens are sought to be kept;
(3) The number of chickens to be kept on the premises;
(4) A detailed sketch plan of the premises on which chickens are sought to be kept, including the location, the dimensions and design of the coop and run, establishing compliance with the chicken coop and run specifications provided in this division;
(5) A statement certifying whether the property’s homeowners’ association rules, if any, prohibit the keeping of chickens on the property for which the application is sought;
(6) If the applicant is not the fee owner of the premises on which the chickens are sought to be kept and for which the permit would apply, the application shall be signed by all fee owners of the premises; and
(7) Any other and further information as the city deems necessary.
(D) Granting or denying issuance of permit. The City Clerk may grant an initial or renewal permit under this division; however, a permit may not be issued or renewed unless the application filed demonstrates compliance with the requirements of this division. A permit shall not be issued or renewed until the animal control officer inspects and approves the premises, including the chicken coop and run, at which chickens are sought to be kept. The City Clerk shall deny a permit hereunder for any of the following reasons:
(1) The application is incomplete or contains false, fraudulent or deceptive statements.
(2) The applicant does not or has not complied with one or more of the provisions of this section.
(3) The premises for which the permit is sought, including, but not limited to, the proposed or existing chicken coop or run, is not in compliance with any provisions of this subdivision, other city code provisions or state laws relating to zoning, health, fire, building or safety.
(4) The proposed chicken coop would result in a violation of or be inconsistent with the accessory structure zoning regulations of the city.
(5) The applicant or owner of the premises where the chickens are to be kept has been convicted of a violation under this section.
(6) The applicant is not the owner of the chickens proposed to be kept on the premises.
(7) The applicant is not the occupant of the premises for which the permit is sought to be issued.
(E) Conditions of permit. A permit granted under this division shall be subject to the following conditions:
(1) Ownership. The owner of the chickens must occupy the premises for which the permit is issued.
(2) Inspection. The premises, including the coop and run thereon, for which a permit is issued shall at all reasonable times be open to inspection by the animal control officer or any other city official to determine compliance with this division, other city code provisions and state laws relating to zoning, health, fire, building or safety.
(3) Transferability of permit. A permit issued hereunder shall be nontransferable. It is unlawful to keep, harbor, maintain, possess, or otherwise control any chickens on property that is not identified on the permit.
(4) Specifications for feeding chickens. All feed for the chickens shall be stored in water-tight and vermin-proof containers.
(5) Specifications of chicken coop and run. A chicken coop and run are required. The construction and location of the chicken coop and run shall be in compliance with the applicable building and zoning regulations of the city and the following requirements:
(a) The interior floor space of the chicken coop shall be a minimum size of two square feet for each chicken authorized under the permit.
(b) The exterior finish materials of the chicken coop shall be:
1. Weather-resistant, protective covering material, decay-resistant wood, or if exterior finish wood is not decay resistant, then the wood finish shall be protected from the elements and decay by paint or protective covering (e.g., siding, fascia wrap); and
2. In accordance with the accessory structure regulations set forth in the zoning regulations of the city.
(c) The construction of and materials used for the chicken coop and run must be adequate to prevent access by rodents.
(d) The chicken run shall be attached to the chicken coop. The chicken coop and run shall be deemed as a single structure and subject to the accessory structure regulations set forth in the zoning regulations of the city ordinances.
(e) The floor area of the chicken run shall be a minimum size of five square feet for each chicken authorized under the permit.
(f) The chicken run shall be fully enclosed by fencing or other similar material.
(g) No chicken coop or run, or any portion thereof, shall be within 25 feet of the outer perimeter of any inhabitable building.
(h) The chicken coop and run shall be setback at least ten feet from the rear lot line and at least five feet from the side lot lines. On properties zoned estate, the coop and run shall be setback at least ten feet from the rear and side lot lines. The chicken coop and run, or any portion thereof, shall not be
located in the front yard, which is defined as any area located between the front lot line and the front setback line or front building line, whichever is further from the front lot line, running from side lot line to side lot line.
(i) The chicken coop and run shall be kept in good repair as to be in compliance with the property maintenance regulations elsewhere in this code.
(j) The chicken coop and run shall be kept in a sanitary and odor-free condition, including the regular and frequent removal and proper disposal of any accumulated chicken feces or waste, dirt or filth that could create a safety or health hazard.
(k) The chicken coop and run shall be immediately removed if a permit granted under this division expires or is revoked.
(6) Regulations. The keeping, harboring, maintaining, or possessing of any chicken under a permit issued pursuant to this division shall be in accordance with the following:
(a) No more than five chicken shall be kept or harbored on the premises to which the permit applies.
(b) Roosters are prohibited.
(c) Slaughtering of chickens on any property zoned for residential use is prohibited.
(d) No chickens shall be kept, maintained, housed or permitted inside any residential dwelling or any garage.
(e) No chickens shall be permitted to run at large. The term RUN AT LARGE is defined as any chicken freely roaming in any area not on the premises to which the permit applies. The chicken shall be deemed to be permitted to run at large when the premises to which the permit applies is not securely enclosed by a proper boundary fence as to prevent a chicken from leaving the premises.
(f) If the chickens are not contained at all times to the coop and run and allowed to freely roam within the yard, the property shall be enclosed by a fence in accordance with the fence regulations set forth in the zoning regulations of this code and which by material and design prevents a chicken from leaving the premises.
(g) Chickens shall not be kept in such a manner as to constitute a public nuisance. Any violation of the provisions of this division shall be deemed a public nuisance.
(h) No chicken eggs shall be sold or offered for sale; all chicken eggs shall be for personal use or consumption.
(7) Revocation of permit. A violation of any provision of this division or any provisions of the permit issued hereunder shall constitute grounds for revocation of a permit.
(Ord. 373, passed 4-11-2016)