A. Keeping Of Chickens Lawful: Subject to the standards in this section, it shall be lawful to keep female domestic chickens (hens) over the age of three (3) months, or either sex domestic chickens under the age of three (3) months, or any combination thereof not to exceed the total allowed per permit holder.
B. Specific Standards For Chickens:
1. No male chickens (roosters) over the age of three (3) months are permitted.
2. No chickens may run at large within the corporate limits of the town of Manhattan. All chickens must be contained within the permittee's property boundary.
3. The permittee shall provide the chickens with a covered, predatorproof chicken house that is thoroughly ventilated, of sufficient size to admit free movement of the chickens. The chicken house must be adjacent to and provide free access to the chicken enclosure. Any heat source or electrical facilities installed in a chicken house must comply with all adopted building and electrical codes of the town of Manhattan.
4. Chickens shall be secured within the chicken house from sunset to sunrise.
5. Chicken enclosures and houses must be kept in a neat and sanitary condition at all times and must be cleaned on a regular basis so as to prevent offensive odors.
6. Chickens shall have continuous access to adequate food and water.
7. Stored feed must be kept in rodentproof and predatorproof container.
8. Chickens shall be maintained in a healthy condition. Ill chickens shall either receive appropriate medical care or be culled.
9. No chicken house or chicken enclosure shall be located in a front yard. No chicken house shall be located closer than twenty feet (20') to any structure inhabited by someone other than the chicken owner, custodian, or keeper; not closer than ten feet (10') to any neighbor's property line or public alley; and not closer than twenty feet (20') from any property line along a public street or roadway. Chicken houses may be movable but must comply with all standards of this section.
10. No chicken shall be kept in a manner so as to create noxious odors or noise of a loud, persistent and habitual manner.
11. No chickens shall be slaughtered within the public view.
12. The number of chickens shall be limited to four (4) chickens on a three thousand (3,000) square foot lot and one chicken for each additional one thousand (1,000) square feet up to a maximum of fifteen (15) chickens per permit holder.
C. Permits Required:
1. Prior to the keeping of any chicken(s), a party seeking to keep chickens shall obtain a permit from the town of Manhattan. A permit fee of thirty dollars ($30.00) shall be paid upon application and upon each renewal. The fee may be revised by resolution of the town council from time to time. Only one permit shall be issued per household. Issuance of a permit is a discretionary act. Permits must be renewed on or before January 1 of each year and are delinquent if not renewed by March 1 of each year.
2. The owner of the chickens shall keep a copy of all signed town approval documents for inspection upon request by the town or an agent thereof. It shall be a violation of this section to refuse to provide such documents when requested.
3. A permit for chickens under this section does not relieve any party from any requirement to obtain any other permit or other necessary approvals for any structure, fence, lighting, heat source, etc., as required by this code.
4. A party wishing to keep chickens shall submit an application to the town of Manhattan. The application shall contain the following:
a. A sketch identifying the property boundaries and showing the lot area in square feet, the location of all structures on the property and distances between said structures and between the property boundaries. The sketch must also indicate the location(s) of the chicken enclosure and chicken house.
b. The name, address, and signed statement of the property owner, if different from the applicant, consenting to the keeping of the applied for number of chickens on the property.
c. The number of chickens to be kept in accordance with subsection B12 of this section.
d. A description of the enclosure and chicken house, including materials used and cubic footage(s).
e. A sworn statement that all statements contained in the application are true and that the permit holder shall keep the chickens in compliance with the terms of the permit, application and this section.
f. The application must be accompanied by written approval (i.e., petition format) of the application by eighty percent (80%) of the property owners within two hundred feet (200') in any direction from the property line of the residence of the applicant. Name and addresses of the property owners and/or occupants shall be supplied by the applicant. Each property shall only be allowed one signature on the application.
g. If granted, the permit must be renewed each year. All new and existing permits must be renewed on or before January 1 of each year. The renewal must be accompanied by written approval as set out under subsection C4f of this section and with the property owner's consent, if applicable.
5. The town council may review any permit granted under this section upon formal complaint about the chickens and/or against the person holding the permit. In the event that a complaint is made and is substantiated, the permit may be revoked by the town council. In the event the permit is revoked, the chicken owner shall then have no longer than thirty (30) days to remove any chickens from the property.
6. A permit to keep chickens is specific to the permit holder and the location of the permit. A person wishing to move chickens to a different property shall obtain a new permit. A new resident of a property who intends to keep chickens shall obtain a new permit regardless of whether chickens were kept on the property or continue to be kept on the property.
7. Approval of a permit to keep chickens authorizes the permit holder to keep only the number of chickens in the manner described on the application and permit.
8. Changes to the standards contained in this section shall require any permit holder to comply with any new standard, regulation, or condition and no notice to a permit holder is required prior to enforcement of any new standard beyond that required for adoption of a new or revised ordinance.
D. Penalty: Violation of this section is punishable as set forth in section 1-4-2 of this code. In addition thereto, the court may, upon conviction thereof, terminate all ownership rights in the chickens, order that the chickens be permanently removed from the town limits, or order that the chickens be destroyed at the owner's expense. It is the intent of the town council to impose absolute liability for the offenses described in this section. (Ord. 09-003, 1-12-2010, eff. 3-9-2010)