6-4-5-10: CHICKEN COOP LICENSING, REGULATIONS, AND PENALTY:
   A.   Required: All chicken coops maintained in accordance with this title shall be licensed by the city of Marion.
   B.   Conditions: The Animal Control Department may issue licenses to the owner of any chicken coop upon meeting all conditions of this section.
      1.   The application for a chicken coop license shall state the name and address of the owner, the specific proposed location of the chicken coop, and all other applicable information requested by the administrative official. A license will only be issued after the chicken coop and enclosure have been inspected and have been determined to meet all requirements of this title.
      2.   The number of licenses for chicken coops shall not exceed thirty (30) at any one time. The number of licenses may be increased only upon city council approval. Licenses will be issued based on the order of the applications received.
      3.   Each chicken coop license shall be renewed on an annual basis. The license will only be renewed after the chicken coop has been determined to be in compliance with all provisions of this section.
      4.   Only property containing one single-family residence, except zero lot line townhouses, shall be eligible for a chicken coop license.
      5.   Only one chicken coop license will be issued per property. A homesite consisting of multiple lots shall be considered one property. Each license allows one chicken coop.
      6.   Chicken coop licenses may not be transferred from one individual to another unless the coop is located on the same lot as the previous license holder. Individuals will have thirty (30) days to transfer the license to the new occupants of the residence, and the coop will be subject to reinspection. If a license is transferred to a new occupant, the original license holder shall apply for a new license if they wish to continue raising chickens. A license holder may relocate a chicken coop to a new location upon notifying the city and passing inspection.
   C.   Costs For Licensing: The costs for licensing a chicken coop shall be as follows:
      1.   Chicken Coop: Twenty five dollars ($25.00) per chicken coop license. The fee shall be paid at the time the application is submitted. An annual renewal fee of ten dollars ($10.00) shall be assessed for each chicken coop.
      2.   Transferring A Chicken Coop License: Twenty five dollars ($25.00) per transfer.
   D.   Exceptions: The provisions of this section relating to licensing shall not apply to:
      1.   Chicken coops located on property zoned R-A, rural agricultural as defined in title 11 of this code.
   E.   License Term: All licenses issued pursuant to this section shall be valid for a term not to exceed one year, September 1 to August 31 of the calendar year.
   F.   When Due: Chicken coop license renewals shall be submitted annually, prior to September 1.
   G.   Nonrefundable: No refunds shall be made on any chicken coop license or application for any reason.
   H.   Cost Of Administration: The license fees charged pursuant to this section are charged to defray the administrative costs and are not to be deemed a penalty or tax. The license fees shall not be construed as relieving the owner from any penalty imposed for any violation of this title.
   I.   Penalty: The owner of any chicken coop, which is subject to licensing and registration pursuant to subsection A of this section, but who does not comply with those provisions, shall be subject to the penalties provided in this Chapter including revocation of their chicken coop license, fines of up to seven hundred and fifty dollars ($750.00) and court costs.
      1.   In the event a chicken coop license is revoked for non-compliance, all chickens must be removed from the property within three (3) days of revocation unless the licensee files an appeal with the mayor in writing explaining all the reasons as to why the permit should not be revoked.
      2.   If the appeal is granted the permit shall not be revoked, but the licensee shall immediately take all necessary steps to correct the violations that caused the non-compliance or new citations for violations may be issued.
      3.   If the appeal is denied the licensee shall remove the chickens from the licensed property within three (3) days from the date of denial. (Ord. 3902, - -2023; Ord. 3911, 8- -2023)