(A) Except as permitted by division (F) of this section, it shall be unlawful for any person, corporation, firm, or other entity, in the capacity of owner, occupant, lessee, or agent thereof to keep or maintain, within the corporate limits of the village, any chickens, ducks, geese, turkeys, pheasants, quail, pigeon, ostriches, or any other similar fowl or other non-domestic animals. Similarly, it shall be unlawful for any person, corporation, firm, or other entity, in the capacity of owner, occupant, lessee, or agent thereof to keep or maintain, within 300 feet of any residence, dwelling, business, or commercial structure located within said corporate limits, any chickens, ducks, geese, turkeys, pheasants, quail, pigeon, ostriches, or any other similar fowl or other non-domestic animals outside the village's corporate limits but within its extra-territorial zoning jurisdiction. A non-domestic animal is any animal other than a dog or cat.
(B) The keeping or maintaining of such fowl or other non-domestic animals as described in division (A) above shall be considered to be a specific nuisance in addition to those identified in Nebraska Basic Code § 91.20 and may be abated in accordance with the provisions of Nebraska Basic Code § 91.21.
(C) In addition to the abatement procedure identified in division (B) above, the governing body shall be authorized to maintain an action for abatement of such activity in a court, against the owner, occupant, lessee, or agent thereof, who is deemed to be in violation of division (A) of this section.
(D) Furthermore, any owner, occupant lessee, or agent thereof, who shall violate, or refuse to comply with the provisions of division (A) of this section, or the enforcement thereof, shall be deemed guilty of an offense and, upon conviction thereof, shall be fined in accordance with the specific penalty structure as set out below in division (E) of this section. A new violation shall be deemed to have been committed every 24 hours of such failure to comply.
(E) Penalty structure for violations:
(1)
First offense | $100 fine, plus court costs |
Second offense | $200 fine, plus court costs |
Third offense | $500 fine, plus court costs, loss of permit, and removal of the animals |
(2) The fine amounts may be paid by waiver.
(F) Fowl or other non-domestic animals permit and sanitation requirements. Notwithstanding the above provisions of this section, the raising of birds, such as chickens, ducks, pheasants, quail, pigeons, or geese or any similar fowl or other non-domestic animals for the purpose of this section, within the municipality may be permitted, subject to compliance with the following conditions:
(1) Permit requirements.
(a) Permit fee. Any person desiring to keep fowl or other non-domestic animals as defined in division (F) above, in the village corporate limits or within 300 feet of any adjoining property shall obtain a permit from the village prior to acquiring the fowl or other non-domestic animals. Application shall be made to the Village Clerk and the fee for the permit shall be $25 per year or as determined by Board of Trustees' resolution. The application shall be in writing on a form to be furnished by the Village Clerk for that purpose.
(b) Permit terms and expiration. Permits expire and become invalid one year after date of issuance. A person who wishes to continue keeping fowl or other non-domestic animals shall obtain a new permit on or before the expiration date of the previous permit. No permit shall be assigned or transferred from one person to another or as to location or species of animal.
(c) Application.
1. The application shall be made pursuant to the procedures and requirements that are applicable at the time the person applies for the new permit, which shall include:
a. Name and residence of the applicant;
b. Location of premises where fowl or other non-domestic animals are to be kept;
c. Species of fowl or other non-domestic animals to be kept;
d. Statement of the method in which offal, manure and waste material accumulating from such fowl or other non-domestic animals will be sanitarily disposed of;
e. Permits may require signatures of all residents within 300 feet of the applicant’s residence, but these signatures cannot determine weather the application is denied or approved.
f. An attached diagram or plat of premises, showing dimensions of premises, location and dimensions of the enclosure, and the distance from the residence building, and property lot line, on the same lot and on the adjacent property.
2. Prior to the issuance of any permit for the keeping fowl or other non-domestic animals, the Village Clerk shall have a proper investigation completed by the village personnel of the facts set forth in the application for the permit and determine whether said premises conform to the requirements of this section and other ordinances of the village with respect to zoning and building regulations, sanitation, and location of enclosures and shelters. No permit shall be issued by the Village Clerk, after initial approval by the governing body, until proper facilities shall be provided for the care and protection of the fowl or other non-domestic animals to be cared for on the premises and the location of the premises is deemed to be proper and suitable for the keeping of such fowl or other non-domestic animals and the application has been approved as to proper zoning.
(2) Specific keeping/housing requirements.
(a) A person who keeps or houses fowl on his or her property shall comply with all of the following requirements:
1. A permittee shall have no more than the number of fowl described in the permit.
2. The principal use of the property shall be a single-family dwelling.
3. No person shall keep fowl on a vacant or uninhabited tract of land.
4. No person shall keep any rooster, peacock or turkey.
5. No person shall slaughter any fowl within view of the general public.
6. The fowl shall be provided with a covered enclosure and must be kept in the covered enclosure or a fenced enclosure at all times. Fowl shall be secured within a covered enclosure during non-daylight hours. Such covered enclosure or coop shall contain at least four square feet of floor area per fowl, and the fenced enclosure shall provide at least ten square feet of open area per fowl; no coop shall exceed 120 square feet of floor area or exceed 12 feet in height.
7. A person shall not keep fowl in any location on the property other than in the rear yard. For purposes of this section, "rear yard" means that portion of the 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 dwelling and extending to the side lot lines.
8. No covered enclosure or fenced enclosure shall be located closer than ten feet to any property line of any adjacent property.
9. All enclosures for the keeping of fowl 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 40 feet to any residential structure.
a. A covered enclosure for fowl shall be enclosed on all sides and shall have a roof and doors. Access doors must be able to be shut and locked at night. Opening windows and vents must be covered with predator and bird proof wire of less than one inch openings.
b. The materials used in making a covered enclosure shall be uniform for each element of the structure such that the walls are made of the same material, the roof has the same shingles or other covering, and any windows or openings are constructed using the same materials. The use of scrap, waste board, sheet metal, or similar materials is prohibited. Covered enclosures shall be well maintained.
c. Any enclosed fowl pen shall consist of sturdy wire fencing. The pen must be covered with wire, aviary netting, or solid roofing.
(b) All feed and other items associated with the keeping of fowl or other non-domestic animals 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.
(c) Odors from all fowl or other non-domestic animals, manure or other fowl or other non-domestic animals/animal related substances shall not be perceptible beyond the boundaries of the permitted tract of land.
(d) Noise from any fowl or other non-domestic animals shall not be loud enough beyond the boundaries of the permitted tract of land at the property boundaries to disturb persons of reasonable sensitivity.
(e) The permittee shall not allow the permittee's fowl or other non-domestic animals to roam off the permitted tract of land. No dog or cat or other domesticated animal which kills or attacks any fowl or other non-domestic animals off the permitted tract of land shall, for that reason alone, be considered a dangerous or aggressive animal requiring the village to enforce its animal control provisions.
(3) Waste removal/dead animal removal.
(a) The owner of any fowl or other non-domestic animals shall keep all pens, enclosures, and shelter structures wherein such fowl or other non-domestic animals are kept in a clean and sanitary condition so as not to give off offensive odors which are a source of discomfort to persons residing in the vicinity thereof. The owner of any fowl or other non-domestic animals shall not allow waste to accumulate or remain in the pens, enclosures, and shelter areas upon which such fowl or other non-domestic animals reside or are confined in any manner which is conductive to the breeding, or attraction of flies, mosquitoes, or other noxious insects or in any manner which endangers the public health or safety or which creates an unhealthy environment. The maintenance or permitting of any of the foregoing conditions on any such lot or parcel of ground is hereby declared to be a public nuisance. The owner of any fowl or other non-domestic animals shall in a sanitary manner remove or dispose of all manure and waste materials accumulating from such fowl or other non-domestic animals at least once every seven days.
(b) If any fowl or other non-domestic animals dies in the possession of any person in this village, it shall be the duty of such person to cause the same to be at once buried or otherwise disposed of. In case the owner or person having charge of any such fowl or other non-domestic animals shall neglect or refuse to remove such dead fowl or other non-domestic animals within 24 hours after its death, a village employee may cause the same to be removed at the expense of such owner or person having charge of the fowl or other non-domestic animals in the amount of no less than $100 or as decided by the Board of Trustees’ resolution.
(G) Except for the specific fines set forth herein, any person who violates any provisions of this section shall be deemed guilty of an offense and upon conviction thereof shall be fined in any sum not exceeding $500 all as set forth in Nebraska Basic Code § 10.99. A new violation shall be deemed to have been committed every 24 hours of failure to comply with the provisions of this code.
(H) A person who has been issued a permit shall submit the premises so licensed, for inspection upon request by any law enforcement officer or other duly appointed municipal official.
(Ord. 2021-01, passed - -2021)