§ 90.16 KEEPING OF FOWL.
   (A)   General. Except as provided in this section, no person shall keep or maintain any fowl.
      (1)   It shall be unlawful to keep or maintain any fowl without a valid permit, issued by the Planning Department of the city in accordance with division (C) below.
      (2)   Roosters are prohibited once they have attained the age to begin crowing or fighting, or in any event any rooster which is over six weeks of age, whichever is sooner.
      (3)   No fowl shall be allowed in multi-family complexes (including duplexes, apartments, condos, and townhomes), any multi-family zoning districts, or in the Residential Downtown Zoning District.
      (4)   The following are the maximum number of fowl allowed based upon the size of the lot:
 
Acres
Number of Fowl
0 to 0.24999 acres
Maximum of 2 hens
0.25 to 0.5 acres
Maximum of 4 hens
0.5 to 1 acre
Maximum of 8 hens
1 to 2 acres
Maximum of 10 hens
2 or more acres
Maximum of 20 hens
 
      (5)   The slaughter of fowl is prohibited.
      (6)   Food stored on site for fowl must be kept in a clean, sanitary manner in sealed containers in order to keep out water and pests.
   (B)   Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
      CHICKEN TRACTOR or TRACTOR. An enclosed, moveable coop lacking a floor.
      COOP. An accessory structure designed and built for use as an enclosure for housing fowl that provides shelter from the elements.
      RUN. A fenced, outdoor area for fowl with or without a top enclosure.
   (C)   Permit required. Before any fowl may be kept or maintained on any lot, the owner or tenant of the lot must first apply for and receive a permit as required herein.
      (1)   The permit application shall be made to the Planning Director, or his or her designee, on forms provided by the Planning Department. An application fee shall be paid to the city at the time the permit application is filed in the amount of $50, or the same amount as the zoning permit fee for a residential accessory structure as found in the city’s fee schedule as amended from time to time, whichever is greater.
      (2)   The applicant shall provide a plot plan with the permit application showing all proposed structures to be used to house fowl, fencing, their areas and the location of all setbacks from lot lines and existing structures within the lot and adjacent lots as outlined in division (D) below. Any structures used or to be used for human habitation shall be clearly marked.
      (3)   Once the permit is issued, the city has the authority to inspect the lot at any reasonable time to ensure compliance with this section.
   (D)   Coop, run and chicken tractor requirements and setbacks.
      (1)   All fowl must be kept in a fully-enclosed coop or chicken tractor during non-daylight hours which provides shelter from the elements and protection from predators. During daylight hours, fowl may be kept in a coop, run, chicken tractor or a fenced-in area. Any run or fenced-in area must either have a top or be of sufficient height to keep fowl from roaming beyond the property lines of the permitted lot. Any fowl kept in any area without a top must have its flight feathers clipped at all times to prevent the fowl from escaping the enclosure.
      (2)   Any coop, run or chicken tractor must be located a minimum of ten feet from all lot lines and also a minimum of 30 feet from the nearest dwelling and/or business on adjacent lots. Any coop, run or chicken tractor must additionally be located a minimum of five feet away from any structures that are used for human habitation.
      (3)   Any coop, run, chicken tractor or fenced-in area where fowl are to be kept shall be located in the rear yard of the property only.
      (4)   A minimum of four square feet of floor space per chicken must be provided at all times in the coop or chicken tractor and a minimum of ten square feet of floor space per chicken must be provided at all times in the ran or fenced-in area. The maximum area for all coop, chicken tractor and run structures is 600 square feet. Runs shall be a minimum of two feet in height.
      (5)   Coops, runs and tractors must be kept in a clean and sanitary condition with all droppings and organic waste material removed and disposed of in a proper manner. Droppings, soiled shavings and all other organic waste material shall be placed inside double plastic bags and securely tied prior to placing the bag in rollout containers for disposal. Organic waste materials may also be composted if the composting process does not produce documented negative impacts (including odors and the attraction of pests) on adjoining property owners.
   (E)   Violations.
      (1)   Fowl that escape enclosures or are permitted to run at large and fowl kept in unsanitary, cruel or unsafe conditions are a violation of § 90.16 and are additionally subject to county ordinances enforceable by the county pursuant to § 90.13.
      (2)   The Chief Code Enforcement Officer, or his or her designee, has the authority to issue a notice to the permittee of any violations of this section either personally or by regular mail, addressed to the permittee and sent to the last mailing address for the permittee on file with the city. It is the responsibility of the permittee to provide the city with an updated mailing address if the same shall change after issuance of the permit. If regular mail is used, a notice of the violation shall be posted in a conspicuous place on the permitted lot. The permittee shall have 14 days from the personal service or posting of the notice of violation to bring the lot in compliance. For good cause shown, including a good faith effort to bring the lot into compliance, the Chief Code Enforcement Officer or his or her designee has the authority to give a 14-day extension on the time to bring the lot into compliance. If the lot is not brought into compliance with this section within the allotted time period, then the permit shall be revoked. If the lot is found to be in violation of this section at least three times in any 12-month period, then the permit shall be revoked. Once the permit is revoked, the permittee shall remove all fowl from the lot within 30 days. The city reserves the right to pursue all legal and equitable remedies to enforce this section. Property owners or tenants may reapply for a permit after bringing the lot into compliance with this section and paying the application fee as set forth above.
(Ord. passed 5-8-2023) Penalty, see § 10.99