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1. Notwithstanding the provisions of this section, the keeping of domestic chickens shall be permitted in all residential zoning districts so long as such keeping is in compliance with this subsection and all other applicable City ordinances unless, despite compliance with the following, the presence of any particular chickens endanger the health, safety, peace, quiet, comfort, enjoyment of, or otherwise become a public nuisance to nearby residents or occupants or places of business:
A. Chickens must be confined in a coop or fowl house not less than 18 inches in height or, in the alternative, within a fenced pen area. Chickens must be kept within the coop, the fowl house, or the fenced pen area at all times unless removed for a temporary time for the safety of the chicken.
B. The coop, the fowl house, or the fenced pen area must be of such a design to be reasonably expected to prevent entry by dogs, cats, or other animals and shall be completely enclosed.
C. The coop or fowl house must be used for chickens only and must be well ventilated.
D. The coop, the fowl house, or the fenced pen area shall have a minimum of four (4) square feet of floor area for each chicken but shall not be any larger than twelve (12) square feet of area for each chicken. The coop, fowl house, or fenced pen area shall be a minimum of twenty-five (25) feet from any property line. In the event a zoning or other ordinance requires a greater distance, the more restrictive regulations shall apply.
E. Any coop, fowl house, or fenced pen area must be well drained so there is no accumulation of moisture.
F. Any coop, fowl house, or fenced pen area shall be kept clean, sanitary and free from accumulation of chicken excrement and objectionable odors. All droppings and body excretions shall be either placed in fly-proof containers and double-bagged in plastic bags or, in the alternative, used as fertilizer on the same property or, with the owner’s permission, on other property within the City, so long as the droppings and body excretions are spread and incorporated into the soil within twenty four (24) hours.
G. In addition to the coop, fowl house, or fenced pen area, the owner’s property shall be sufficiently fenced to confine chickens to the property and prevent chickens from entering upon any adjacent property.
H. All chicken feed shall be stored in rodent-proof containers.
I. No more than six (6) chickens shall be kept or maintained per property.
J. All such chickens must be hens; no roosters are permitted.
K. The City shall not be liable for injury or death of chickens caused by dogs, cats, or other animals, domestic or wild, whether such animals are licensed by the City or not. Further, injury or death of a chicken caused by an animal is not, in and of itself, sufficient grounds for the City to determine that the animal is a vicious animal pursuant to Chapter 56 of this Code of Ordinances. Any dead chicken, not caused by slaughtering, shall be disposed of immediately upon discovering in a manner so as to not cause a nuisance pursuant to Chapter 50 of this Code of Ordinances.
L. Any slaughter of chickens not regulated by state law or otherwise forbidden or regulated shall be done only in a humane and sanitary manner and shall not be done open to the view of any public area or adjacent property owned by another.
M. An owner or possessor of animals on property that is newly annexed has ninety (90) days from the date of annexation to bring the property into compliance required by this section.
N. A violation of this subsection is a municipal infraction as provided in Chapter 3 of this Code of Ordinances.
2. No person shall keep any chickens unless they possess a City of Mount Vernon permit issued by the City Administrator. The fee for such permit shall be ten dollars ($10.00). Permits will be granted for one (1) year valid from January 1 through December 31. Permits may be purchased at any time during the year but will be valid only through December 31.
3. The permit may be suspended or revoked by the City Administrator upon hearing and finding evidence that the permittee has violated the conditions of the permit and listed in Section 55.21. All chickens must be removed upon revocation of the permit. There will be no refund of the permit fee.
4. By the granting of the permit to raise chickens and the application thereof, the permittee authorizes that the City Administrator or his/her appointed Zoning Administrator, upon identification and verification of credentials, have the right to enter onto the exterior of a permittee's property any time for the limited purpose of inspection of the premises to ensure that all conditions identified in Chapter 55.21 have been met.
No person shall intentionally provide or make available any harmful or poisonous substances to any animal on public or private property, except for small rodent pest control. The use of any small rodent pest control substances shall be in strict accordance with the manufacturer’s instructions and guidelines and shall not be available or accessible to any other animals.
1. The City Administrator and those designated by the City Administrator shall act as the official agents of the City for the purposes of impounding animals and enforcing this chapter.
2. The City Administrator and Police Department personnel are authorized to take such lawful action as may be required to enforce the provisions of this chapter.
3. The City Administrator and Police Department personnel, unless authorized by the owner or person entitled to possession thereof, shall not enter private dwellings that are not licensed as either commercial or private kennels unless a proper warrant has been issued upon showing that the Police Department has reasonable cause to believe that there is a violation of this chapter. Any enforcement officer, while pursuing any dog observed by the officer to be in violation of this chapter, or during investigation for unlicensed dogs, may enter upon any public or private property, except any private dwellings which are not licensed as either commercial or private kennels, for the purpose of abating the dog violation being investigated.
4. No person shall deny, prevent, obstruct, or attempt to deny, prevent or obstruct the Police Department from pursuing any animal observed to be in violation of this chapter.
5. No person shall fail or neglect, after a proper warrant has been presented, to properly permit City enforcement officers to enter private property or private dwelling homes to perform any duty imposed by this chapter.