(A) No person shall keep or own any domestic fowl, geese, ducks, bees or poultry within the limits of the village unless said fowl are so kept or confined that they or any of them cannot be, and are not at any time, upon or running upon the land and property of another person.
(B) Keeping of female chickens (hens).
(1) For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning:
ADJACENT PROPERTY. All parcels of property that the applicant's property comes into contact with at one or more points but does not include parcels that are legally adjacent to but are, in fact, separated from the applicant's property by public or private street.
BACKYARD. That portion of a 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 single-family or two-family structure and extending to the side lot lines.
DUCK. Either a male drake or a female duck of all other breeds of ducks.
FOWL. Either hens or ducks.
HEN. A female chicken and does not include roosters.
PRIVATE RESTRICTIONS. Includes, but is not limited to, deed restrictions, condominium master deed restrictions, neighborhood associations by-laws, and covenant deeds.
RESIDENT. Any person living in the Village of Pewamo.
(2) Residents may keep hens (chickens) in the Village of Pewamo, subject to all the following requirements:
(a) A permit must be obtained under division (3) of this section before acquiring hens (chickens);
(b) The principal use of the resident's property must be a single-family dwelling or two-family dwelling;
(c) No more than four hens (chickens) may be kept on a single parcel;
(d) No roosters, ducks or geese, male or female, will be allowed within the Village of Pewamo;
(e) Hens (chickens) may be only kept in the backyard;
(f) Hens (chickens) must be provided with a covered enclosure and must be kept in the covered enclosure or in a fenced enclosure at all times. Fenced enclosures are subject to all village fence regulations;
(g) A covered or fenced enclosure must be at least ten feet from any property line of an adjacent property;
(h) A covered or fenced enclosure must be at least 40 feet from any residential structure or an adjacent property; however, this requirement may be waived as follows:
1. If the principal use of resident's property is for a single-family dwelling, all adjacent landowners must verify in writing that there is no objection to the issuance of the permit.
2. If the principal use of the resident's property is for a two-family dwelling, all adjacent landowners and the occupants of the dwelling must verify in writing that there is no objection to the issuance of the permit.
(i) All enclosures for the keeping of hens (chickens) must be constructed or repaired so as to prevent rats, mice, or other rodents from being harbored underneath, within, or within the walls of the enclosure;
(j) All feed and other items associated with the keeping of hens (chickens) that are likely to attract rats, mice, or other rodents must be protected so as to prevent rats, mice, or other rodents from coming into contact with them; and
(k) A person who has been issued a permit issued must submit it for examination on demand by the Zoning Code Enforcement Officer.
(3) To obtain a permit to keep hens (chickens), a resident must submit an application to the Village Clerk. The application must be accompanied by the following:
(a) Written consent waiving the distance requirement in division (2)(h) above, if applicable; and
(b) A filing fee, if any, as determined by Village Council resolution.
(4) The Village Clerk will grant a permit to keep hens (chickens) if the applicant meets the conditions under division (2). Permits expire three years after date of issuance. A resident who wishes to continue keeping hens (chickens) must obtain a new permit on or before the expiration date of the previous permit. Application for a new permit will be pursuant to the procedures and requirements that are applicable at the time the person applies for a new permit.
(5) If a resident granted a permit under this section fails to comply with the requirements listed under division (2), the village may revoke the permit and may initiate prosecution for a civil infraction violation.
(6) Private restrictions on the use of property remain enforceable and take precedence over a permit to keep hens (chickens). A permit issued to a person whose property is subject to private restrictions that prohibit the keeping of hens (chickens) is void. Interpretation and enforcement of private restrictions is the sole responsibility of the private parties involved.
(7) The Village Clerk will mail a copy of a permit issued under this section to the owners of adjacent property.
(Ord. 4, passed 8-2-1993; amended 4-8-2019) Penalty, see § 90.99