§ 93.005 FOWL.
   (A)   It shall be unlawful for any person to keep, own, harbor or maintain fowl of any type within the corporate limits of the city, except as follows.
      (1)   Any person may keep and maintain hens only, not to exceed eight in number at any one time at any one address, except as otherwise provided herein.
      (2)   Any such hens shall at all times be kept within an enclosed place or fenced area, provided, however, they shall not be kept at any time inside a structure used as a residence or inside a garage, whether attached or detached, and provided further, they shall at all times be kept within the side yard or rear yard of the property and not less than seven feet from any lot line of the property unless the City Council first determines the area and dimensions of the property make it impossible to do so.
      (3)   The person shall first obtain a written annual permit from the City Clerk’s office permitting the keeping of such hens, the application for which shall be on a written form provided by the Clerk’s office, and which shall include the name and property address of the applicant, the number of hens to be kept, the name and contact information of the person in charge of the hens, and such other information as required by the City Clerk or his or her representative. The application shall be accompanied by a nonrefundable fee in the amount of $20 or such other amount as established by resolution of the City Council.
      (4)   The City Council reserves the right to consider and approve, in its sole discretion, an application for a written annual permit allowing the keeping and maintenance of more than eight hens at any one time at any one address under any such terms and conditions that the City Council deems appropriate and necessary. This application shall be accompanied by a nonrefundable fee in the amount of $2.50 per hen exceeding eight in number or such other amount as established by resolution of the City Council.
   (B)   Any permit issued for hens as provided in this section shall be issued by the City Clerk or his or her designated representative only after an investigation of the property on which the hens are to be kept and the manner in which they are to be kept. The City Clerk may consult with any police or health officials deemed necessary or appropriate by the City Clerk. A permit shall be issued only after the City Clerk determines the location and keeping of hens is not a health hazard or nuisance to the surrounding neighborhood. Any permit issued shall be valid for a period of one year, from January 1 to December 31, and may be revoked by the City Clerk at any time for any violation of its conditions, city ordinances or other laws, rules and regulations.
   (C)   Any fowl kept in violation of this section shall be a nuisance, and each violation hereof shall be punishable as provided generally in this municipal code.
(Prior Code, § 2-504) (Ord. 454, passed 10-3-2022) Penalty, see § 93.999