§ 94.02 KEEPING OF DOMESTIC PETS; DEFINITIONS.
   (A)   (1)   Keeping of domestic pets. The keeping of domestic pets, including dogs, cats, and caged birds, is permitted within the village, provided that doing so is not in violation of any other local, state or federal regulations. The term DOMESTIC PET includes any animal which the village’s Police Chief determines is not likely to bite without provocation nor cause the death, maiming, or illness of a human. The term DOMESTIC PETS does not include exotic or wild animals, the keeping of which is expressly prohibited within the village. Farm animals are prohibited, unless the same are kept as part of a bona fide farm operation protected by the Michigan Right to Farm Act (MRFA), Act 93 of 1981 and being M.C.L.A. §§ 286.471 et seq., or as otherwise provided for herein.
      (2)   Keeping of female chickens.
         (a)   Any person who keeps female chickens in the village shall obtain a permit from the village prior to acquiring the female chickens. Application must be made by the property owner and shall be made to the Village Clerk, and the fee from the permit shall be as determined by Council resolution. Permits expire and become invalid two years after the date of issuance. A person who wishes to continue keeping female chickens shall have obtained a new permit on or before the expiration date of the previous permit. Application for a new permit shall be pursuant to the procedures and requirements that are applicable at the time the person applies for a new permit.
         (b)   Notwithstanding the issuance of a permit by the village, private restrictions on the use of property shall remain enforceable and take precedence over a permit. Private restrictions include, but are not limited to, deed restrictions, condominium master deed restrictions, and neighborhood association bylaws and covenant deeds. A permit issued to a person whose property is subject to the interpretation and enforcement of a private restriction is the sole responsibility of the private parties involved.
         (c)   A person who keeps or houses female chickens on his or her property shall comply with all of the following requirements:
            1.   Have been issued the permit required under division (A)(2)(a) above;
            2.   If the lot is less than one acre, keep not more than five female chickens, and if the lot is larger than one acre, keep not more than seven female chickens;
            3.   The principal use of the person’s property is for a single-family dwelling or a two- family dwelling;
            4.   No person shall keep any rooster;
            5.   No person shall slaughter any female chicken on his or her property;
            6.   The female chickens shall be provided with a covered enclosure and must be kept in the covered enclosure or a fenced enclosure at all times. The fenced enclosure shall be not larger than 11 square feet per female chicken in area. The coop and enclosure shall be constructed in such a manner so as to prevent access by dogs, cats, and wildlife;
            7.   No covered enclosure or fenced enclosure shall be located closer than ten feet to any property line of an adjacent property;
            8.   A covered enclosure or fenced enclosure shall not be located closer than 20 feet to any residential structure on an adjacent property;
            9.   All feed and other items associated with the keeping of female chickens which are likely to attract or to become infested shall be protected so as to prevent rats, mice, or other rodents from gaining access to or coming into contact with them;
            10.   All enclosures for the keeping of female chickens 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; and
            11.   Female chicken waste shall be removed in an environmentally responsible manner. Waste can be composted or bagged and removed. Dead female chickens shall be immediately removed and disposed of properly. Piling waste on the property is not allowed.
         (d)   A person who has been issued a permit shall submit it for examination upon demand by any public safety officer or code enforcement officer.
   (B)   For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
      EXOTIC ANIMAL. Any animal which is not indigenous to the lower peninsula of the state, or which is a hybrid of any animal not indigenous to the lower peninsula of the state, regardless of the extent of the mix. Exceptions shall be made for certain domesticated varieties of small (less than 24 inches long), non-poisonous snakes and lizards which are caged, or otherwise contained, within a dwelling unit.
      FARM ANIMAL. Animals customarily raised or kept for the production of food or fiber or for draft labor, such as horses, swine, sheep, goats, llamas, chickens, geese, ducks, turkeys, and cattle. FARM ANIMALS shall also include any breed of animal which is not customarily kept within a dwelling unit, or which is customarily raised for commercial profit or slaughter.
      KEEPING. Housing or storage; the same shall not be limited to permanent housing or storage, but shall also include temporary housing or storage for any purpose within the village.
      WILD ANIMAL. Any undomesticated or domesticated animal which is indigenous to the lower peninsula of the state, including bears, deer, squirrels, skunks, opossums, woodchucks, raccoons, wolves, and foxes, or any hybridization, regardless of the degree of mix of the aforementioned types of animals.
(Prior Code, § 94.02) (Ord. 43, passed 4-15-2003; Ord. passed 3-12-2019) Penalty, see § 94.99