§ 92.02  KEEPING CERTAIN ANIMALS AND FOWL PROHIBITED; EXCEPTIONS.
   (A)   It shall be unlawful for any person to keep or maintain, or permit to be kept or maintained, in the city horses, mules, donkeys, goats, cows, roosters, turkeys, pigeons, ducks, geese, or other such similar animals or fowl within the city.
   (B)   It shall be unlawful for any person to keep, house or maintain more than three canine or feline animals on any premises, lot, plot or parcel of land within the city, except in a duly licensed pet shop or licensed veterinary hospital.  Any more than three of such canine or feline animals, or combination of canine and feline animals, shall constitute a kennel, and kennels are not permitted in the city, except in the M-1 Zone subject to approval of a conditional use permit.
   (C)   Hens. It shall be unlawful for any person to keep or maintain, or permit to be kept or maintained, hens within the city except as provided below.
      (1)   Number. A maximum of 15 hens, including chicks, may be kept on a parcel in the R-1 Zone.
      (2)   Enclosure. Hens shall be located within an enclosure and not be allowed to roam at large.
         (a)   Location. The enclosure shall be located in the rear yard in accordance with the following setbacks:
            1.   Forty feet from any dwelling house or structure used as a dwelling house unless it is occupied by the owner of the hens or chicks.
            2.   Fifty feet from the front property line.
            3.   Twenty-five feet from the street side property line on corner lots.
            4.   Fifteen feet from interior side property lines.
            5.   Fifteen feet from rear property lines, except where the rear of the property abuts a public alley. In such case, the enclosure may be kept up to the rear property line.
         (b)   Coop area. The enclosure shall include a minimum of ten square feet of coop area for each hen or chick. The coop shall be covered and predator resistant and designed to allow for ventilation and ease of cleaning per agricultural standards.
      (3)   Clean/sanitary conditions. Every person owning or occupying premises where any hens or chicks are kept shall keep the enclosure in which the hen is kept in a clean and sanitary condition. The enclosure shall be cleaned daily. Feed shall be stored in a location that is not accessible by pests, rodents or predators.
      (4)   Dyeing/coloring. It shall be unlawful for any person to dye, color or otherwise artificially treat any baby chick.
      (5)   Displaying/selling. It shall be unlawful to display, sell, offer for sale, barter or give away hens, chicks or eggs as a pet or for any commercial purpose to customers who come to the property. Advertisements on the property are also prohibited.
      (6)   Noise. It is declared a nuisance, and no person shall keep, maintain or permit any hens or chicks, which by any sound, or cry, shall interfere with the comfortable enjoyment of life or property by an individual.
      (7)   Slaughtering. No person shall willfully slaughter or cause to be slaughtered any hens or chicks.
      (8)   Permits. The property owner shall obtain plumbing and electrical permits for any such fixtures servicing the coop. A building permit is required for any coop more than 120 square feet in size.
      (9)   Inspections. Community Development Department staff may conduct an inspection every six months to ensure compliance with the above conditions. The city may charge a fee for inspections in an amount established by the City Council, from time to time, by resolution.
   (D)   Modifications. The Council may modify any of the requirements of this section upon making a finding that any of the requirements are unnecessary to protect the public health, safety and welfare, and, in making such modification, the Council may impose such conditions as it deems necessary for the protection of the public health, safety and welfare.  The Council, in its discretion, may conduct a public hearing with respect to any such proposed modification prior to the granting thereof and may prescribe such notice of the hearing as the Council deems necessary under the circumstances.
(‘65 Code, § 6-2.102)  (Ord. 459, passed  - - ; Am. Ord. 52-C.S., passed  - - ; Am. Ord. 274-C.S., passed  - - ; Am. Ord. 608-C.S., passed 5-10-14)  Penalty, see § 92.99