Except as provided in this subchapter it shall be unlawful for any person to harbor chickens in all zone areas. Exceptions areas zoned A. Persons wishing to harbor a chicken flock in an area zoned R-l shall obtain both a waiver and a permit. Permits shall not be issued in all other zoned areas other than R-l.
(A) Waiver. All persons wishing to harbor a chicken flock shall obtain written waivers by all owners of adjacent lots indicating that the owner does not oppose the harboring of chicken flocks at the applicant's address and therefore waives the prohibition of this chapter. An adjacent lot is one whose boundary line touches the boundary line of applicant's lot, or is separated from the applicant's lot only by an intervening alley or other right-of-way, but does not include lots with an intervening right-of-way classified as a neighborhood street or higher on the town's master thoroughfare plan. All waivers shall be in a form provided by the town.
(1) Where an applicant receives waivers from all owners of all adjacent lots and complies with all other requirements of this subchapter for chicken flocks, the applicant shall be permitted to replenish the chicken flock upon the death or loss of any chicken;
(2) An applicant who harbored chickens on May 1, 2014 may obtain a permit pursuant to division (B)(5) of this section without obtaining waivers hereunder, and the applicant will thereby be permitted to retain a chicken flock but shall not replace any chicken upon its death or loss. Should such applicant subsequently obtain waivers from all owners of all adjacent lots, then this class of harborers shall be allowed to replenish his or her flock pursuant to division (A)(1) about; and
(3) The written waiver as provided in division (A) of this section is effective when it is filed with the Town of Sellersburg Commissioner of Buildings and Code Enforcement and shall expire five years from its effective date.
(B) Permit.
(1) Applications for a permit to harbor a chicken flock shall be made by the owner of the property to the Town of Sellersburg Commission of Building and Code Enforcement and shall include:
(a) The name, address, and telephone number of the applicant;
(b) The description (breed, sex, age and coloration) of each chicken in the chicken flock;
(c) The address where the chicken flock is to be harbored, and the zoning district in which such address is located (which must be a district listed in division (4) of the definition of "chicken flock" of this subchapter); and
(d) A statement indication whether the applicant has ever been convicted of the offense of cruelty to animals.
(2) The permit to harbor chicken flock shall not be transferable to another person or to another location;
(3) No applicant shall harbor more than one chicken flock within the town;
(4) If the applicant withholds or falsifies any information on the permit application, no permit shall be issued and any permit previously issued on false or withheld information shall be revoked;
(5) An application for a permit shall be made prior to the harboring of any chickens or the creation of any chicken flock, except where the applicant harbored chickens on May 1, 2013 in which case the harborer shall submit an application for a permit no later than 90 days after the effective date of the ordinance codified in this chapter. Where the applicant harbored chickens on May 1, 2013, the applicant must reduce his or her flock to no more than five hens and no roosters, and comply with all other requirements of this subchapter pertaining to chicken flocks within 90 days from the effective date of the ordinance codified in this chapter. A person who harbored chickens on May 1, 2013 but fails to apply for a permit within this timeline shall have not entitlement to continue to harbor any chicken unless and until such person meets all requirements of this section for this section for chicken flocks and obtains a permit for same;
(6) All permits shall be conditioned upon a passing inspection by the Town of Sellersburg Commission of Buildings and Code Enforcement or their designees and compliance with this chapter; and
(7) The Town of Sellersburg Commission of Buildings and Code Enforcement may refuse to grant or renew a permit and may revoke a permit if applicant/harborer is unable to maintain his or her flock so as to not create a nuisance, as evidenced by three substantiated violations of this chapter within 12 consecutive months.
(C) No person previously convicted of cruelty to animals or the equivalent shall be registered or issued a permit without prior review by the Animal Control Commission.
(Ord. 2014-010, passed 5-12-14)