(A) It is unlawful for any person or organization to keep any live animals of the hoofed variety within any residential zone in the city limits. Said hoofed animals shall include, but not be limited to, horses, cattle, sheep, pigs, and goats.
(B)
It is unlawful for any person or organization to keep any live, large fowl animals within any residential zone within the city limits. Such types of large fowl animals shall include, but not be limited to, ducks, geese, male chickens, and turkeys. This section shall not prohibit the keeping of small birds within bird cages, nor the raising of female chickens as outlined in division (C) below.
(C) Chickens.
(1) A citizen of the city may hereafter submit application to the City Clerk for a license to raise female chickens upon property within the city.
(a) The applicant shall meet all of the following criteria to raise female chickens within the city:
1. The applicant must provide either:
a. A copy of the deed showing ownership of the parcel of property on which they seek to raise female chickens, or
b. A lease, rental agreement, or letter from landowner authorizing the raising of female chickens.
(b) The applicant must provide a copy of the proposed chicken enclosure within which they seek to raise female chickens. The enclosure shall have minimum dimensions no smaller than 76 inches in length by 36 inches in width by 48 inches in height. The dimensions are the minimum interior size of the enclosure and not related to the exterior dimensions of the enclosure. The enclosure shall be located in the backyard of the property.
(c) The applicant's parcel of property must, from the exterior walls of the above proposed enclosure, maintain a minimum distance of 50 feet to the closest adjacent residential dwelling.
(d) The applicant must provide a plan for the collection and disposal of chicken excrement and other waste products. The plan must, at a minimum, comply with any and all applicable federal or commonwealth requirements for the sanitary disposal of the excrement and other waste products.
(2) Application and approval. The following criteria shall be observed during consideration of submitted applications:
(a) A completed application form shall be submitted to the City Clerk along with all supporting documentation;
(b) The City Clerk shall review all applications to ensure compliance with the criteria outlined in division (C)(1) above. The City Clerk may consult with any local, state, or federal environmental protection agencies, agricultural agencies, or humane societies for compliance with the criteria outlined in division (C)(1) above;
(c) A decision to approve or deny a request shall be made in writing to the applicant within 30 days after receipt of the submitted application and shall be signed by the Mayor; and
(d) If an application is approved for a license, the applicant shall be required to pay the costs of any and all required inspections. The applicant shall pay the costs prior to purchase and installation of the chicken enclosure.
(3) Installation and use.
(a) Upon receipt of both an approved application and payment of the fees and cost designated in divisions (C)(1) and (C)(2) of this section, the applicant may proceed with construction and/or installation of the proposed chicken enclosure.
(b) The license shall limit the number of adult female chickens to a maximum of six.
(c) Upon the introduction of live chickens, said enclosures are, at any time, subject to inspection by local, state, or federal health officials or animal control officers. Denial of a request to inspect shall result in the immediate revocation of the license.
(4) Appeals.
(a) If the City Clerk denies an application, the applicant shall have 30 days to file an appeal of the decision for consideration by the City Council. City Council shall review the application, all supporting documentation, and provide for the applicant to be heard at the first regularly scheduled meeting following receipt of the appeal unless circumstances require an alternative meeting time not to exceed 30 days after receipt of the appeal.
(Ord. 93-0603, passed 7-6-1993
; Ord. 21-0401, passed 5-6-2021
) Penalty, see § 90.99