(A) Permit required. In order to harbor chickens within town limits, an owner must obtain a permit from the Town Manager. The following requirements must be met in order to obtain a permit:
(1) The owner must pay $25 annually to maintain his or her permit;
(2) The Town Manager or Animal Control Officer may choose to inspect a henhouse, chicken tractor, or enclosed chicken pen of a permittee in response to a complaint or open and obvious violation of this section. The Town Manager or Animal Control Officer has the discretion to require a visit to a qualified veterinarian upon inspection. If the Town Manager or Animal Control Officer determines that the henhouse, chicken tractor, or enclosed chicken pen is unsanitary or has an unsatisfactory feces/debris buildup, the owner will have two weeks to bring his or her structure into compliance. If the owner is unable to bring his or her structure into compliance, the owner will be in violation of this section and assigned a penalty pursuant to § 93.99 below; and
(3) A permit may be revoked as outlined in § 93.99 below.
(B) Limit. It shall be unlawful for any person to keep more than six female chickens within the corporate limits of the town. If it is discovered that an owner has more than six female chickens, the owner will be given two weeks to comply with this section. If the owner does not comply with this section within two weeks, the owner will be assigned a penalty pursuant to § 93.99 below.
(C) No running at large. It shall be unlawful for any person to permit any female chicken to be at large in the town.
(D) Enclosure specifications. Female chickens must be confined within an enclosed chicken pen, henhouse or a chicken tractor as follows:
(1) During daylight hours, female chickens must be kept in an enclosed chicken pen. Female chickens must be confined and quartered within a henhouse or a chicken tractor during non-daylight hours;
(2) Henhouses and chicken tractors must be fully enclosed and must be well ventilated;
(3) Henhouses and chicken tractors must have a minimum of four square feet of living space per bird; and
(4) Female chickens must be kept at a minimum of ten feet from the dwelling house of another person in the rear yard.
(E) Setback requirements. Any enclosed chicken pen, henhouse, or chicken tractor must be at least ten feet from any residence. Also, any enclosed chicken pen, henhouse, or chicken tractor must have at least four square feet per chicken inside of the dwelling and must have eight to ten square feet per chicken in any outdoor enclosure.
(F) Sanitation. All henhouses, chicken tractors, and enclosed chicken pens must be maintained in a clean and sanitary condition at all times. Waste shall not be permitted to accumulate and shall be removed and disposed of in a sanitary and lawful manner. If the Town Manager or Animal Control Officer receives a complaint about the appearance or condition of any chicken dwelling, an owner's permit may be revoked.
(G) Noise. No owner shall be allowed to maintain noisy female chickens that disturb the use and quiet enjoyment of property. If a noise complaint is received regarding noise of female chickens, it constitutes a public nuisance. An owner shall abate such nuisance within two days of notification from the Town Manager or Animal Control Officer. If the nuisance is not abated, an owner's permit may be revoked.
(H) Non-commercial use only. It shall be unlawful to raise female chickens for commercial purposes within the corporate limits of the town. The use of chickens for chicken breeding and fertilizer production is specifically prohibited.
(I) Roosters. No person, corporation or entity may cause, suffer or permit roosters to be kept on any property situated within the corporate limits of the town. Roosters are considered livestock and are specifically prohibited within town limits pursuant to § 93.01. If it is discovered that a rooster exists within town limits, the owner will be given two weeks to remove the rooster and comply with this section. If the owner docs not comply with this section within two weeks, the owner will be assigned a penalty pursuant to § 93.99 below.
(J) Zoning. Female chickens will only be permitted in the RA, Residential Agriculture, or RS, Residential Suburban, Districts.
(Ord. O-2020-01, passed 5-5-2020; Ord. O-2021-01, passed 3-2-2021)