§ 91.22 ACREAGE REQUIREMENTS.
   (A)   (1)    Any person desiring to keep any of the following named domestic animals or fowl, except chickens, in the Town must have a minimum of five contiguous acres of land in the Town, upon which the animals would be kept and which acreage must be fenced to confine such animals:
         (a)    Cows, oxen, cattle, calves or other livestock;
         (b)   Donkeys, asses, burros, mules;
         (c)   Sheep;
         (d)   Goats;
         (e)   Roosters, geese, turkeys, ducks or other fowl, except racing or homing pigeons;
         (f)   Bees; and
         (g)   Horses.
      (2)   The maximum number of such animals that may be maintained on such property shall be determined in light of current animal husbandry and veterinary standards.
   (B)   In no event shall the shelter and feeding station for any of the animals or fowl designated in division (A) above be closer than 50 feet from the adjoining property line, except for chickens for whom the shelter and feeding station shall be no closer than ten feet from the adjoining property line.
   (C)   Nothing in this section shall be deemed or construed to prohibit the keeping of bees in a hive, stand or box located or kept within a zoological park, school or university building for the purpose of study or observation, as long as the public safety is ensured.
   (D)   Any person desiring to raise rabbits or pets or racing or homing pigeons within the Town must keep such animals and birds in safe and sanitary conditions so that a public nuisance, as defined herein, is not created.
   (E)   The following provisions are for the keeping and raising of chickens.
      (1)   The term “chicken” does not include peacocks, turkeys, water fowl, or any other animal contained within the definition of fowl.
      (2)   No roosters (male chickens) shall be kept.
      (3)   There shall be no more than four chickens on any parcel of land less than one acre in size, and no more than 12 chickens on any parcel of land regardless of the size of the parcel. Additionally, no chickens shall be allowed unless all surrounding neighbors and lot owners (as hereinafter defined) agree in writing to the presence of the chickens. SURROUNDING NEIGHBORS include any parcel of real estate immediately adjacent to the parcel where the chickens will be housed, or any parcel immediately and directly across a road or other manner of public conveyance from the parcel where the chickens will be housed.
      (4)   Chickens must be completely and securely enclosed and under the control of the owner and on the owner’s property at all times.
      (5)   A CHICKEN COOP, an enclosed structure for harboring chickens that provides shelter from the elements, shall be provided. The chicken coop must provide adequate sun, shade and ventilation, and must be impermeable to rodents, wild birds, predators (including cats and dogs), and the like. Only one such structure shall be permitted on any parcel of land.
      (6)   The chicken coop, chicken pens, and surrounding areas shall be kept clean, dry, odor free, and in a neat and sanitary condition at all times.
      (7)   Chickens and chicken coops shall be confined to the rear yard of the property.
      (8)   All feed for chickens shall be stored in containers so as to protect against intrusion by rodents and vermin.
      (9)   Any chickens kept in accordance with the provisions of this code shall be for noncommercial, personal use only. Eggs and chicken manure shall not be sold. There shall be no butchering of chickens on the premises.
(2005 Code, § 71.09) (Ord. 1992-04, passed 10-19-1992; Ord. 2021-7, passed 1-24-2022)