(A) Title. This section shall be known as the “Chicken Raising or Harboring Ordinance” of the town.
(B) Chicken Raising or harboring permit required.
(1) Except as permitted in division (2) below, it shall be unlawful for any person to keep, maintain, possess, or harbor on any property within the town any chickens, unless a chicken raising or harboring permit therefor has been issued by the Town Manager. Such permit is required to be renewed annually. A fee shall be assessed for each new and renewal permit application.
(2) A permit is required for the keeping of up to 12 chickens on any real estate. Such permit shall allow the keeping of the chickens on a specific property and shall be personal to the permit holder and is non-transferable. A fee shall be charged for each new permit. The following requirements must be met:
(a) There must be at least four square feet per chicken of permeable land area available for chickens plus adequate enclosed shelter space for all chickens.
(b) Adequate shelter must be provided to protect the chickens from the elements and to prevent wildlife or other predators from gaining entry.
(c) Adequate fencing shall be provided to prevent the chickens from escaping when not in their shelters. The outside pen shall be completely enclosed with wire or other covering.
(d) At any one time, only one chicken harbor or pen is permitted on any property.
(e) No roosters may be kept on any property.
(C) Nuisance-free facilities prerequisite to granting. A permit to keep chickens within the town shall not be granted unless the owner or possessor provides facilities which will reasonably assure the Town Manager that the premises will be maintained in a sanitary condition, free from insect and rodents, offensive odors, excessive noise, or any other conditions which constitute a public nuisance.
(D) Denial or revocation. The Town Manager or designated code enforcer may deny or revoke a permit to keep, maintain, or possess chickens within the town if the Town Manager determines that any nuisance exists or any law is being violated or if the Town Manager finds that maintenance of any chickens interferes with the reasonable and comfortable use and enjoyment of property; provided, however, that the person being aggrieved by such denial or revocation can, within ten days thereafter, appeal the decision of the Town Manager to the Town Council.
(E) Permit fee. The annual permit fee for the permit herein shall be $5. The Town Manager or designated Code Enforcer shall prepare proper forms as necessary to implement this section.
(F) Violations.
(1) After a permit is issued, the first violation of any provision of this section is a written warning with explicit written instructions for abatement and a time requirement not to exceed five days. The second violation is a $100 fine. The third violation results in a revocation of the permit. The form or application for a permit shall alert applicants to the penalties; provided, however, the $100 fine shall apply for those harboring chickens without any permit.
(2) Each day of violation is considered a separate violation. This section may also be enforced by injunctive relief. The town may recover attorney fees for any court action taken herein against a violator. If a violation occurs on any real estate, the titleholder and/or any other occupying party are jointly liable for penalties or fees herein.
('92 Code, § 90.01) (Ord. 2, passed 4-12-10; Am. Ord. 15-03, passed 9-8-15) Penalty, see § 10.99