(A) Applicability of regulations. The regulations set forth in this section shall apply to all hen chickens kept on properties other than those described in § 90.02.
(1) Up to eight domestic hen chickens may be kept on properties zoned and occupied for single- family residential use only.
(2) No roosters may be kept within the village, except as may be allowed under § 90.02.
(3) No person shall slaughter any chickens within the village limits, except for humane reasons.
(4) Hens shall be provided with a covered inside enclosure and an adjacent covered outside fenced area. The outside fenced area shall be no less than 32 square feet in area.
(5) Hen enclosures shall be set back:
(a) Thirty feet from any adjacent occupied residential structure, other than that of the owner of the hens; and
(b) In no instance less than the minimum property line setback required for accessory structures in the applicable zoning district.
(6) All enclosures shall be constructed and maintained in such a manner as to be free of rodent infestations at all times.
(7) A building permit shall be required for all enclosures. The permit fee shall be the same as that for a common garden shed.
(8) Electrical service to enclosures, if any, shall be provided by conduit, and not by extension cord or exposed cable such as Romex, NMB or UF.
(9) Hens shall be kept in the enclosure and fenced area at all times.
(10) All feed and other items that are associated with the keeping of hens that are likely to attract or to become infested with rats, mice or other rodents shall be protected in a container with a tightly fitted lid so as to prevent rodents from gaining access to or coming into contact with them.
(11) No person shall allow chickens to produce noise loud enough to disturb the peace of persons or reasonable sensitivity, and all such noise is hereby declared a nuisance and it shall be unlawful for any person to allow such a nuisance to exist.
(B) Registration and violations.
(1) All persons keeping chickens in the village shall register with the Community Development Director prior to acquiring the chickens. Registration shall be on a form the Director shall provide. Registration forms shall not be accepted until the enclosure has passed a final inspection by the Building Department.
(2) The registration form shall include written permission for any Building Department staff member or Community Service Officer to access the yards of the residence for the purpose of verifying compliance with these regulations from time to time. The form shall further acknowledge receipt of a copy of the standards set forth in division (A) of this section by the registrant.
(3) There shall be no fee charged for registration, although the enclosure may require a building permit and fee as described in division (A) of this section.
(4) Failure to notify the Community Development Director as required hereinabove shall constitute a violation of this Code.
(5) Violation of any standard set forth in division (A) of this section shall constitute a violation of this Code.
(6) Each day that a violation of any standard set forth in division (A) of this section shall constitute separate offenses.
(7) Three violations of this Code which occur on a property within any 12 month period shall result in the loss of permission to keep hens on the property.
(8) Keeping hens following loss of permission to keep hens shall constitute violations of this Code and shall subject the owner to double the fines otherwise applicable to violations of the regulations set forth in this section.
(C) Covenants and health code issues.
(1) Nothing in this section is intended to modify, supercede, subordinate to or otherwise affect any private covenants that may appertain to any property.
(2) Nothing in this section is intended to modify, supercede, subordinate to or otherwise affect any health code rules, regulations or orders which may be in effect under the Lake County Health Codes.
(D) Penalties.
(1) See § 39.07 for the schedule of fines applicable to this section.
(2) In addition to the fines so prescribed for violations, the village shall have the right to obtain injunctive relief, including temporary restraining orders and preliminary injunctions when a nuisance is permitted to exist and the property owner fails to promptly abate the same.
(3) In any injunction action, the village shall be entitled to an award of its attorney's fees and costs as a part of any judgment.
(Ord. 2015-O-1, passed 2-3-15)