[Ord. No. 3820 §1, 8-23-2012]
A.
The
keeping of chickens shall be allowed on all lots zoned for residential
use detached single-family under the following conditions. None shall
be allowed in multi-family complexes including condos and duplexes.
[Ord. No. 4037 § 1, 4-28-2016]
1.
Permits and fees.
a.
No chickens may be maintained on lots zoned for detached single
family residential use unless a permit is issued. The City will issue
permits in the month of January. Upon application submitted with a
ten dollar ($10.00) application fee per household, City may issue
a one (1) year permit if, after inspection, it is found that location
facilities provided or proposed comply with all regulations as set
out in this Article. If the original application is made in any month
other than January, the fee shall be prorated for the number of months
remaining in the permit cycle at the rate of eighty-four cents ($0.84)
per month. There shall be no partial month proration.
b.
Annual renewal, the payment of a ten dollar ($10.00) fee and
an inspection if required. If a permit is not renewed, the owner must
remove any chickens from their premises. Failure to do so shall be
considered a violation of this Section.
2.
Number of chickens allowed.
3.
Enclosure/containment requirements.
a.
Chickens may not be permitted to "run at large".
b.
Chickens may not be kept inside the habitable areas of the dwelling.
However, a coop may be kept inside a garage (finished or unfinished),
unfinished or non-habitable areas in basement or cellars and non-habitable
accessory structures.
c.
A coop must be provided with minimum square footage of three (3)
square feet per bird and must be at least thirty (30) inches above
the surface of the ground and made of a wire mesh material which will
permit the droppings to fall upon the ground. The coop shall be freestanding;
be easily accessible for cleaning and maintenance; be enclosed on
all sides with a roof and doors; have doors that are able to be shut
and locked; have all opening windows and vents covered with predator
and bird-proof one-quarter (¼) inch hardware cloth wire fencing;
and be well maintained.
d.
Outdoor (not in garage, basement, cellar or accessory structure)
pen/run must be provided with a minimum square footage of ten (10)
square feet per bird. The pen/run enclosure must consist of sturdy
wire fencing. Pen/run may not be located in front or side yards.
[Ord. No. 4127, 10-12-2017]
e.
Coop and pen must be made of materials that are new or in good condition
and adequate to serve the function for which they are being used.
Pictures or specifications of coop and outdoor pen with dimensions
for width, length and height must be submitted with the application.
Design and construction of coop is to be reviewed and approved by
City staff.
f.
Coop and outdoor pen/run must be kept in a neat and sanitary condition
at all times, and must be cleaned regularly so as to prevent offensive
odors, insects and disease and treated with a standard disinfectant
at least three (3) times yearly and once each of the months of March,
July and October.
4.
Distance regulations.
a.
Outdoor pen/run must be situated a minimum of ten (10) feet from
the property line, thirty (30) feet from any residence or living quarters,
a church, school or place of business on adjacent property, and twenty
(20) feet from the residence on the subject property.
b.
Prior to receiving a permit, the applicant must show proof of notice
to all adjacent landowners, except landowners that are municipalities
or utilities. Approval by adjacent landowners is not a necessary condition
for a permit to be issued.
c.
A scaled drawing of the site showing the dimensions of the property,
the location of existing structures, the location of the coop and
run, the distance between existing and new structures, and distance
from buildings on adjacent properties must be submitted with the application.
5.
Nuisances. It shall be unlawful for any person owning
chickens to:
a.
Allow the animal to give forth or cause any loud or unusual noise
that can be heard by the human ear beyond the bounds of the person's
property;
b.
Cause any ill-smelling, nauseous or obnoxious odors;
c.
Allow the accumulation of waste or refuse;
d.
Discharge stagnant or foul waste, water or liquids of any kind upon
any public or private property;
e.
Place, cause, keep, maintain or permit decaying vegetable or animal
matter, noxious or filthy substances, or any kind of waste materials
upon public or private property in such manner and to such extent
as to render the same unsightly, unclean or unsafe.
6.
Permit revocation. If conditions that violate this Article are discovered, the person causing or allowing the condition to exist shall be cited by the City and ordered to cure, remedy and entirely alleviate the conditions within ten (10) days after service of the citation. Failure to remedy the conditions within the specified time shall cause the immediate revocation of the permit. Permits may also be revoked without notice any time the City determines than an infectious avian agent of potentially significant co-pathogenicity is identified such that the health of the citizens may be compromised. If three (3) or more citations are issued in any twelve (12) month period to any owner, keeper or custodian of chickens or related structures, the permit may be revoked. When a permit is revoked, the chickens must be disposed of or removed from the City as soon as possible, but no later than fourteen (14) days after notice is served. Section 215.265 of the Code shall apply to any person who fails to maintain chickens without a valid permit.
7.
Slaughtering. Chickens shall not be raised for slaughtering.
However, occasional slaughtering of chickens is permissible so long
as it is not visible from any property other than the premises where
the chickens are kept. Violation of this regulation may lead to immediate
cancellation of the owner's permit without notice.
8.
Miscellaneous.
a.
Chickens may not be bred or maintained for commercial purposes nor
may their by-products be sold.
b.
Chicken feed must be kept in sealed containers that are water-proof
and rodent-proof. After feeding, leftover food shall not be allowed
to remain where it is accessible to wildlife, rodents and reptiles.
c.
Chicken waste shall be promptly removed and disposed of in a sanitary
manner. Manure may be composed in an enclosed container.
d.
Chickens currently kept shall not be "grandfathered" or permitted
to remain in violation of these regulations after the effective date
of this Article; however, owners of chickens will have ninety (90)
days from the effective date of this Article to come into compliance.
e.
Property owners who believe that the City staff erred in the application
of this Article may appeal the staff decision to the Board of Aldermen.
The Board will limit its consideration to whether the decision is
a violation of the intent of this Article.
f.
All places where chickens are kept shall at all times be subject
to inspection by the City for cleanliness, health and sanitation purposes.
If violations exist, written notice to take corrective action shall
be delivered to the owner, keeper or custodian of any chickens or
related structures.
