[Ord. No. 5189 §1, 12-5-2011]
A.
The
keeping of up to five (5) chickens in total shall be permitted as
provided in this Section only in single-family residences and only
if a permit has been issued by the City Manager or his or her designee.
A permit to keep not more than five (5) chickens shall be issued by
the City Manager or his or her designee if all of the following conditions
are satisfied:
1.
The chickens must be adequately confined within a coop or pen surrounded
by wire netting or other fence to prevent their escape therefrom and
kept in good repair and free of peeling paint, untreated or rotted
wood and rust;
2.
The pen shall be maintained in a ventilated, safe and sanitary condition,
which has adequate space for humane treatment and free from predators;
3.
Any manure or other waste from the chickens shall be collected and
properly removed from the premises or tilled into the soil on the
premises promptly and regularly to prevent the spreading of offensive
smells or diseases;
4.
Young roosters less than one (1) year old may also be kept as part
of the total of five (5), but the keeping of young roosters that crow
so as to be heard from a distance of ten (10) feet is strictly prohibited;
5.
No slaughtering of any chickens shall be allowed except within a
fully enclosed premise completely blocked from public view;
6.
No person shall keep chickens in any manner so as to create a nuisance
as defined in our ordinances;
7.
Eggs may not be sold on the premises;
8.
Chicken coops or pens must be at least forty (40) feet from any part
of a residential dwelling or place of business on adjoining properties;
9.
Chicken coops or pens must be set back at least twenty (20) feet
from any boundary or property line, or at least twenty-five percent
(25%) of width of the property;
10.
Chicken coops or pens may only be kept in a rear yard;
11.
Fighting or aggressive birds may be not kept;
12.
The keeping of chickens pursuant to a permit issued under this Section
shall also comply with all ordinances of the City;
13.
Nothing in this Section shall be deemed to preclude the enforcement
of any violation of any City ordinances committed in connection with
the keeping of chickens, notwithstanding the issuance of such permit;
and
14.
By applying for a permit under this Section the property owner authorizes
City Officials at all reasonable times and in a reasonable manner
to enter upon and inspect the property with respect to which such
permit is applied for to determine whether the keeping of chickens
violates this Section or any other applicable ordinances.
15.
The annual fee for a permit shall be twenty-five dollars ($25.00)
to help defray costs of inspection and enforcement, payable on issuance
of the permit and on January first (1st) of each year. After completion
of three (3) years with a permit and with no violations of this Section,
no annual fee shall be required so long as there are no violations
of this Section, and the permit shall remain in effect until revoked.
16.
The City Manager shall ensure that the permit owner acknowledges
in writing that the owner has been advised by the City:
a.
That the ordinance allowing chickens may be amended or repealed at
any time and that the owner acquires no vested rights to have or raise
chickens by virtue of the issuance of the permit; and
b.
That the keeping and handling of chickens may cause health hazards
and that adequate health precautions are the responsibility of the
owner.
17.
Upon written application, variances from the requirements of this
Section may be granted by the City Manager, or his or her designee,
if there are practical difficulties in compliance and proof of notice
of the variance application is sent to all adjoining property owners.
Requests for variances from the provisions of subparagraphs (8) and
(9) above shall be accompanied by a written consent by all adjacent
property owners directly affected by any encroachment.
[Ord. No. 5189 §1, 12-5-2011]
A.
The
City Manager or his or her designee shall revoke any permit issued
for the keeping of chickens for violation of any of the conditions
stated in this Chapter or if any of the following conditions are found
to exist:
B.
Actions To Be Taken.
1.
If a complaint is filed regarding a violation of any of the conditions
stated in this Chapter, or in the absence of a complaint in the discretion
of the City Manager or his or her designee, an investigation of any
potential violations shall be made by the City Manager or his or her
designee. If the investigation substantiates the existence of a violation
of such conditions, a letter shall be sent by regular mail to the
property owner notifying the property owner of such violation and
that same shall be corrected within not less than five (5) days and
that such property owner shall be responsible for notifying the City
Manager or his or her designee by certified mail, or other reasonable
methods approved by the City Manager, that such violations have been
corrected and seeking a re-inspection to verify that such violations
have been corrected. In the event the property owner shall fail to
notify the City Manager or his or her designee of such correction
within five (5) days or in the event that a re-inspection does not
verify such correction, the permit shall be revoked.
C.
Permit
revocations under this Section may be appealed as follows:
1.
Appeals must be filed within five (5) days after the revocation notice
is mailed by regular mail or other methods as designated by the City
Manager.
a.
Appeals shall be determined following a hearing before the City Manager
or his or her designee.
b.
At least five (5) business days' notice of the hearing shall be given
to the property owner by regular mail.
c.
The property owner and any other interested party may appear at the
hearing and testify and present evidence concerning the conditions
giving rise to the revocation.
D.
The
permittee shall provide the City with an electronic mail or messaging
address, if available, and the City may also send any notices to such
address, but the responsibility to receive such message shall be on
the permittee.
