[HISTORY: Adopted by the Town Board of the Town of Moreau 4-14-2015 by L.L. No. 2-2015. Amendments noted where applicable.]
The Town Board of the Town of Moreau recognizes that the keeping of chickens can be a safe, productive, nondisruptive practice, provided that such animals are properly cared for in a clean, structurally sound environment, kept in appropriate numbers, and maintained at a reasonable noise level, with food sources properly contained and managed to avoid odors or the attraction of wildlife or vermin. Accordingly, the Town of Moreau hereby enacts a local law to regulate the keeping of chickens on residential properties with less than five acres within the Town's residential zoning districts, R-1, R-2, R-3, R-4, R-5, UR and RP (hereinafter referred to as "Residential Zoning Districts") so as to ensure that these animals are kept and maintained in a manner that protects the Town and its residents from nuisances associated with their keeping. This article shall not apply to any lots located in any of the Residential Zoning Districts which are five or more acres in size. Any such lots will be permitted chickens without the requirement of obtaining a permit or be subject to the regulations contained in this article.
It shall be lawful for any person to keep, permit or allow any chickens in the Residential Zoning Districts under the following terms and conditions and after having received a permit to keep said chickens from the Building Department as prescribed herein:
No person shall keep, maintain, house or possess more than six chickens.
No chickens shall be allowed in multifamily complexes without the expressed written consent of the owner of the building and all tenants residing in the building other than the applicant.
No roosters shall be allowed.
All pens, coops or houses maintained for the keeping of chickens shall comply with the rear and side yard setback requirements set forth in the Schedule of Uses contained in Chapter 149 herein for the respective Residential Zoning District.
No property may have more than one enclosure for the keeping of chickens.
All pens, coops or houses shall be limited to the rear yard as such is defined in Chapter 149 herein.
All enclosures shall be constructed and maintained in such a manner as will safely and securely house chickens and shall be kept free of rodent infestation at all times.
Pens, coops or houses shall be suitably screened from the view of surrounding residences and surrounding streets by a fence or by shrubs, unless said pen, coop or house is located in such a manner as not to be visible from the surrounding residences and streets.
All feed and other materials associated with the keeping of chickens shall be protected in a container with a tightly fitted lid so as to prevent the attraction of rodents or other pests.
There shall be no less than two square feet of floor space per chicken in any pen, coop or house in which such chickens are kept. The pen, coop or house shall be large enough to provide adequate access for cleaning and egg collecting.
There shall be no less than 10 square feet per chicken in any chicken run.
Chickens shall be confined at all times to the property on which they are kept, possessed or maintained.
Chickens shall be provided with adequate food and water at all times.
Any chickens maintained, housed or possessed and all eggs produced from said chickens shall be for the sole use and consumption of the homeowner or tenant in possession and shall not be offered for resale. No person shall engage in chicken breeding or fertilizer production for commercial purposes.
Any person wishing to keep chickens pursuant to this article shall first obtain a permit from the Town Building Department and pay a fee, as set forth in the Town's fee schedule. The permit application shall be on such forms as are provided by the Building Department. The written consent of the owner(s) of the subject real property shall be required for any application made by a person other than the property owner(s).
Persons keeping chickens on their property in the Residential Zoning Districts as of the date of the adoption of this local law shall have 30 days in which to apply for and obtain a permit.
Any violation of this section will result in a written warning by the Building Inspector/Code Enforcement Officer, with two weeks to correct the violation. Any person who fails to correct a violation of this section following issuance of a written warning shall be issued a written notice by the Building Inspector/Code Enforcement Officer requiring the removal of all chickens and related infrastructure from the subject property within two weeks' time. Failure to remove the chickens and related infrastructure within the two-week period pursuant to a removal notice shall constitute a violation of this section, with subsequent violations accruing every day thereafter until the violation is remedied. It shall not be necessary for the Building Inspector/Code Enforcement Officer to issue a written removal notice for each subsequent day for the days to constitute a subsequent violation. The initial notice of violation pursuant to this section shall, upon conviction, be punishable by a fine of $50. Any subsequent violation of this section unrelated to the initial notice shall, upon conviction, be punishable by a fine not exceeding $250 per violation.
Notwithstanding Subsection A, the Building Inspector/Code Enforcement Officer may revoke immediately any permit granted pursuant to this section if the Building Inspector/Code Enforcement Officer determines that the keeping of chickens on the subject property in its then-existing condition presents a nuisance for neighboring properties and/or an unreasonable risk to the health, safety and general welfare of the surrounding neighborhood.
If any provision of this article or the application thereof to any person or circumstance is held invalid, the remainder of this chapter and the application of such provisions to other persons and circumstances shall not be rendered invalid thereby.
This article shall take effect immediately upon filing with the Secretary of State.