[Ord. 2017-451 § 1
(part); Ord. 2017-46 § 1
(part)]
A member of the subspecies Gallus gallus domesticus, a domesticated
fowl.
An enclosed, fenced area exclusively devoted to raising chickens.
[Ord. 2017-451 § 1
(part]
A lightweight portable chicken coop without a solid floor
that allows the chickens to forage for weeds and insects.
A hen house or chicken coop is a structure where female chickens
are kept.
An applicant who has been granted a permit to raise, harbor,
or keep chickens pursuant to this chapter. If the applicant does not
own the property where the chickens are to be kept, the owner of the
property must be the joint permittee.
The City Administrator or designee.
A chicken kept on a permitted tract of land pursuant to a
permit issued under this chapter.
[Ord. 2017-451 § 1
(part); Ord. 2017-46 § 1
(part)]
No person shall raise, harbor or keep chickens within the City
of Davenport without a valid permit obtained from the permitting officer
under the provisions of this chapter.
[Ord. 2017-451 § 1
(part); Ord. 2017-46 § 1
(part)]
In order to obtain a permit, an applicant shall submit a completed
application on forms provided by the permitting officer, either on-line
or in paper form, and pay all fees required by this chapter.
[Ord. 2017-451 § 1
(part); Ord. 2017-46 § 1
(part)]
The requirements to receive a permit include:
A.
All requirements of this chapter are met.
B.
All fees, as may be provided for from time to time by City Council
resolution, for the permit are paid in full.
C.
All amounts owed to the City, including but not limited to liens,
fines and judgments must be paid in full.
D.
The tract of land to be permitted shall contain only one single family
dwelling occupied and used as such by the permittee. Owner permission
shall be required if the single family dwelling is occupied by someone
other than the owner.
E.
The applicant has successfully completed an approved class in raising
chickens in an urban setting. A certificate, or other documentation,
of completion shall be provided to the permitting officer. The permitting
officer shall maintain a current list of such approved classes.
[Ord. 2017-451 § 1
(part); Ord. 2017-46 § 1
(part)]
If the permitting officer concludes as a result of the information
contained in the application that the requirements for a permit have
been met, then the officer shall issue the permit.
[Ord. 2017-451 § 1
(part); Ord. 2017-46 § 1
(part)]
The permitting officer may deny, suspend, revoke, or decline
to renew any permit issued for any of the following grounds:
A.
False statements on any application or other information or report
required by this section to be given by the applicant;
B.
Failure to pay any application, penalty, reinspection or reinstatement
fee required by this section or City Council resolution;
C.
Failure to correct deficiencies noted in notices of violation in
the time specified in the notice;
D.
Failure to comply with the provisions of an approved mitigation/remediation
plan by the permitting officer, or designee.
E.
Failure to comply with any provision of this chapter.
F.
Notification. A decision to revoke, suspend, deny, or not renew a
permit shall be in writing, delivered by ordinary mail or in person
to the address indicated on the application. The notification shall
specify reasons for the action.
G.
Effect of Denial or Revocation. When an application for a permit
is denied, or when a permit is revoked, the applicant may not re-apply
for a new permit for a period of one year from the date of the denial
or revocation.
H.
Appeals. No permit may be denied, suspended, revoked, or not renewed
without notice and an opportunity to be heard is given the applicant
or holder of the permit. Said hearings shall be conducted in accordance
with Chapter 2.86 of the Davenport Municipal Code. In any instance
where the permitting officer has denied, revoked, suspended, or not
renewed a permit, the applicant or holder of urban chicken may appeal
the decision to the permitting officer within 10 business days of
receipt by the applicant or holder of the permit of the notice of
the decision. The applicant or holder of the permit will be given
an opportunity for a hearing. The decision of the permitting officer
which is not appealed in accordance to this chapter shall be deemed
final action.
[Ord. 2017-451 § 1
(part); Ord. 2017-46 § 1
(part)]
Only a maximum of six female chickens (hens) are allowed for
each tract of land.
[12-4-2019 by Ord. No. 2019-530; Ord. 2017-451 § 1 (part); Ord. 2017-46 § 1 (part)]
Permits may be granted for tracts of land with a single-family
dwelling, as defined by Title 17 of the Davenport Municipal Code,
being the principal use.
[Ord. No. 2017-451 § 1
(part); Ord. 2017-46 § 1
(part)]
Chicken breeding or fertilizer production for commercial purposes
is prohibited.
[Ord. 2017-451 § 1
(part); Ord. 2017-46 § 1
(part)]
A.
Chickens shall be kept in an enclosure or fenced area at all times.
Chickens shall be secured within a henhouse or chicken tractor during
non-daylight hours. Chickens shall not be allowed in the front yard
at any time.
B.
Enclosures shall be kept in a clean, dry, odor-free, neat and sanitary
condition at all times.
C.
Henhouses shall provide adequate ventilation and adequate sun and
shade and shall be impermeable to rodents, wild birds and predators,
including dogs and cats.
D.
Henhouses and chicken tractors.
1.
Henhouses shall be designed to provide safe and healthy living conditions
for the chickens with a minimum area of four square feet per bird
while minimizing adverse impacts to other residents in the neighborhood.
2.
A henhouse shall be enclosed on all sides and shall have a roof and
doors. Access doors shall be able to be shut and locked at night.
Opening windows and vents shall be covered with predator and bird
proof wire of one inch or smaller openings.
3.
The materials used in making a henhouse shall be uniform for each
element of the structure such that the walls are made of the same
material, the roof has the same shingles or other covering, and any
windows or openings are constructed using the same materials. Construction
of henhouses and chicken tractors shall be done in a good workmanlike
manner. The use of scrap, waste board, sheet metal, or similar materials
is prohibited. Henhouses and chicken tractors shall be well maintained.
4.
Henhouses shall only be located in the rear yard unless the setback
requirements cannot be met in which case they may be kept in a side
yard but within the required setbacks.
5.
Henhouses, chicken runs and chicken tractors shall be located at
least 10 feet from the property line and at least 25 feet from any
principal structure, and shall meet all other accessory structure
provisions of the Zoning Ordinance.
[Ord. 2017-451 § 1
(part); Ord. 2017-46 § 1
(part)]
Odors and/or noise from chickens, chicken manure or other chicken
related substances shall not be perceptible to persons of reasonable
sensitivity beyond the boundaries of the permitted tract of land.
[Ord. 2017-451 § 1
(part); Ord. 2017-46 § 1
(part)]
The permittee shall take necessary action to reduce the attraction
of predators and rodents and the potential infestation of insects
and parasites. Chickens found to be infested with insects and parasites
that may result in unhealthy conditions to human habitation may be
removed by an authorized authority.
[Ord. 2017-451 § 1
(part); Ord. 2017-46 § 1
(part)]
Chickens shall be provided with access to feed and clean water
at all times. The feed and water shall be unavailable to rodents,
wild birds and predators.
[Ord. 2017-451 § 1
(part); Ord. 2017-46 § 1
(part)]
All stored manure shall be covered by a fully enclosed structure
with a roof or lid over the entire structure. No more than three cubic
feet of manure shall be stored on the permitted tract of land. All
other manure not used for composting or fertilizing shall be removed.
The henhouse, chicken tractor, and surrounding area shall be kept
free from trash and accumulated droppings.
Uneaten feed shall be removed in a timely manner.
[Ord. 2017-451 § 1
(part); Ord. 2017-46 § 1
(part)]
The permittee shall not allow his or her chickens to roam off
the permitted tract of land. No dog or cat or other domesticated animal
which kills a chicken off the permitted tract of land will, for that
reason alone, be considered a dangerous or aggressive animal or the
City's responsibility to enforce its animal control provisions.
[Ord. 2017-451 § 1
(part); Ord. 2017-46 § 1
(part)]
A.
It shall be unlawful for any person to keep chickens in violation
of any provision of this chapter or any other provision of the City
Code.
B.
It shall be unlawful for any owner, renter or leaseholder of property
to allow chickens to be kept on the property in violation of the provisions
of this chapter.
C.
No person shall keep chickens inside a dwelling unit or any other
structure than an approved henhouse or chicken tractor.
D.
No person shall slaughter any chickens within the City of Davenport
outside of legally operating poultry production facilities.
E.
No person shall keep a rooster.
F.
No person shall keep chickens on a vacant or uninhabited tract of
land.
G.
It shall be unlawful to dispose of any chicken carcass other than
in accordance of Chapter 8.08.090 of the Davenport Municipal Code.
[Ord. 2017-451 § 1
(part); Ord. 2017-46 § 1
(part)]
The City may utilize outside resources and volunteers in efforts
to educate and train potential permit holders on the proper keeping
of urban chickens in the City of Davenport.
[Ord. 2017-451 § 1
(part); Ord. 2017-46 § 1
(part)]
Any violation of the terms of this chapter that constitutes
a health hazard or that interferes with the use or enjoyment of neighboring
property is a nuisance and may be abated under the general nuisance
abatement provisions of Chapter 8.12 of the Davenport Municipal Code
(Nuisances).
