[Adopted 2-28-1984 by Ord. No. 895 as
Art. I of Ch. 75 of the 1984 Code; amended in its entirety 7-27-1999 by Ord. No.
1125]
[Amended 1-26-2010 by Ord. No. 1231; 2-26-2013 by Ord. No. 1257]
Except as provided herein, no horses, calves,
cows, sheep, new world camelids, goats, bison, privately owned cervids,
ratites, equine, poultry, waterfowl, or fowl shall be kept within
the corporate limits of the City.
A.
Keeping
of chickens and ducks. Subject to the requirements stated herein,
a person may keep poultry and/or chickens or ducks as follows:
(1)
Any person who keeps chickens or ducks in the City of Roseville shall obtain a permit from the City prior to acquiring chickens or ducks. Any person who currently has chickens or ducks at the time this section becomes effective must comply with the regulations herein, and he/she is expressly not grandfathered. No permit shall be issued to a person by the City, and no chickens or ducks shall be allowed to be kept, unless the owners of all residentially zoned adjacent properties [as defined below in Subsection A(3)(j)] consent, in writing, to the permit and this consent is presented along with an application for a permit. Written statements waiving the distance requirement in Subsection A(3) below shall also be submitted at the time of the application and become a part of the permit if issued. Application shall be made to the Police Department, and the fee for the permit shall be as determined by Council resolution. Permits expire and become invalid three years after the date of issuance. A person who wishes to continue keeping chickens or ducks shall obtain a new permit on or before the expiration date of the previous permit. Application for a renewal permit shall be pursuant to the procedures and requirements that are applicable at the time the person applies for a renewal permit.
(2)
Notwithstanding
the issuance of a permit by the City, private restrictions on the
use of property shall remain enforceable and take precedence over
a permit. Private restrictions include but are not limited to deed
restrictions, condominium master deed restrictions, neighborhood association
bylaws, and covenant deeds. A permit issued to a person whose property
is subject to private restrictions that prohibit the keeping of chickens
or ducks is void. The interpretation and enforcement of the private
restriction is the sole responsibility of the private parties involved.
(3)
A person
who keeps or houses chickens or ducks on his or her property shall
comply with all of the following requirements:
(b)
Keep
no more than a total of four chickens or ducks, or any combination
thereof.
(c)
The
principal use of the person’s property is for a single-family
dwelling or two-family dwelling.
(d)
No
person shall keep any rooster.
(e)
No
person shall slaughter any chickens or ducks.
(g)
A
person shall not keep chickens or ducks in any location on the property
other than in the backyard. For purposes of this section, "backyard"
means that portion of a lot enclosed by the property’s rear
lot line and the side lot lines to the points where the side lot lines
intersect with an imaginary line established by the rear of the single-family
or two-family structure and extending to the side lot lines.
(h)
No
covered enclosure or fenced enclosure shall be located closer than
10 feet to any property line of an adjacent property.
(i)
All
enclosures for the keeping of chickens or ducks shall be so constructed
or repaired as to prevent rats, mice, or other rodents from being
harbored underneath, within, or within the walls of the enclosure.
A covered enclosure or fenced enclosure shall not be located closer
than 40 feet to any residential structure on an adjacent property;
provided, however, this requirement can be waived as follows:
[1]
If the principal use of applicant’s property is for a single-family
dwelling, to obtain such a waiver, the applicant shall present at
the time of applying for a permit the written statements of all adjacent
landowners that there is no objection to the issuance of the permit.
[2]
If the principal use of the applicant’s property is for a two-family
dwelling, to obtain such a waiver, the applicant shall present at
the time of applying for a permit the written statements of all adjacent
landowners and of the occupants of the other dwelling stating that
there is no objection to the issuance of the permit.
(j)
For
purposes of this section, "adjacent property" means all parcels of
property that the applicant’s property comes into contact with
at one or more points, except for parcels that are legally adjacent
to but are in fact separated from the applicant’s property by
a public or private street.
(k)
All
enclosures for the keeping of chickens or ducks shall be so constructed
or repaired as to prevent rats, mice, or other rodents from being
harbored underneath, within, or within the walls of the enclosure.
In no event shall poultry and/or chickens or ducks be allowed in a
residence, porch, or attached garage.
(l)
All
feed and other items associated with the keeping of chickens or ducks
that are likely to attract or to become infested with or infected
by rats, mice, or other rodents shall be protected so as to prevent
rats, mice, or other rodents from gaining access to or coming into
contact with them. The sale of eggs shall not be permitted.
(m)
Persons
shall dispose of waste materials (feed, manure and litter) in an environmentally
responsible manner by bagging the materials and disposing of same
in the trash. Waste materials shall not accumulate on the property,
and all areas must remain in sanitary condition.
(n)
At
all times, chickens or ducks shall be confined in a coop in the backyard
of the residence with a minimum of one square foot per bird. In no
event shall chickens or ducks be allowed to run free and shall only
be permitted to be in an enclosed run, no larger than eight feet by
eight feet, attached to the coop. Such facility shall be built to
keep dogs, cats, and wildlife from gaining entry.
(4)
A person
who has been issued a permit shall submit it for examination upon
demand by any police officer or code enforcement officer.
It is unlawful in the City for persons to possess,
breed, exchange, buy, sell or attempt to offer to buy or sell exotic
or wild animals, meaning animals not occurring naturally, either presently
or historically in this state, including:
A.
Nonhuman primates.
B.
Venomous, cold-blooded reptiles and other cold-blooded
animals that, if in contact with humans, are capable of inflicting
fatal injury to the average human adult or child.
C.
Poisonous snakes.
D.
Constrictor snakes, six feet in length or more.
E.
Cats (wild family, including but not limited to bobcat,
cheetah, cougar, jaguar, leopard, lion, lynx, mountain lion, panther,
puma, tiger).
F.
Nondomesticated carnivores, including hybrid crosses
of nondomesticated carnivores.
G.
Crocodilia (by example, crocodiles, alligators).
H.
Black piranha fish.
I.
Sharks two feet and over in length.
J.
Struthio (ostriches).
K.
Poisonous spiders, venomous or poisonous insects.
L.
Proboscidea (by example, elephants).
M.
Perissodeactyla (generally, nonruminant ungulate mammals
with odd-numbered toes: by example, rhinoceros).
N.
Artiodactyla (generally hoofed animals with even number
of toes; by example, camel).
O.
Turtles having a shell length of under four inches.
Any person owning an exotic or wild animal listed in § 75-2 on the effective date of this article shall within 60 days of the effective date of this article, remove the animal from the City.
Exceptions to this article shall be zoological
parks and aquariums accredited by the American Association of Zoological
Parks and Aquariums, properly zoned and permitted, circuses, wildlife
sanctuaries and bona fide scientific, medical or educational research
facilities.
[Added 12-28-2010 by Ord. No. 1239]
An owner, possessor, or person having the charge or custody
of an animal shall not do any of the following:
A.
Fail to provide an animal with adequate care;
B.
Cruelly drive, work, or beat an animal, or cause an animal to be
cruelly driven, worked, or beaten;
C.
Carry or cause to be carried in or upon a vehicle or otherwise any
live animal having the feet or legs tied together, other than an animal
being transported for medical care, or a horse whose feet are hobbled
to protect the horse during transport or in any other cruel and inhumane
manner;
D.
Carry or cause to be carried a live animal in or upon a vehicle or
otherwise without providing a secure space, rack, car, crate, or cage,
in which livestock may stand, and in which all other animals may stand,
turn around, and lie down during transportation, or while awaiting
slaughter. As used in this subdivision, for purposes of transportation
of sled dogs, "stand" means sufficient vertical distance to allow
the animal to stand without its shoulders touching the top of the
crate or transportation vehicle;
E.
Abandon an animal or cause an animal to be abandoned, in any place,
without making provisions for the animal's adequate care, unless
premises are temporarily vacated for the protection of human life
during a disaster. An animal that is lost by an owner or custodian
while traveling, walking, hiking or hunting shall not be regarded
as abandoned under this section when the owner or custodian has made
a reasonable effort to locate the animal;
F.
Willfully or negligently allow any animal, including one who is aged,
diseased, maimed, hopelessly sick, disabled, or nonambulatory to suffer
unnecessary neglect, torture, or pain;
G.
Tether a dog unless the tether is at least three times the length
of the dog as measured from the tip of its nose to the base of its
tail and is attached to a harness or nonchoke collar designed for
tethering.
[Added 12-28-2010 by Ord. No. 1239]
No owner shall fail to provide his or her animals with sufficient
wholesome food and water, proper shelter and protection from the weather,
veterinary care when needed to prevent suffering, and with humane
care and treatment.
[Added 12-28-2010 by Ord. No. 1239]
The lawful killing or other use of an animal, including, but
not limited to the following, is not prohibited:
A.
Fishing;
B.
Hunting, trapping, or wildlife control regulated pursuant to the
Natural Resources and Environmental Protection Act, being M.C.L. §§ 324.101
to 324.90106;
C.
Horse racing;
D.
The operation of a zoological park or aquarium;
E.
Pest or rodent control;
G.
Activities authorized pursuant to rules promulgated under Section
9 of the Executive Organization Act of 1965, being M.C.L. § 16.109;
H.
Scientific research pursuant to Use of Dogs and Cats for Research,
being M.C.L. §§ 287.381 to 287.395;
I.
Scientific research pursuant to Sections 2226, 2671, 2676, and 7333
of the Public Health Code, being M.C.L. §§ 333.2226,
333.2671, 333.2676, and 333.7333.
