[Adopted 6-7-2011 by Ord. No. 2011.33]
(a)
The purpose of this article is to provide standards for the keeping
of domesticated chickens within the City of Biddeford. This article
is intended to reduce the potential for conflicts between neighbors
that may arise if the keeping of domesticated chickens creates a nuisance.
A nuisance may be created when the keeping of domesticated chickens
is not done in a way that maintains the health, safety and welfare
of the community. This includes, but is not limited to, noise, odor,
unsanitary animal living conditions, unsanitary waste storage and
removal, the attraction of rodents and parasites/insects, nonconfined
animals leaving the owner's property.
(b)
It is the responsibility of all owners of these animals to maintain
conditions that will improve, rather than detract from, the quality
of life outside of the RF Zone.
[Amended 11-20-2012 by Ord. No. 2012.111]
A permit is required from the Code Enforcement Office for the
keeping of domesticated chickens. Additionally, a building permit
is required for the construction of a henhouse and chicken pen, or
the conversion of any existing structure or portion of structure.
A building permit shall not be required for a pre-built chicken coup
that is less than 80 square feet. The permit is specific to the permittee
and may not be assigned. In the event that the keeping of chickens
is discontinued for longer than six months, the permit shall become
void. Any fees related to domesticated chickens shall be set by City
Council after a public hearing.
(a)
Fencing shall be erected to confine animals to an established area
of the property. The fencing shall be of a height that does not allow
the animals to leave the fenced-in area without human assistance.
Fencing shall take into account existing conditions in the neighborhood.
Appropriate types of fencing include chicken wire, stockade, and picket.
The use of chain-link fencing for the enclosure of domesticated chickens
is prohibited in the City.
(b)
Vegetative buffering must be used to completely screen the area from
abutting properties when non-solid fencing is used. Free ranging shall
be permissible in the RF Zone. Upon receiving more than one complaint,
the owner of the chickens shall meet the fencing and screening requirements.
[Amended 11-20-2012 by Ord. No. 2012.111]
Provision must be made for the storage and removal of chicken
manure to the satisfaction of the Animal Control Officer. All stored
manure shall be covered by a fully enclosed structure with a roof
or lid over the entire structure, except for a properly maintained
compost pile. No more than three cubic feet of manure shall be stored
at one time. In addition, the henhouse, chicken pen and surrounding
area must be kept free from trash and accumulated droppings. Odors
from chickens or chicken manure shall not be perceptible at the property.
Lighting to protect domesticated chickens from predators and
intruders shall be a ninety-degree cut-off luminaire. All lighting
must be set to a motion detector so that the lighting is turned off
when no motion is detected.
In cases where the domesticated chickens are kept on a property
within 100 feet of a body of water or drainageway, provisions must
be made to control the runoff of pollution to the body of water. To
accomplish this goal, all manure must be kept within a roofed enclosure.
(a)
The property owner shall take necessary action to reduce the infestation
of insects and parasites. Domesticated chickens found to be infested
with insects and parasites that may result in unhealthy conditions
to human habitation shall be removed by the Animal Control Officer.
The Animal Control Officer may delay the removal of the animals through
the establishment and completion of a plan of action.
(b)
The property owner shall take necessary action to prevent the entry
of rodents and/or predators into the domesticated chickens living
area. Domesticated chickens that are not housed in an environment
that prevents the infestation of rodents may be removed by the Animal
Control Office.
[Amended 11-20-2012 by Ord. No. 2012.111]
The maximum number of chickens allowed is six per lot regardless
of the number of dwelling units on the lot. In the RF and SR-1 Zones,
a maximum number of chickens shall be 12 per lot. Only female chickens
are allowed. There is no restriction on chicken species. Chickens
must be kept in a clean, dry and odor-free enclosure or fenced area
at all times. During daylight hours, chickens may be allowed outside
of the chicken pen in a securely fenced yard in a manner that will
not disturb the use or enjoyment of neighboring lots due to noise,
odor or other adverse impact. Chickens shall be secured within the
henhouse during non-daylight hours.
Henhouses and chicken pens shall only be located in rear yards,
and are subject to a ten-foot setback from all property lines. For
a corner lot or other property where no rear yard exists, a side yard
may be used as long as the ten-foot setback is met. A henhouse shall
not be placed in a front yard.
No person shall sell eggs or engage in chicken breeding or fertilizer
production for commercial purposes. The slaughtering of chickens is
prohibited.
