[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:
A.
No person shall keep, maintain, house or possess more than six chickens.
B.
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.
C.
No roosters shall be allowed.
D.
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.
E.
No property may have more than one enclosure for the keeping of chickens.
F.
All pens, coops or houses shall be limited to the rear yard as such is defined in Chapter 149 herein.
G.
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.
H.
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.
I.
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.
J.
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.
K.
There shall be no less than 10 square feet per chicken in any chicken
run.
L.
Chickens shall be confined at all times to the property on which
they are kept, possessed or maintained.
M.
Chickens shall be provided with adequate food and water at all times.
N.
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.
A.
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).
B.
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.
A.
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.
B.
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.
