[Ord. No. 819 §1, 12-1-2015[1]]
No person may keep upon premises under his ownership or control, unless such premises are zoned as Agricultural (A-1), any horse, mule, pony, jennet, burro, ox, bull, cow, calf, sheep, goat, hog, pig, llama, alpaca, vicuña, raccoon, mink, turkey, goose/gander, duck, pigeon, rooster or any similar fowl, except that female chickens (hens/pullets) may be kept on one's premises in Single-Family Residential (R-1) areas, under the conditions delineated within the ensuing provisions of this article.
[1]
Editor's Note: Section 18 of this ordinance repealed former Section 205.150, Running at Large — Chickens, Ducks, Geese or Turkeys, adopted and amended by R.O. 2012 §205.170; Ord. No. 659 Art. II, 10-3-2001. Section 205.150 was formerly included in Art. II.
[Ord. No. 819 §2, 12-1-2015]
Any property owner desiring to keep any hens/pullets may file, with the City Clerk, a written and signed application, soliciting a permit to keep the same, wherein the applicant must identify the location (by address) and describe the housing/run, the dimensions of the applicant's premises, the number of hens/pullets to be kept and the purpose for their keeping. Upon review and approval by the City's Building Inspector, the application shall be referred to the Board of Alderman for its review and potential issuance of the solicited permit; whereupon, if approved, the City Clerk shall issue the solicited permit. Each permit shall be valid for one year from its issuance, unless sooner revoked by the Board of Aldermen, upon good cause. The charge for initial issuance shall be fifty dollars ($50.00), after which, a renewal permit may issue upon the Building Inspector's determination (upon reinspection of the premises and confirmation of compliance) that the premises are being maintained in a clean and sanitary condition; that the hens/pullets have not been subjected to suffering or cruelty; that the hens'/pullets' keeping does not constitute a detriment to the health, safety or peace of the community; that the maintenance of the holding structure is not in violation of applicable ordinance and that the renewal charge of fifty dollars ($50.00) has been paid.
[Ord. No. 819 §3, 12-1-2015]
Upon the filing of any application under this Code, the Building Inspector shall inspect the premises and make such additional investigation as (s)he may deem appropriate to ascertain the compliance of the proposed facility with the requirements of this article. Upon the Inspector's confirmation to the Board of Aldermen that the premises are zoned as R-1, that the premises where the hens/pullets are proposed to be kept are adequate and shall provide proper shelter and protection for them; that the proposed housing/run will not be in violation of the provisions of this section and that the applicant has paid the requisite cost, the Board of Aldermen may direct that the City Clerk issue the solicited permit.
[Ord. No. 819 §4, 12-1-2015]
All structures, pens, coops or yards wherein hens/pullets may be kept or permitted, shall be kept clean, sanitary and free from noxious, disagreeable or offensive smell or odor; so as to not injure, annoy or inconvenience any person. The interior walls of all such structures shall be annually whitewashed or painted; and the interior of such structures shall be constructed and maintained so as to be kept dry. The Building Inspector may inspect any such structure, pen, coop or yard, as often as (s)he deems necessary and issue an order to compel compliance with the provisions of this chapter, cite violations thereof or invoke suspension of an issued permit.
[Ord. No. 819 §5, 12-1-2015]
No owner or any person responsible for any hen/pullet shall allow such hen/pullet to run at large or loose upon the streets or public places of the City. The City's officials are permitted to confiscate any hen/pullet, found upon any of the City's streets or public places, whereupon such official shall make reasonable efforts to discern the ownership of such hen/pullet; but if not reasonably feasible, to dispose of the same. Should any dog or cat kill or injure any hen/pullet running at large, that dog or cat shall not, for that reason alone, be deemed a dangerous or aggressive animal.
[Ord. No. 819 §6, 12-1-2015]
A. 
The maximum number of hens/pullets allowed upon any area of common ownership shall not exceed eight (8) at any one time, irrespective of how many dwelling units exist on such tract of common ownership.
B. 
Only female chickens (pullets or hens) are allowed, without restriction of their breed.
[Ord. No. 819 §7, 12-1-2015]
No hen/pullet may be kept for a commercial purpose.
[Ord. No. 819 §8, 12-1-2015]
A. 
Hens/pullets must be kept in an enclosure or fenced area during daylight hours and secured within a henhouse or chicken tractor during non-daylight hours.
B. 
Each hen/pullet shall be provided with a minimum of four (4) square feet per bird of exterior enclosed area and four (4) square feet of interior area, aggregating to eight (8) square feet for each hen/pullet.
C. 
Enclosures, interior or exterior, must be kept in a neat, clean, dry, odor-free and sanitary condition.
D. 
Any person who proposes to provide electrical power to a stationary enclosure must secure the appropriate permit and comply with all applicable building codes and ordinances, before the installation of electrical service to such enclosure.
E. 
Henhouses, chicken tractors and pens must provide adequate ventilation, sun and shade and must be impermeable to rodents, wild birds and predators, including cats and dogs.
F. 
Henhouses, chicken tractors and runs.
1. 
Henhouses and chicken tractors shall provide safe and healthy living conditions for the hens/pullets, while minimizing the adverse impacts to other residents of the City.
a. 
A henhouse or chicken tractor shall be enclosed on all sides and shall have a roof and doors, which must be capable of being closed and locked at night. Windows and vents must be covered with predator- and bird-proof wire of not greater than one-inch grid. Any chicken pen shall be constructed of sturdy wire or wooden fencing and must be covered with wire, avian netting or solid roofing.
b. 
Henhouses or chicken tractors shall be constructed of wood or composite material, which must be described in the application. Each wall of the structure shall be constructed of the same material, the roof shall be covered with a consistent roofing material, and windows/openings shall be covered with a consistent material. Henhouses and chicken tractors must be well maintained. Construction of scrap, waste board, sheet metal, or other refuse is prohibited.
2. 
Henhouses, chicken tractors and runs may be located only to the rear of the dwelling or main structure.
3. 
Henhouses, chicken tractors and chicken runs may be located no closer than ten (10) feet to the applicant's property line and at least twenty-five (25) feet from the dwelling or main structure on the applicant's lot and no closer than one hundred (100) feet from the nearest part of any residence or dwelling upon an adjacent, non-owned lot.
4. 
Organized neighborhood and/or homeowner associations may impose more restrictive regulations than are permitted by this article.
[Ord. No. 819 §9, 12-1-2015]
A. 
Odors from the hens/pullets, their manure or other chicken-related substances shall not be perceptible at the property's boundaries.
B. 
Noise from the hens/pullets shall not be loud enough at the property's boundaries to disturb persons of reasonable sensitivity.
[Ord. No. 819 §10, 12-1-2015]
The hens'/pullets' owner shall take all necessary steps to reduce the attraction of predators and rodents and the infestation of insects and parasites. The permit, otherwise allowing hens/pullets upon one's property, may be suspended or revoked if such hens/pullets are infested with insects and parasites.
[Ord. No. 819 §11, 12-1-2015]
Hens/pullets shall be provided with feed and clean water at all times, and such feed and water shall be kept inaccessible to predators, rodents, wild birds and domesticated animals.
[Ord. No. 819 §12, 12-1-2015]
The owner of hens/pullets shall either remove or store their manure, and, if stored, no more than three (3) cubic feet shall be stored, which shall be stored in a fully enclosed container with a lid over the same. The henhouse, chicken tractor, run pen and surrounding area shall be kept free from trash and accumulated droppings and uneaten feed shall be removed before it deteriorates or molds.
[Ord. No. 819 §13, 12-1-2015]
It shall be unlawful for any owner, leaseholder or renter of property to keep or allow any hen/pullet to be kept on property under that owner, leaseholder or renter's control in violation of the provisions of this article or permit such hen/pullet to run at large.
[Ord. No. 819 §14, 12-1-2015]
Any violation of this article that constitutes a health hazard or that interferes with the use or enjoyment of neighboring property constitutes a nuisance that may be abated under the abatement provisions of Chapter 215 of the City's Code.
[Ord. No. 819 §15, 12-1-2015]
Each 24 hours that a violation of this article continues constitutes a separate offense.
[Ord. No. 819 §16, 12-1-2015]
By the acceptance of a permit under this City Code, the permittee consents to the inspection of premises under his/her control by the Building Inspector or his/her designee to insure continued compliance with the provisions of this article.
[Ord. No. 819 §17, 12-1-2015]
Should the Building Inspector charge that the permittee has failed to provide any chicken in his/her possession, care or control with proper and sufficient food, drink, shelter or protection or has subjected any such animal to needless suffering, unnecessary cruelty or abuse or has failed to maintain the premises in a clean and sanitary condition, the Building Inspector may summarily suspend such permit, pending resolution of the cited deficit and, should any permit have been summarily suspended for two or more violations within twelve consecutive months, that permit may be permanently revoked by the Board of Aldermen, after hearing, upon ten days' notice to the permittee.