[HISTORY: Adopted by the Village Board of the Village of
Grafton 8-7-2017 by Ord. No. 006-2017. Amendments noted where applicable.]
A.
Purpose. The purpose of this chapter is to establish conditions under
which small-scale keeping of domestic chickens for personal use and
enjoyment may be permitted on lots zoned for single-family residential
use.
B.
Definitions. As used in this chapter, the following terms shall have
the meanings given:
1.
Abutting property. All real property that in any way shares a boundary
with the real property of the applicant or permittee.
2.
Chicken. A female hen (gallus domesticus) of any age, including chicks.
"Chicken" should be interpreted to encompass the singular and the
plural.
3.
Coop. An enclosed structure in which a chicken roosts or is housed.
A.
Permit and compliance with chapter required.
1.
No owner of real property shall keep or allow to be kept a live chicken
within the Village without a valid permit issued under this chapter.
2.
No occupant of real property shall keep or allow to be kept a live
chicken within the Village unless the occupant holds a valid permit
issued under this chapter or the owner of the real property holds
a valid permit issued under this chapter.
3.
No owner or occupant of real property shall keep a live chicken within
the Village contrary to the terms of this chapter or contrary to the
terms of any permit issued under this chapter.
4.
Nothing in this chapter shall be interpreted to invalidate deed restrictions
or other real property restrictions or covenants that may prohibit
the keeping of chickens within local areas or subdivisions within
the Village.
B.
Procedure governing permits.
1.
To apply for a permit under this chapter, the applicant must complete
and submit the following to the Building Inspector:
a.
An application form signed by all owners of record. If an owner
of record is a trust or business entity, the application form shall
be signed by the trustee, a corporate officer, or member or manager
of a limited liability entity. If the applicant is a tenant or occupant
of the premises, the application form must be signed by the applicant
and be countersigned by all owners of record as evidence of the owner's
consent to the tenant or occupant obtaining a permit.
b.
The registration number of the applicant's completed Livestock
Premises Registration with the Wisconsin Department of Agriculture,
Trade, and Consumer Protection.
c.
A nonrefundable application fee of $50 and annual renewal fee
in the amount of $25.
d.
A site plan showing the location of all structures located on
the applicant's real property, the location of all structures
located on all abutting property, and the site of the proposed coop.
e.
Drawings or photos of the coop design.
2.
Each permit shall pertain to a single parcel of real property as
set forth in the property tax records of the Village.
3.
A permit shall be issued only for a parcel which is zoned for single-family
residential use. No permit shall be issued for any parcel which contains
a condominium, duplex or any type of multifamily residential use.
4.
Each permit shall allow the keeping of no more than four chickens in strict compliance with the conditions set forth in § 6.10.030.
5.
A permit shall not be transferable in any way.
6.
The permit year commences on January 1 and ends on December 31 of
each calendar year. Permits applied for after January 1 of a year
will expire on December 31 of that year; permit fees shall not be
prorated.
7.
If there are no changes to be made to the information submitted in
the original application, a permittee shall renew the permit annually
by paying the renewal fee. If the permittee wishes to make changes,
the permittee shall submit a new full application.
C.
Revocation. In addition to all other remedies available to the Village,
the Village shall revoke a permit issued under this chapter in the
event that the Building Inspector has issued two or more violations
of this chapter to a permittee. Once a permit is revoked, it shall
not be reissued.
The following conditions shall apply to each permit issued under
this chapter:
A.
No roosters or other crowing fowl are permitted.
B.
Noise from chickens shall not be so loud as to disturb a person of
ordinary sensitivity.
C.
No chicken may be kept within a principal residence.
D.
Chickens shall be kept as pets and for personal use only. No owner
shall sell or barter eggs or engage in chicken breeding or fertilizer
production for commercial purposes.
E.
Chickens shall be housed in a coop. A coop shall be no less than
three cubic feet of space per chicken and must be connected to a secured
and fully ventilated pen (also required) which contains not less than
seven cubic feet of space per chicken and an appropriately sized nesting
box (also required) at a rate of not less than one box per two birds.
Pens shall be properly sized as will permit full spread of the kept
bird's wingspan and allow each chicken to walk and run. An existing
garage, shed or small structure may serve as a coop if compliant with
the remaining terms and conditions of this chapter.
F.
No person shall keep a chicken in any location on the property other
than the rear yard.
G.
All coops, pens, nesting boxes, and any other structure or enclosure
associated with the keeping of chickens must be located at least 40
feet from a neighboring residential structure, not including a detached
garage, at least 10 feet from a side or rear property line and at
least 10 feet from the residence on the property where the chickens
or other similar domesticated fowl are kept.
H.
Coops and pens shall not be located closer than 75 feet from the
ordinary high-water mark of a lake, stream, creek or river.
I.
Upon death of a chicken, the permittee must promptly dispose of the
chicken in a sanitary manner.
J.
The on-site slaughtering of chickens is prohibited.
K.
Chickens shall be kept and handled in a sanitary manner.
L.
Chickens must be kept in a coop and pen when not being monitored
by a responsible individual. When allowed to roam free, chickens must
be monitored and within a fenced enclosure. Chickens shall be secured
in the coop during non-daylight hours.
M.
The coop and pen system shall be properly designed, laid out and
maintained as will provide safe and healthy living conditions for
chickens while minimizing adverse impacts on the neighborhood through
use of material, colors, architecture and special site design that
are complementary to the existing buildings on the premise and in
the surrounding area. The Village Building Inspector shall have sole
discretion for coop design and location.
N.
All coops must be clean, dry and kept in a neat and sanitary condition
at all times.
O.
The coop shall be enclosed on all sides and have a roof and doors.
Access doors must be able to be shut and locked at night. Opening
windows and vents must be covered with predator- and bird-proof wire
or fencing of no more than one-inch openings.
P.
All enclosures must provide adequate ventilation as well as sun protection
and be sanitary, insulated, weatherproofed and impermeable to rodents,
wild birds and predators, including dogs and cats. These enclosures
must also be sound and moistureproof and maintained in good repair
with sufficient space for freedom of movement and retention of body
heat with elevated perches for natural roosting position. The nesting
boxes must be elevated off the ground.
Q.
Provisions must be made for the daily removal and lawful disposal
of chicken waste in order to prevent any adverse effects related to
odor or unsanitary conditions.
R.
Chickens shall not be turned loose or taken to the local humane society
when no longer wanted.
S.
In addition to compliance with the requirements of this chapter,
no one shall keep a chicken that causes any nuisance, unhealthy condition,
creates a public health threat, or otherwise interferes with the normal
use of property and the enjoyment of life by humans or other animals.
A.
The Village shall have the power, whenever it may deem reasonably
necessary, to enter a structure or property where a chicken is kept
to ascertain whether the permittee is in compliance with this chapter.
The permittee shall be responsible for all costs associated with inspections.
B.
In addition to all other remedies available to the Village, the Building
Inspector may issue orders requiring compliance with the provisions
of this chapter.
