[HISTORY: Adopted by the Board of Trustees of the Village
of Walton as indicated in article histories. Amendments noted where
applicable.]
[Adopted 1-12-1905 (Ch.
6 of the 1973 Code)]
No person being the owner or in possession of any animal shall
permit the same to run at large upon any street, highway or park of
the Village, except for the purpose of passing along said street while
in the care of some person or persons who shall prevent them from
straying or running upon any of the public or private grounds in the
Village.
[Added at time of adoption of Code (see Ch. 1, General Provisions,
Art. I)]
As used in this article, the following terms shall have the
meanings indicated:
AT LARGE
Off the premises of the owner, not secured by a leash or
lead or under the control of a responsible person and obedient to
that person's commands.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Any person or persons violating the provisions of this article
shall be punishable by a fine not exceeding $250, imprisonment for
not more than 15 days, or both.
[Adopted 7-1-2013 by L.L.
No. 2-2013 (Ch. 18 of the 1973 Code)]
The purpose of this article is to provide standards for the
keeping of domesticated fowl. For the purpose of this article, "domesticated
fowl" is defined as chickens, geese, ducks and turkeys. It is intended
to enable residents to keep a small number of fowl on a noncommercial
basis while limiting the potential adverse impacts on the surrounding
neighborhood. The Village recognizes that adverse neighborhood impacts
may result from the keeping of domesticated fowl as a result of noise,
odor, unsanitary animal living conditions, unsanitary waste storage
and removal, the attraction of predators, rodents, insects, or parasites,
and nonconfined animals leaving the owner's property. This article
is intended to create licensing standards and requirements that ensure
that domesticated fowl do not adversely impact the neighborhood surrounding
the property on which the fowl are kept.
An annual permit is required for the keeping of any domesticated
fowl in the Village of Walton.
A. The annual permit to keep domesticated fowl is personal to the permittee
and may not be assigned. In the event that the permittee is absent
from the property for longer than 60 days, the permit shall automatically
terminate and become void.
B. The permit year shall be January 1 through December 31.
The fee for an annual permit to keep domesticated fowl is $25.
A. The maximum number of chickens allowed is six, ducks is four, geese
is two and turkeys is two per lot, regardless of how many dwelling
units are on the lot.
B. Only female domesticated fowl are allowed. There is no restriction
on species.
Domesticated fowl shall be kept as pets and for personal use
only; no person shall sell eggs or engage in fowl breeding or fertilizer
production for commercial purposes. The slaughtering of domesticated
fowl is prohibited.
A. Domesticated fowl must be kept in an enclosure or fenced area at
all times.
B. The area occupied by enclosures and pens may not exceed 200 square
feet.
C. Enclosures must be clean, dry, and odor-free, and kept in a neat
and sanitary condition at all times, in a manner that will not disturb
the use or enjoyment of neighboring lots due to noise, odor or other
adverse impact.
D. The enclosure and pen must provide adequate ventilation and adequate
sun and shade and must be impermeable to rodents, wild birds, and
predators, including dogs and cats.
E. Standards for enclosures.
(1) An enclosure shall be provided and shall be designed to provide safe
and healthy living conditions for the domesticated fowl while minimizing
adverse impacts to other residents in the neighborhood.
(a)
The structures shall be enclosed on all sides and shall 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 of less than one-inch openings.
(b)
The materials used in making the structure shall be uniform
for each element of the structure such that the walls are made of
the same material, the roof has the same shingles or other covering,
and any windows or openings are constructed using the same materials.
The use of scrap, waste board, sheet metal, or similar materials is
prohibited. The enclosure shall be well maintained.
(c)
The structure shall be painted; the color shall be uniform around
the structure and shall be in harmony with the surrounding area.
(2) Enclosures and pens shall only be located in rear yards, as defined in §
260-7. For a corner lot or other property where no rear yard exists, a side yard may be used as long as the setbacks generally applicable in the zoning district are met. In no case may an enclosure or pen be placed in the front yard.
(3) If an enclosure or pen is proposed to be located less than 20 feet
from any side or rear property line, the permittee shall submit written
approval from abutting property owners, signed and dated by the same,
approving the location of the enclosure closer than 20 feet to the
lot line.
(4) Failure to provide approval from an abutting property owner when
the proposed enclosure is located closer than 20 feet to a lot line
will result in a denial of the permit application.
F. Standards for pens. An enclosed pen must be provided, consisting
of sturdy wire fencing buried at least 12 inches in the ground. The
pen must be covered with wire, aviary netting, or solid roofing. The
use of chicken wire is not permitted.
A. Odors from domesticated fowl, manure, or other fowl-related substances
shall not be perceptible at the property boundaries.
B. Perceptible noise from domesticated fowl shall not be loud enough
at the property boundaries to disturb persons of reasonable sensitivity.
Only motion-activated lighting may be used to light the exterior
of the enclosure.
The property owner shall take necessary action to reduce the
attraction of predators and rodents and the potential infestation
of insects and parasites. Domesticated fowl found to be infested with
insects and parasites that may result in unhealthy conditions to human
habitation, as determined by the Village Health Officer, shall be
ordered removed within seven days of such finding.
Domesticated fowl must be provided with access to feed and clean
water at all times; such feed and water shall be unavailable to rodents,
wild birds and predators.
Provision must be made for the storage and removal of manure.
All stored manure shall be covered by a fully enclosed structure with
a roof or lid over the entire structure. No more than three cubic
feet of manure shall be stored. All other manure not used for composting
or fertilizing shall be removed. In addition, the enclosure, pen and
surrounding area must be kept free from trash and accumulated droppings.
Uneaten feed shall be removed in a timely manner.
Every applicant for a permit to keep domesticated fowl shall:
A. Complete and file an application on a form prescribed by the Code
Enforcement Officer;
B. Provide any other documentation required by this article or requested
by the Code Enforcement Officer;
C. Deposit the prescribed permit fee with the Code Enforcement office
at the time the application is filed. Any material misstatement or
omission shall be grounds for denial, suspension or revocation of
the permit.
The Code Enforcement Officer shall issue a permit if the applicant
has demonstrated compliance with the criteria and standards in this
article.
The Code Enforcement Officer shall deny a permit if the applicant
has not demonstrated compliance with all provisions of this article.
A permit to keep domesticated fowl may be suspended or revoked by
the Code Enforcement Officer where there is a risk to public health
or safety or for any violation of or failure to comply with any of
the provisions of this article or with the provisions of any other
applicable law. Any denial, revocation or suspension of a permit shall
be in writing and shall include notification of the right to and procedure
for appeal.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Any person or persons violating the provisions of this article
shall be punishable by a fine not exceeding $250, imprisonment for
not more than 15 days, or both.
In addition to the penalty stated in §
80-18, any violation of the provisions of this article or of the permit shall be grounds for an order from the Code Enforcement Officer to remove the domesticated fowl and the related structures. The Health Officer may also order the removal of the domesticated fowl upon a determination that the domesticated fowl pose a health risk. If an animal dies, it must be disposed of promptly in a sanitary manner.
In the event that any section, subsection or portion of this
article shall be declared by any competent court to be invalid for
any reason, such decision shall not be deemed to affect the validity
of any other section, subsection or portion of this article.