[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.