City of Pocomoke, MD Fowl and Other Animals

[Added 2-6-1989 by Ord. No. 292; amended 5-4-2015 by Ord. No. 419; 5-4-2015 by Ord. No. 419]

No person, firm or corporation shall keep, maintain, house, harbor or possess any chickens, ducks, geese, turkeys or other fowl, except for exotic songbirds or parrots kept as house pets, within the City, except for those which are in vehicles being transited through the City or where otherwise permitted by Chapter 230, Zoning, or upon approval of a permit for chickens pursuant to Subsection B hereof. This section shall not apply to such fowl being transported to or from the Pocomoke City Fairgrounds or kept thereon for purposes of exhibition.

The City Manager or designee is authorized to issue a permit to keep, maintain, house, harbor or possess chickens where it is determined that doing so will not create a nuisance, subject to the following regulations and conditions:

(1)

Number. No more than six hens shall be allowed for each dwelling unit.

(2)

Setbacks. Coops or cages housing chickens shall be kept at least 25 feet from the door or window of any dwelling or occupied structure other than the owner's dwelling. Coops and cages shall not be located within 15 feet of a side-yard or rear-yard lot line. Coops and cages shall be located in the rear yard only and shall not be placed in the front or side yard.

(3)

Enclosure. Hens shall be provided with a covered, predator-proof coop or cage that is well-ventilated and designed to be easily accessed for cleaning. The coop shall allow at least three square feet per hen. Hens shall have access to an outdoor enclosure that is adequately fenced to contain the birds on the property and to prevent predators from access to the birds. The outdoor enclosure shall not be located within 15 feet of a side-yard or rear-yard lot line. The outdoor enclosure shall allow at least seven square feet per hen. Hens shall not be allowed out of these enclosures unless a responsible individual, over 18 years of age, is directly monitoring the hens and able to immediately return the hens to the cage or coop if necessary.

(4)

Sanitation. The coop and outdoor enclosure must be kept in a sanitary condition and free from offensive odors. The coop and outdoor enclosure must be cleaned on a regular basis to prevent the accumulation of waste.

(5)

Slaughtering. There shall be no slaughtering of chickens.

(6)

Roosters. It is unlawful for any person to keep roosters.

(7)

The owner shall abide by all state laws and regulations for livestock or fowl premises registration and any applicable amendments thereto.

(8)

The applicant shall also follow state laws and regulations regarding import, purchase and sales of live poultry.

(9)

There shall be no breeding or hatching of chickens.

(10)

Any poultry feed shall be stored so as to keep out rodents. The owner shall practice proper poultry waste disposal in order to avoid odors. Waste composting on the premises shall be allowed as long as it does not create odors or other nuisances for neighboring properties.

(11)

The main food source for the chickens should be provided in dedicated feeding containers, and scatter-feeding as the primary food source is prohibited. (Small amounts of scratch grains that do not accumulate on the property are allowable.)

(12)

Permit. A permit shall be required.

(a)

Application. A permit shall be required to keep chickens in the City. An application for a permit must contain the following items:

[1]

The name, phone number, and address of the applicant.

[2]

The location of the subject property.

[3]

A description of any coops, cages or outdoor enclosures, providing dimensions and the precise location (if fixed) of these enclosures in relation to property lines and adjacent properties.

[4]

If the applicant proposes to use a mobile coop and/or a chicken run, the dimensions of the structure(s) shall be provided and the area of requested allowed placement areas shall be provided.

(b)

Application fee. The application fee charge for the permit shall be $10. There shall be no charge for renewal of the permit.

(c)

Owner consent required. If the applicant proposes to keep chickens in the yard of a rented dwelling, the applicant must present a signed statement from the owner of the dwelling consenting to the applicant's proposal for keeping chickens on the premises.

(d)

Single-family lots only. Chickens may only be kept on single-family unit lots in an R-1 or R-2 Zoning Classification only. Chickens may not be kept on two-family or multiple-family lots or in an R-3 Zoning Classification.

(e)

Upon receipt of an application and prior to issuance of a permit, adjacent property owners shall be advised, in writing, of the requested permit and shall be afforded at least 14 days in which to submit written objections. If such objections are received, the application shall be referred to the Board of Zoning Appeals for a public hearing, subject to the normal policies, procedures and fees of the Board of Zoning Appeals. If no objections are received, a permit shall be issued within 14 days.

(f)

Permit renewal. Permits will be granted on an annual basis (unless this section is repealed). If the permittee follows the terms of the section, the permit will be presumptively renewed (unless this section is repealed), and the applicant may continue to keep chickens under the terms and conditions of the initial permit. The City Manager or the designee of the City Manager may refuse to renew or may revoke the permit at any time (after giving the permittee 14 days' notice of the basis for the revocation or nonrenewal and an opportunity to be heard on the issue) if the permittee does not follow the terms of this section or if the City Manager or designee finds that the permit holder has not maintained the chickens, coops, or outdoor enclosures in a clean and sanitary condition or otherwise is in violation of this section or as a result of complaints from adjacent property owners.

(g)

If title to the property is transferred or, in the case of rented property, if a new tenant takes occupancy of the property, the permit shall expire, and the new owner or occupant shall be required to submit a new permit application within 14 days if he or she wishes to continue to keep, maintain, house, harbor or possess chickens.

If this section is amended or repealed, no party shall have the right to keep chickens based on a nonconforming use status obtained under this section.