The keeping of a large number of cats and/or dogs within the Village of Cedar Grove for a considerable period of time detracts from and, in many instances, is detrimental to healthful and comfortable life is such areas. The keeping of a large number of cats and/or dogs is, therefore, declared a public nuisance.
[HISTORY: Adopted by the Village Board of the Village of Cedar Grove as indicated in article histories. Amendments noted where applicable.]
[Adopted 8-13-2012 (§ 10.16 of the 2006 Code)]
As used in this article, the following terms shall have the meanings indicated:
A parcel of land zoned as residential, occupied or to be occupied by a dwelling, platted or unplatted, and under common ownership. For the purpose of this article, any vacant parcel or parcels adjoining a dwelling and under the same ownership shall constitute one lot.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
A.
Number of dogs limited. No household shall own, harbor or keep in its possession more than three dogs on any residential lot without the prior approval of the Village Board, except that a litter of pups or a portion of a litter may be kept for not more than eight weeks from birth. If more than one household resides on a residential lot, then only a total of three dogs shall be allowed on the residential lot unless prior approval is obtained from the Village Board.
B.
Number of cats limited. Except as otherwise provided herein, no household within the Village of Cedar Grove shall keep, maintain, raise, provide for, care for or otherwise support the existence of more than three cats over the age of nine months.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
Persons found in violation of this article shall be subject to a penalty as provided by § 1-4 of this Municipal Code.
[Adopted 8-12-2019 by Ord. No. 2-2019]
The purpose of this article is to outline conditions under which Village residents may safely keep or maintain a limited number of chickens on lots zoned for single- or double-family residential use, to assure appropriate chicken coops and/or structures in which to house chickens, and to protect the health, safety, and welfare of the general population of the Village of Cedar Grove.
For the purpose of this section, the following terms have the meaning indicated:
All property that in any way shares a boundary with the applicant's property at one or more points except public streets.
A female hen of any age, including chicks. Chicken should be interpreted to encompass the singular and the plural.
An enclosed structure, building or pen within which chickens roost or are housed.
A.
To apply for a permit under this section, the applicant must complete and submit the following to the Village Clerk:
(1)
An application form signed by all property owners on record. If the applicant is a tenant or occupant of the premises, written approval from the property owner must accompany the applicant's permit application.
(2)
A nonrefundable permit fee and annual renewal fee in an amount established by resolution of the Village Board. The fee must be paid to the Village Clerk at the time of application. This fee shall not be prorated.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
(3)
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, the coop design, and the site of the proposed coop.
B.
Each permit shall pertain to a single parcel of real property as set forth in the property tax records for the Village.
C.
A permit shall be issued only for a parcel which is zoned for single- or double-family residential. No permit shall be issued for any parcel zoned larger than double-family residential.
D.
Each permit shall allow the keeping of no more than six chickens in strict compliance with the conditions set forth in § 61-8.
E.
A permit shall not be transferable in any way.
F.
The permit year commences on January 1 and ends on December 31 of each calendar year. Permits applied for after January 1 or a year will expire on December 31 of that year; permit fees will not be prorated.
G.
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.
The following conditions shall apply to each permit issued under this section:
A.
Up to six chickens may be raised within a lot zoned single- or double-family residential.
B.
Rental tenants of a single- or double-family dwelling shall abide by the rules set forth herein and shall obtain the written approval of the property owner prior to the keeping or maintaining of chickens on the rental premise. The property owner's written approval must accompany the applicant's permit application.
C.
In addition to six adult chickens, newly hatched chickens (chicks) living in a brooder may be kept in a residence or outbuilding up to the age of 10 weeks.
D.
No roosters or other crowing foul are permitted.
E.
Noise from chickens shall not be so loud as to disturb a person of ordinary sensitivity.
F.
No chicken may be kept within a residence.
G.
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.
H.
All chickens shall be housed and maintained within a ventilated and roofed coop constructed of sturdy, predator-proof material in compliance with any applicable state and/or local requirements. A coop shall provide no less than three square 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. The coop shall be enclosed on all sides and have a roof and doors. Access doors must be able to be shut at night. Opening windows and vents much be covered with predator- and bird-proof wire or fencing of no more than one-inch openings.
I.
All coops, pens, nesting boxes, runs, and any other structure or enclosure associated with the keeping of chickens shall be properly designed 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. Coops and runs shall be placed in rear yards and shall have a minimum setback of 10 feet from the lot line. No coop or run shall be placed within 30 feet of any separate residential or business structure on an adjacent lot. Enclosed runs shall not exceed 64 square feet.
J.
Upon death of a chicken, the permittee must promptly dispose of the chicken in a sanitary manner.
K.
The on-site slaughtering of chickens is prohibited.
L.
Chickens shall be kept and handled in a sanitary manner.
M.
Chickens must be kept in a coop and pen when not being monitored by a responsible individual and must be kept within a fenced enclosure. Chickens shall be secured in a coop during non-daylight hours.
N.
All coops must be clean, dry and kept in a neat and sanitary condition at all times.
O.
Provisions must be made for the routine removal and lawful disposal of chicken waste in order to prevent any adverse effects related to odor or unsanitary conditions.
P.
Chicken feed shall be stored and kept in containers, which makes the feed inaccessible to rodents, vermin, wild birds, and other predators.
Q.
No chickens are allowed on vacant lots unless the person requesting the permit resides on the abutting property and the coop cannot be easily seen from the street.
R.
This article is not intended to interfere with any restrictive covenants otherwise applicable.
The Village shall revoke a permit issued under this article in the event that the Sheboygan County Sheriff has issued two separate violations of this article to a permittee within a calendar year. Once a permit is revoked, it shall not be reissued.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
In addition to the suspension or revocation of a permit issued under this article, any person who shall violate this article shall be subject to a penalty as provided by § 1-4 of this Municipal Code.