[Bill No. 87-2, 12-9-2014]
No person shall keep chickens or other domestic fowl in any pen having an area of less than one hundred forty-four (144) square feet, or the exterior boundary of which is less than twenty-five (25) feet at the nearest point, from the dwelling of another, a church, a school, or a place of business of another.
[Bill No. 87-2, 12-9-2014]
A. 
The maximum number of fowl or chickens allowed is six (6) per lot regardless of how many dwelling units are on the land.
B. 
Only female chickens and fowl are allowed. Absolutely no roosters. There shall be no restrictions on the breed.
C. 
It shall be unlawful to engage in breeding or fertilizer production for commercial purposes.
D. 
The fowl must be kept in a secure enclosure or fenced area at all times. Chickens and/or other fowl shall be secured within a henhouse or chicken tractor during non-daylight hours.
E. 
Enclosures shall be kept in a clean, dry, odor-free, neat and sanitary condition at all times.
F. 
Henhouses, chicken tractors, and chicken/fowl pens shall provide adequate ventilation and adequate sun and shade; they shall be impermeable to rodents, wild birds, and predators, including cats and dogs.
G. 
Henhouses and chicken/fowl tractors shall be designed to provide safe and healthy living conditions for the chickens/fowl while minimizing adverse impacts to other residents in the neighborhood.
1. 
A henhouse or chicken/fowl tractor shall be enclosed on all sides and consist of sturdy wire or wooden fencing, and shall have a roof and doors. Access doors must be able to be shut and locked at night. Openings, windows and vents shall be covered with predatorproof and birdproof wire of less than one (1) inch in opening. Shall be covered with wire, aviary netting, and/or solid roofing.
2. 
Henhouses, chicken/fowl tractors shall only be located to the defined rear of the property as required by the zoning codes.
3. 
Henhouses, chicken/tractors and pens shall be located at least three (3) feet from the property line and at least twenty-five (25) feet from any adjacent residential dwelling, church, school, or place of business.
H. 
Slaughter may occur for personal use, provided that it is conducted in a sanitary manner, does not generate noise that creates a nuisance, and is not visible from adjacent properties or any other public area or right-of-way.
I. 
Odors from chickens and or other fowl, manure, or other related substances should not be detectable at the property boundaries.
J. 
All uses shall operate in accordance with the noise standards contained in Section 205.020 of this Chapter.
K. 
The owner of the chicken/fowl takes all necessary action to reduce the attraction of predators and rodents, and the potential infestation of insects and/or parasites. Any chickens and or fowl found to be infested with insects or parasites that may result in unhealthy conditions to human habitation may be removed by an animal control officer.
L. 
The owner shall provide the chickens/fowl with access to feed and clean water at all times. The feed and water shall be unavailable to rodents, wild birds, and predators.
M. 
The owner shall provide for the storage and removal of all unallotted 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 (3) cubic feet of manure shall be stored. All other manure not used for composting or fertilizing shall be removed. The henhouse, chicken tractor, fowl pens, and surrounding area shall be kept free from trash and accumulated droppings.
N. 
All carcasses will be burned.
O. 
No dog or cat, which kills a chicken or fowl, (for that reason alone) will be considered to be a dangerous or aggressive animal.
P. 
It shall be unlawful for any persons to keep chickens or fowl in violation of any of the provisions of this Article.
Q. 
It shall be unlawful for any owner, renter, or leaseholder of a property to allow chicken or fowl to be kept on the property in violation of the provisions of this Article.
R. 
Any violation of this Article that constitutes a health hazard or that interferes with the use or enjoyment of neighboring property is a nuisance and may be abated under the general nuisance abatement provisions of the City.
S. 
Each day that a violation of this Article continues is a separate offense.
T. 
All other City codes shall apply.
[Bill No. 87-2, 12-9-2014]
A. 
The Merriam Woods Police Department or its designee, will be responsible for enforcing this Article related to the birds themselves, including the number of birds, birds at large, odors, abuse and neglect. Impoundment requirements will be the same as that for dogs.
1. 
Impoundment fees will be thirty-one dollars ($31.00) for the first day, and then ten dollars ($10.00) each day thereafter. These fees are required at the time of pick-up.
2. 
There will be a fee of twenty dollars ($20.00) for any chickens or fowl turned over to the Merriam Woods Animal Shelter. If a citizen is in possession of a stray chicken or fowl, the Animal Control Officers will pick it up for free, but they will not search for the reported owner.
3. 
Citations will be issued at the time of pick up for all impounded birds at large, nuisance or any other violation of this Article as are applicable.
4. 
All fees are to made by cash, check, or money order only, no credit or debit cards or large quantities of coin will be permitted.