[R.O. 1998 § 210.390; Ord. No. 3122, 8-6-2018]
A.
The keeping of up to three (3) female chickens/hens
in total shall be permitted as provided in this Section only in single-family
residences and only if a permit has been issued by the City Animal
Control Officer (which term hereinafter shall include his or her designee).
A permit to keep three (3) or fewer chickens shall be issued by the
City Animal Control Officer or his or her designee if all of the following
conditions are satisfied:
1.
The chickens must be adequately confined
within a coop AND pen surrounded by wire netting or other fence to
prevent their escape therefrom and kept in good repair and free of
peeling paint, untreated or rotted wood and rust. Chickens shall not
be permitted to run at large in private yards or public streets, and
clipping the wings is suggested;
2.
The coop and pen shall be maintained
in a ventilated, safe and sanitary condition, which has adequate space
for humane treatment and is free from predators. The coop and enclosed
areas shall be maintained in good repair and free of noxious odors.
Adequate food and water should be provided daily and the water must
be kept from freezing. Food should be supplied to the chickens using
a dish or feeder, as ground feeding is not allowed;
3.
Any manure or other waste from the
chickens shall be collected and properly removed from the premises
or tilled into the soil on the premises at a minimum of twice weekly.
Agricultural lime should be applied to the ground once per month to
prevent the spread of offensive smells or diseases;
4.
Young roosters less than six (6)
months old may also be kept as part of the total of three (3), but
the keeping of young roosters that crow so as to be heard from a distance
of ten (10) feet is strictly prohibited;
5.
No slaughtering of any chickens shall
be allowed in the City;
6.
No person shall keep chickens in
any manner so as to create a nuisance as defined in our ordinances;
7.
Eggs may not be sold in the City;
8.
A permit to own chickens will only
be issued for a single-family residence with a total lot size of 0.33
acre or greater;
9.
Chicken coops or pens must be at
least fifteen (15) feet from any part of a residential dwelling or
place of business on adjoining properties. Chicken coops or pens must
be set back at least fifteen (15) feet from any boundary or property
line and at least five (5) feet from any other backyard structure
such as a shed, garage, pool, etc. No part of the coop or pen may
be attached to any building or structure on the premises;
10.
Chicken coops and pens may only be
kept in a rear yard and must provide four (4) square feet of coop/pen
per chicken harbored therein. The coop must have a hard roof, and
the coop and enclosed pen must be completely secured from predators.
Only one (1) coop and pen is allowed per residence. The coop and pen
shall appear professional in design and workmanship. Tarp roofs, wooden
pallet walls, and other materials not commonly used for chicken coops
and pens are not allowed;
11.
Fighting or aggressive chickens may
be not kept;
12.
Nothing in this Section shall be
deemed to preclude the enforcement of any violation of any City ordinances
committed in connection with the keeping of chickens, notwithstanding
the issuance of such permit;
13.
By applying for a permit under this
Section, the property owner authorizes City officials at all reasonable
times and in a reasonable manner to enter upon and inspect the property
with respect to which such permit is applied for to determine whether
the keeping of chickens violates this Section or any other applicable
ordinances;
14.
The initial fee for a permit shall
be fifty dollars ($50.00) to help defray costs of inspection and enforcement,
payable on issuance of the permit. The annual fee for each following
year shall be twenty-five dollars ($25.00) and shall be due on January
31 of each year;
15.
The steps to own chickens are as
follows: (1) Submit a plan/pictures/a materials list to the Animal
Control Officer. (2) Wait for notification of approval or any changes
that need to be made. (3) Build pen/coop and then notify the Animal
Control Officer that you are ready for an inspection. (4) The Animal
Control Officer inspects the pen/coop and, if approved, will affix
a laminated permit to the coop. (5) Populate the enclosure with up
to three (3) hens;
16.
The City Animal Control Officer shall
ensure that the permit owner acknowledges in writing that the owner
has been advised by the City: (1) that the ordinance allowing chickens
may be amended or repealed at any time and that the owner acquires
no vested rights to have or raise chickens by virtue of the issuance
of the permit; and (2) that the keeping and handling of chickens may
cause health hazards and that adequate health precautions are the
responsibility of the owner.
[R.O. 1998 § 210.400; Ord. No. 3122, 8-6-2018]
A.
The City Animal Control Officer shall revoke
any permit issued for the keeping of chickens for violation of any
of the conditions stated in this Chapter or if any of the following
conditions are found to exist:
B.
Actions to be taken:
1.
If a complaint is filed regarding
a violation of any of the conditions stated in this Chapter, or in
the absence of a complaint in the discretion of the City Animal Control
Officer, an investigation of any potential violations shall be made
by the City Animal Control Officer. If the investigation substantiates
the existence of a violation of such conditions, a letter shall be
sent by regular mail to the property owner notifying the property
owner of such violation and that same shall be corrected within not
less than ten (10) days and that such property owner shall be responsible
for notifying the City Animal Control Officer by certified mail, or
other reasonable methods approved by the City Animal Control Officer,
that such violations have been corrected and requesting a re-inspection
to verify that such violations have been corrected. In the event the
property owner shall fail to notify the City Animal Control Officer
of such correction within ten (10) days or in the event that a re-inspection
does not verify such correction, the permit shall be revoked.
C.
Permit revocations under this Section may
be appealed as follows:
1.
Appeals must be filed within ten
(10) days after the revocation notice is mailed by regular mail.
2.
Appeals shall be determined following
a hearing before the City Animal Control Board.
3.
At least ten (10) business days'
notice of the hearing shall be given to the property owner by regular
mail.
4.
The property owner and any other
interested party may appear at the hearing and testify and present
evidence concerning the conditions giving rise to the revocation.
D.
The permittee shall provide the City with
an electronic mail or messaging address, if available, and the City
may also send any notices to such address, but the responsibility
to receive such message shall be on the permittee.
E.
The City Animal Control Officer may approve
other methods of mailing or messaging.
