[HISTORY: Adopted by the City Council of the City of Marion as indicated in article histories. Amendments noted where applicable.]
[Adopted by Ord. No. 19-27 (Ch. 55 of the 2000 Code)]
As used in this article, the following terms shall have the meanings indicated:
ANIMAL
Nonhuman vertebrate.
AT LARGE
Off the premises of the owner unless:
A. 
The animal is on a leash, cord, chain or similar restraint not more than six feet in length and under the control of the person holding said leash, cord, chain or similar restraint; or
B. 
The animal is within a motor vehicle; or
C. 
The animal is housed within a veterinary hospital, licensed kennel, pet shop, designated off-leash dog park or animal shelter; or
D. 
The animal is trained and used by a government agency and accompanied by the appropriate government agency handler.
BOTHERSOME ANIMAL
Bees or other stinging insects, cattle, goats, horses, sheep, poultry, fowl, goats (except female pygmy goats) or swine (except for Vietnamese pot-bellied pigs) not permitted by this article or Chapter 117, Article II, Urban Chickens and Ducks, of the Code of Ordinances.
[Amended 3-23-2023 by Ord. No. 23-02]
CAT
Any member of the feline species, male or female, neutered or unneutered.
COMMUNITY CAREGIVER
A resident who has attended training through a nonprofit, governmental or private agency that provides services related to trap-neuter-return programming and is actively participating in a trap-neuter-return program.
COMMUNITY CAT
Any free-roaming cat which meets the requirements set forth in § 117-24 of this article that may be cared for by one or more community caregivers; a community cat may or may not be feral.
DANGEROUS ANIMAL
A. 
Any of the following:
(1) 
An animal which, while at large, attacks or attempts to attack a person or other domestic animal upon streets, sidewalks or any public grounds.
[Amended 3-23-2023 by Ord. No. 23-02]
(2) 
Any specific animal with a known propensity, tendency or disposition to attack when unprovoked, to cause injury or to threaten the safety of humans or domestic animals.
B. 
The classification of any animal as a dangerous animal is a presumption which may be rebutted, with the burden of proof being on the owner of said animal to establish by a preponderance of the evidence that said animal is not a present danger to people or domesticated animals.
DANGEROUS WILD ANIMAL
For the purposes of this article, all of the following animals:
A. 
A member of the family Canidae of the order carnivora, including but not limited to wolves, coyotes and jackals. However, a dangerous wild animal does not include a domestic dog.
B. 
A member of the family Hyaenidae of the order of carnivora, including but not limited to hyenas.
C. 
A member of the family Felidae of the order carnivora, including but not limited to lions, tigers, cougars, leopards, cheetahs, ocelots, and servals. However, a dangerous wild animal does not include a domestic cat.
D. 
A member of the family Ursidae of the order carnivora, including bears and pandas.
E. 
A member of the family rhinoceros tidae of the order perissodactyla, which is a rhinoceros.
F. 
A member of the order proboscidea, which is any species of elephant.
G. 
A member of the order primates other than humans, and including the following families: callitrichidae, cebidae, cercopithecidae, cheirogaleidae, daubentoniidae, galagonidae, hominidae, hylobatidae, indridae, lemuridae, lorisidae, megaladapidae, or tarsiidae. A member includes but is not limited to marmosets, tamarins, monkeys, lemurs, galagos, bushbabies, great apes, gibbons, lesser apes, indris, sifakas and tarsiers.
H. 
A member of the order crocodilian, including but not limited to alligators, caimans, crocodiles, crocodile monitors.[1]
I. 
A member of the order squamata, which is any of the following:
(1) 
A member of the family varanidae, which is limited to water monitors and crocodile monitors.
(2) 
A member of the family atractaspididae, including but not limited to mole vipers and burrowing asps.
(3) 
A member of the family helodermatidae, including but not limited to beaded lizards and gila monsters.
(4) 
A member of the family elapidae, viperidae, crotalidae, atractaspididae or hydrophidae which are venomous, including but not limited to cobras, mambas, coral snakes, kraits, adders, vipers, rattlesnakes, copperheads, pit vipers, keelbacks, cottonmouths and sea snakes.
(5) 
A member of the superfamily henophidia, which is limited to reticulated pythons, anacondas and African rock pythons.
J. 
An animal which is the offspring of an animal listed above and another animal listed above or any other animal. It also includes animals which are the offspring of each subsequent generation. However, the offspring of a domestic dog and a wolf, or the offspring from each subsequent generation in which at least one parent is a domestic dog, are not dangerous wild animals.
K. 
Swine which is a member of the species sus scrofa linnaeus, including but not limited to swine commonly known as "Russian boar" or "European boar" of either sex.
[Added 3-23-2023 by Ord. No. 23-02]
DOG
Any member of the canine species, male or female, neutered or unneutered.
EARTIPPING
The removal of the 1/4 inch tip of a community cat's left ear, performed while the cat is under anesthesia in compliance with any applicable federal or state law, and under the supervision of a licensed veterinarian. Eartipping is the universally accepted identification method for community cats which have been lawfully sterilized and vaccinated.
LIVESTOCK
An animal belonging to the bovine, caprine, equine, ovine or porcine species; farm deer, as defined in § 170.1 of the Code of Iowa; ostriches, rheas, emus or poultry.
OWNER
Any person owning, keeping, sheltering or harboring an animal.
TRAP-NEUTER-RETURN
The nonlethal process of humanely trapping, sterilizing, vaccinating, eartipping and returning community cats to their original location.
VICIOUS ANIMAL
A. 
Any of the following:
(1) 
Any animal which inflicts injury by attacking or biting a human being or other domestic animal one or more times, without cause, justification or provocation shall be presumed vicious. This presumption may be rebutted, with the burden of proof being on the owner of said animal to establish by a preponderance of the evidence that said animal is not a present danger to people or domesticated animals.
(2) 
Any animal engaging in or found to have been trained to engage in exhibitions of fighting.
(3) 
Any animal previously declared dangerous or vicious pursuant to this article or that of another municipality.
B. 
"Vicious animal" does not include the following:
(1) 
Any animal, not at large, that inflicts injury or damage on a person committing a willful trespass, other tort or committing or attempting to commit a crime upon premises occupied by the owner or lessee of the animal.
(2) 
Any animal, not at large, that inflicts injury or damage on another domestic animal which encroaches on the premises occupied by the owner or lessee of the animal.
(3) 
Any animal taking action to defend or protect a human being or other animal from an unjustified attack or assault.
(4) 
Any animal used in connection with lawful activities of law enforcement officials.
WALKER
Any person having control over or attempting to have control over an animal when it is off the premises of its owner.
[1]
Editor's Note: Original Subsection 9, referencing certain members of the family varanidae, which immediately followed this subsection, was repealed 3-23-2023 by Ord. No. 23-02.
It is unlawful for a person who impounds or confines, in any place, an animal, excluding livestock, to fail to supply the animal during confinement with a sufficient quantity of food or water, or to fail to provide a confined dog or cat with adequate shelter, or to torture, deprive of necessary sustenance, mutilate, beat or kill such animal by any means which causes unjustified pain, distress or suffering.
It is unlawful for a person who impounds or confines livestock in any place to fail to provide the livestock with care consistent with customary animal husbandry practices or to deprive the livestock of necessary sustenance or to injure or destroy livestock by any means which causes pain or suffering in a manner inconsistent with customary animal husbandry practices.
A person who has ownership or custody of a cat or dog shall not abandon the cat or dog, except the person may deliver the cat or dog to another person who will accept ownership and custody or the person may deliver the cat or dog to an animal shelter or pound. This section shall not apply to community cats or community caregivers.
It is unlawful for an animal to run at large within the corporate limits of the City. Any violation of this section is a scheduled offense, and the owner of any animal running at large within the corporate limits shall be subject to the fines set forth in § 117-21A of this article. This section shall not apply to community cats.
Animals found at large in violation of this article may be seized and impounded at the impoundment facilities utilized by the City; or at the discretion of the peace officer, the owner may be served a summons to appear before a proper court to answer charges made thereunder. This section shall not apply to community cats.
[Amended 3-23-2023 by Ord. No. 23-02]
It is unlawful for the owner of a dog to allow or permit such dog to cause serious annoyance or disturbance to any person or persons by frequent and habitual howling, yelping, barking or otherwise; or by running after or chasing persons, bicycles, automobiles or other vehicles. The owner of or anyone harboring any animal in violation of this section shall be fined in accordance with § 117-21 of this article.
No person shall own, keep or harbor a vicious, dangerous or bothersome animal within the City. Animals kept in the following circumstances are excluded from this requirement:
A. 
Public zoos, fully accredited educational or medical institutions; public museums where such animals are kept as live specimens for public viewing; or animals kept for the purpose of instruction or research.
B. 
Exhibitions to the public by a traveling circus, carnival, exhibit or show.
C. 
Dangerous animals in a licensed veterinary hospital for treatment.
D. 
Dangerous animals under the jurisdiction of and in the possession of the State Department of Natural Resources.
E. 
Animals possessed under authority of a state-issued game breeder's license or scientific collector's license.
F. 
Dangerous animals maintained by the federal, state or county government or its designee, pursuant to the enforcement of this article.
Any animal which is suspected of being vicious or dangerous may be seized and impounded. Contemporaneously with such seizure, the owner of the animal shall be charged with violating § 117-9 of this article. In the event the animal cannot be seized without exposing a person to danger of personal injury, the animal may be destroyed.
A. 
If the animal has been seized and the owner is ultimately found not guilty of violating § 117-9 of this article, the animal involved shall be returned to the owner, and the owner shall bear no costs of the confinement.
B. 
If the owner is found or pleads guilty of violating § 117-9 of this article, seized animals shall be returned to the owner only upon full payment of the confinement expenses. Regardless of whether the animal was initially seized and impounded or not, an owner who pleads or is found guilty of violating § 117-9 of this article may be ordered to make provisions for, and carry out, permanent removal of the dangerous animal from the corporate limits of the City within 72 hours following sentencing. A dangerous animal may be destroyed if appropriate conditions or provisions cannot be met or made to allow release of said animal, after notice to and hearing for the owner or person harboring the animal.
No person shall harbor or maintain such number of animals as to create unhealthful or unsanitary conditions for the humans or animals occupying the premises or create any other conditions constituting a nuisance. If such conditions exist, the City Manager is authorized to make an investigation; and after notice to and hearing for the person harboring or maintaining the animals, the City Manager may order such number of animals be moved from the residence or premises to remedy or correct the unhealthful, unsanitary or other conditions constituting a nuisance. Upon the failure of the person to follow the orders issued by the City Manager, appropriate action may be pursued in the courts either to enforce the order of the City Manager and/or to correct the conditions and/or to abate the nuisance. This section shall not apply to community cats or community caregivers.
A. 
An owner shall keep all structures, pens, coops or yards wherein animals are confined clean, devoid of vermin and free of odors arising from feces.
B. 
No owner or walker of any animal shall permit the animal to discharge feces upon any public or private property, other than the property of the owner of the animal. The owner shall be deemed to permit the animal's discharge of feces if the owner does not immediately thereafter take steps to remove and clean up the feces from the property.
C. 
All feces removed as aforesaid shall be placed in an airtight container and shall be stored in a sanitary manner in an appropriate refuse container until it is removed pursuant to refuse collection procedures or otherwise disposed of in a sanitary manner.
D. 
An owner may, as an alternative to Subsection C, collect the feces and turn it under the surface of the owner's soil in any manner that prevents odor or collection of vermin.
E. 
No person shall feed or harbor feral, stray, free-roaming or at-large animals. This includes leaving food out for animals not at large if the food can be accessed by feral, stray, free-roaming, wild or at-large animals in such a manner that it constitutes a nuisance by creating an unhealthy, unsanitary, dangerous or harmful condition or interferes with the enjoyment of public or private property. This provision does not apply to the temporary harboring of an animal at large when the animal is being sheltered or confined until such time as the owner or animal control can collect the animal. This section shall not apply to community cats or community caregivers, nor does it apply to domestic animals for which permits are granted.
F. 
The owner of or anyone harboring any animal in violation of this section shall be fined in accordance with § 117-21 of this article.
[Added 3-23-2023 by Ord. No. 23-02]
No person shall stake or otherwise tie or fasten an animal in a way that permits the animal to pass onto, over or across any public sidewalk, street or alley or private property other than the property of the owner.
[Amended 3-23-2023 by Ord. No. 23-02; 6-8-2023 by Ord. No. 23-11]
No animal shall be allowed in any City park, pavilion, playground, food vendor or ball field in a City park or golf course unless it is attached to a leash not more than six feet in length and of sufficient strength to restrain the animal when the leash is held by a person capable of restraining and controlling the animal. No animal, except for service animals, shall be allowed in any City pool or splash pad, except at such times and under such conditions as specified by the Parks Department. Designated dog parks are exempt from these provisions. The owner of or anyone harboring any animal in violation of this section shall be fined in accordance with § 117-21 of this article. Nothing in this section is intended to prevent the City or any private entity from prohibiting animals at events.
A. 
It is unlawful for any person to own, keep or harbor a cat or dog over four months of age which has not been currently vaccinated against rabies in accordance with the Compendium of Animals Rabies Control as compiled by the National Association of State Public Health Veterinarians. Dogs kept in a state or federally licensed kennel and which are kept under constant restraint are not subject to provisions of this section.
B. 
Every cat or dog which is over four months of age shall wear a collar with a valid rabies vaccination tag attached to the collar when outside the owner's dwelling.
C. 
Cats and dogs shall be licensed by their owners through the procedure by which the rabies vaccination tag and certificate are obtained. The rabies vaccination tag and certificate shall be the license required by this article.
D. 
The owner of any dog or cat within the City which is subject to vaccination in accordance with the provisions of this article shall have such dog or cat vaccinated against rabies by a licensed veterinarian in such a way as to maintain said dog's or cat's immunity from rabies.
E. 
The owner shall attach a permanent identification device to the cat's or dog's collar which contains the address and/or telephone number of the cat's or dog's owner or veterinarian, unless the information is engraved on the rabies vaccination tag. The owner shall notify the veterinarian who vaccinated the cat or dog for rabies of any change of address within five days of moving. When permanent ownership of a cat or dog is transferred, the original owner must notify the veterinarian who vaccinated said cat or dog for rabies of the transfer and provide the new owner's name, address and telephone number within five days after the transfer.
F. 
The owner of or anyone harboring any animal found in violation of this section shall be fined in accordance with § 117-21 of this article.
G. 
This section shall not apply to community cats or community caregivers when the animal in question has not yet been caught for vaccination.
The owner of any female animal in heat shall confine said animal inside the house or building on the owner's premises during the heat period. The owner may remove the animal in heat from such premises for the purpose of defecating, urinating, breeding and/or appointments with the veterinarian, provided the animal is on a leash, cord, chain or similar restraint not more than six feet in length and is under control of the owner. The owner of any animal found in violation of this section shall be fined in accordance with § 117-21 of this article. This section shall not apply to community cats or community caregivers.
A. 
It is the duty of the owner of any dog, cat or other animal which has bitten or attacked a person or any person having knowledge of such bite or attack to report this act to a local health or law enforcement official. It is the duty of physicians and veterinarians to report to the local board of health the existence of any animal known or suspected to be suffering from rabies.
B. 
It is the duty of the owner of any dog, cat or other animal which has bitten or attacked a person to provide the victim with their homeowner's insurance information.
C. 
It shall be unlawful for an owner to permit an animal to run at large in violation of § 117-5 of this article. This subsection shall not apply to community caregivers.
[Amended 3-23-2023 by Ord. No. 23-02]
D. 
It shall be unlawful to transport an animal other than in the interior of a vehicle. Exception: An animal may be transported in the bed of a pickup truck if it is confined in an enclosed pickup bed (e.g., pickup with topper) or confined in a secured carrier or crate made of wood, metal slats or plastic that provides adequate protection from the elements and is appropriate for the animal's condition, age, size and species and with air vents and a latching door.
E. 
It shall be unlawful for any person to allow any animal to remain unattended in a motor vehicle when the animal's life, health or safety is threatened.
F. 
It is unlawful for any person to leave a domesticated animal at any location within the City without providing for the animal's continued care and treatment.
If a local board of health receives information that an animal has bitten a person or that a dog or animal is suspected of having rabies, the board shall order the owner to confine such animal in the manner it directs. If the owner fails to confine such animal in the manner directed, the animal shall be apprehended and impounded by such board, and after 10 days the board may humanely destroy the animal. If such animal is returned to its owner, the owner shall pay the cost of impoundment. This section does not apply if a police service dog or horse used by a law enforcement agency and acting in the performance of its duties has bitten a person.
Police service dogs of the Marion Police Department and those of other law enforcement agencies operating within the City are exempt from the provisions of this article.
[Amended 3-23-2023 by Ord. No. 23-02]
No person shall keep within the City any bothersome animal, except as may be permitted in an AG Agricultural Holding Zoning District or as allowed in Chapter 117, Article II, Urban Chickens and Ducks, or Chapter 340, Zoning, of the Code of Ordinances.
The following scheduled fines are fixed for violations of the designated sections of this article:
A. 
For violation of § 117-5 (running at large):
(1) 
First offense: $75.
(2) 
Second offense committed within one calendar year: $150.
(3) 
Third and subsequent offense(s) committed within one calendar year: $300.
(4) 
Penalties are doubled for unaltered animals.
B. 
For violation of § 117-12 (sanitary conditions):
(1) 
First offense: $75.
(2) 
Second offense committed within one calendar year: $150.
(3) 
Third and subsequent offenses committed within one calendar year: $300.
C. 
For violation of § 117-14 (animals in parks and on golf courses):
(1) 
First offense: $75.
(2) 
Second offense committed within one calendar year: $150.
(3) 
Third and subsequent offenses committed within one calendar year: $300.
D. 
For violation of § 117-15 (rabies vaccination):
(1) 
First offense: $75.
(2) 
Second offense committed within one calendar year: $150.
(3) 
Third and subsequent offenses committed within one calendar year: $300.
E. 
For violation of § 117-15 (rabies vaccination tags):
(1) 
First offense: $75.
(2) 
Second offense committed within one calendar year: $150.
(3) 
Third and subsequent offenses committed within one calendar year: $300.
F. 
For violation of § 117-16 (confinement of females):
(1) 
First offense: $75.
(2) 
Second offense committed within one calendar year: $150.
(3) 
Third and subsequent offenses committed within one calendar year: $300.
G. 
For violation of § 117-8 (annoyance or disturbance):
(1) 
First offense: $75.
(2) 
Second offense committed within one calendar year: $150.
(3) 
Third and subsequent offenses committed within one calendar year: $300.
Except as noted in § 162.11 of the Iowa Code, a person shall not operate a pound or shelter without a certificate of registration granted by the Secretary of the Department of Agriculture and Land Stewardship under Chapter 162 of the Iowa Code. Except as noted in § 162.11 of the Iowa Code, a person shall not operate as a pet shop, commercial kennel, public auction, dealer, commercial breeder, boarding kennel, nor research facility without a license or certificate of registration granted by the Secretary of the Department of Agriculture and Land Stewardship under Chapter 162 of the Iowa Code. Each day of operation in violation of this section is a separate offense.
No person shall own, keep or harbor a dangerous wild animal within the City. Animals kept in circumstances allowed under Chapter 717F of the Code of Iowa are excluded from this prohibition.
A. 
A free-roaming cat must meet the following requirements in order to be designated a community cat:
(1) 
The cat must not be owned by any person.
(2) 
The cat must be assessed by a licensed veterinarian and deemed healthy.
(3) 
The cat must be spayed or neutered.
(4) 
The cat must be vaccinated against rabies, feline rhinotracheitis, calcivirus, and panleukopenia.
(5) 
After requirements A(1) through (4) are met, the cat shall be eartipped by the same veterinarian that made the health assessment.
B. 
Any free-roaming cat that has met the requirements above through a trap-neuter-return program shall be returned to the same area where it was trapped or impounded, unless it was trapped on private property and the owner of said private property requests that the cat not be returned.
[Amended 3-23-2023 by Ord. No. 23-02]
C. 
Community caregivers shall make reasonable attempts to revaccinate community cats in their care in accordance with the directions of a veterinarian.
D. 
Any community cat which creates or constitutes a nuisance may be captured and impounded. For purposes of this section, a nuisance is any violation of any section of this article for which there is not an express exception for community cats or any other behavior or condition which interferes with the health, safety or enjoyment of life or property of a human or another domestic animal.
E. 
The City shall have no liability for the disposition of any community cat or for damages or injuries caused by any community cat.
[Adopted by Ord. No. 16-03 (Ch. 55A of the 2000 Code)]
As used in this article, the following terms shall have the meanings indicated:
APPLICANT
The owner of the tract of land for which a permit is being requested; or the owner's representative in the case of a nursing, rest or convalescent home.
CHICKEN
A member of the subspecies Gallus Gallus Domesticus, a domesticated fowl. "Chicken" includes "duck" when the permitting officer has issued a permit therefor.
DUCK
A member of the subspecies Anatidae Anseriformes, a fowl.
NURSING, REST OR CONVALESCENT HOME
Any building that contains multiple units intended to be occupied for short- or long-term care or recovery of individuals.
PERMITTED TRACT OF LAND
The tract of land as identified by the application upon which a permit is granted for keeping chickens pursuant to this article.
PERMITTEE
An applicant who has been granted a permit to raise, harbor or keep chickens pursuant to this article.
PERMITTING OFFICER
The person so designated by the City Manager.
SINGLE-FAMILY DWELLING
Any building that contains only one dwelling unit used, intended, rented, leased, let or hired to be occupied for living purposes.
TRACT OF LAND
An expanse of land identified by address legally described with definitive boundaries.
URBAN CHICKEN
A chicken kept on a permitted tract of land pursuant to a permit issued under this article.
A. 
Permit required. No person shall raise, harbor or keep chickens or ducks within the City of Marion without a valid permit obtained from the permitting officer under the provisions of this article, except within the AG Agricultural Holding Zoning District.
[Amended 3-23-2023 by Ord. No. 23-02]
B. 
Application. In order to obtain a permit, an applicant must submit a completed application on forms provided by the permitting officer, either online or in paper form, and pay all fees required by this article.
C. 
Requirements. The requirements to the receipt of a permit include:
(1) 
All requirements of this article are met.
(2) 
All fees, as may be provided for from time to time by City Council resolution, for the permit are paid in full.
(3) 
All judgments in the City's favor and against the applicant have been paid in full.
(4) 
The tract of land to be permitted shall contain only one single-family dwelling occupied by the permittee or operate as a nursing, rest or convalescent home.
(5) 
The applicant has provided notice to the residents of all immediately adjacent dwellings of the applicant's intent to obtain a permit.
(6) 
The applicant has successfully completed an approved class in raising chickens in an urban setting and has submitted a certificate with the permit application. The permitting officer shall maintain a current list of such approved classes.
D. 
Issuance of permit. If the permitting officer concludes, as a result of the information contained in the application, that the requirements for a permit have been met, then the officer shall issue the permit.
E. 
Denial, suspension, revocation, nonrenewal. The permitting officer may deny, suspend, revoke or decline to renew any permit issued for any of the following grounds:
(1) 
False statements on any application or other information or report required by this section to be given by the applicant.
(2) 
Failure to pay any application, penalty, reinspection or reinstatement fee required by this section or City Council resolution.
(3) 
Failure to correct deficiencies noted in notices of violation in the time specified in the notice.
(4) 
Failure to comply with the provisions of an approved mitigation/remediation plan by the permitting officer, or designee.
(5) 
Failure to comply with any provision of this article.
F. 
Notification. A decision to revoke, suspend, deny or not renew a permit shall be in writing, delivered by ordinary mail or in person to the address indicated on the application. The notification shall specify reasons for the action.
G. 
Effect of denial, revocation or nonrenewal. When an application for a permit is denied, or when a permit is revoked, the applicant may not reapply for a new permit for a period of one year from the date of the denial or revocation.
H. 
Appeals. No permit may be denied, suspended, revoked or not renewed unless notice and an opportunity to be heard is given the applicant or holder of the permit. In any instance where the permitting officer has denied, revoked, suspended or not renewed a permit, the applicant or holder of an urban chicken permit may appeal the decision to the City Manager or designee other than the permitting officer within 10 business days of receipt by the applicant or holder of the permit of the notice of the decision. The applicant or holder of the permit will be given an opportunity for a hearing. The decision of the officer hearing the appeal, or any decision by the permitting officer which is not appealed in accordance with this article, shall be deemed final action.
Permits will be granted only for tracts of land located in residential or planned development residential districts as identified on the Official Zoning Map on file with the City of Marion or operating as a nursing, rest or convalescent home and which do not have restrictive covenants that prohibit chickens or ducks.
A. 
Chickens must be kept in an enclosure or fenced area at all times. Chickens shall be secured within a henhouse or chicken tractor during nondaylight hours.
B. 
Enclosures must be kept in a clean, dry, odor-free, neat and sanitary condition at all times.
C. 
Henhouses, chicken tractors and chicken pens must provide adequate ventilation and adequate sun and shade and must be impermeable to rodents, wild birds and predators, including dogs and cats.
D. 
Henhouses and chicken tractors.
(1) 
Henhouses and chicken tractors shall be designed to provide safe and healthy living conditions for the chickens, with a minimum of four square feet per bird, while minimizing adverse impacts to other residents in the neighborhood.
(a) 
A henhouse or chicken tractor 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 birdproof wire of less than one-inch openings.
(b) 
The materials used in making a henhouse or chicken tractor 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. Henhouses and chicken tractors shall be well maintained.
(2) 
Henhouses, chicken tractors and chicken pens shall only be located in the rear or side yard as defined by Chapter 340, Zoning, Article II, § 176.06, Definitions, of the Code of Ordinances. At no time may said structures be located in the corner side yard or the front yard of any property.
(3) 
Henhouses, chicken tractors and chicken pens must be located at least 10 feet from the property line and at least 25 feet from any adjacent residential dwelling, church, school or place of business.
E. 
Any enclosed chicken pen shall consist of sturdy wire fencing. The pen must be covered with wire, aviary netting or solid roofing.
F. 
Upon ceasing to maintain chickens or ducks on the property, all enclosures related to them shall be removed from the premises within 30 days.
A. 
Odors from chickens, chicken manure or other chicken-related substances shall not be perceptible beyond the boundaries of the permitted tract of land.
B. 
Noise from chickens shall not be loud enough beyond the boundaries of the permitted tract of land at the property boundaries to disturb persons of reasonable sensitivity.
The permittee shall take necessary action to reduce the attraction of predators and rodents and the potential infestation of insects and parasites. Chickens found to be infested with insects and parasites that may result in unhealthy conditions to human habitation may be removed by a Marion Animal Control Officer.
Chickens shall be provided with access to feed and clean water at all times. The feed and water shall be unavailable to rodents, wild birds and predators.
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 on the permitted tract of land. All other manure not used for composting or fertilizing shall be removed. The henhouse, chicken tractor, chicken pen and surrounding area must be kept free from trash and accumulated droppings. Uneaten feed shall be removed in a timely manner.
A. 
The permittee shall not allow the permittee's chickens to roam off the permitted tract of land. A dog or cat or other domesticated animal which kills a chicken off the permitted tract of land will not, for that reason alone, be considered a dangerous or aggressive animal or the City's responsibility to enforce its animal control provisions.
[Amended 3-23-2023 by Ord. No. 23-02]
B. 
The permittee shall place and keep leg bands on all of their chickens showing the permit number.
A. 
It shall be unlawful for any person to keep chickens in violation of any provision of this article or any other provision of the Code of Ordinances.
B. 
It shall be unlawful for any owner, renter or leaseholder of property to allow chickens to be kept on the property in violation of the provisions of this article.
C. 
No person shall keep chickens inside a single-family dwelling unit, multifamily dwelling unit(s), nursing, rest or convalescent home or rental unit.
D. 
No person shall slaughter any chickens within the City of Marion.
E. 
No person shall keep a rooster.
F. 
No person shall keep chickens on a vacant or uninhabited tract of land.
Any violation of the terms 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 Chapter 223, Nuisance Abatement, of the Code of Ordinances.
The permitting officer may also issue permits for ducks subject to the same terms and conditions that apply to chickens under this article or so many as the permitting officer deems reasonably applicable.