[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:
Nonhuman vertebrate.
Off the premises of the owner unless:
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
The animal is within a motor vehicle; or
The animal is housed within a veterinary hospital, licensed
kennel, pet shop, designated off-leash dog park or animal shelter;
or
The animal is trained and used by a government agency and accompanied
by the appropriate government agency handler.
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]
Any member of the feline species, male or female, neutered
or unneutered.
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.
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.
Any of the following:
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]
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.
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.
For the purposes of this article, all of the following animals:
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.
A member of the family Hyaenidae of the order of carnivora,
including but not limited to hyenas.
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.
A member of the family Ursidae of the order carnivora, including
bears and pandas.
A member of the family rhinoceros tidae of the order perissodactyla,
which is a rhinoceros.
A member of the order proboscidea, which is any species of elephant.
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.
A member of the order crocodilian, including but not limited
to alligators, caimans, crocodiles, crocodile monitors.[1]
A member of the order squamata, which is any of the following:
A member of the family varanidae, which is limited to water
monitors and crocodile monitors.
A member of the family atractaspididae, including but not limited
to mole vipers and burrowing asps.
A member of the family helodermatidae, including but not limited
to beaded lizards and gila monsters.
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.
A member of the superfamily henophidia, which is limited to
reticulated pythons, anacondas and African rock pythons.
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.
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]
Any member of the canine species, male or female, neutered
or unneutered.
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.
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.
Any person owning, keeping, sheltering or harboring an animal.
The nonlethal process of humanely trapping, sterilizing,
vaccinating, eartipping and returning community cats to their original
location.
Any of the following:
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.
Any animal engaging in or found to have been trained to engage
in exhibitions of fighting.
Any animal previously declared dangerous or vicious pursuant
to this article or that of another municipality.
"Vicious animal" does not include the following:
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.
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.
Any animal taking action to defend or protect a human being
or other animal from an unjustified attack or assault.
Any animal used in connection with lawful activities of law
enforcement officials.
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.
It is unlawful for the owner of an animal to allow or permit
such animal to pass upon the premises of another thereby causing damage
to, or interference with, the premises.
[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.
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]
The following scheduled fines are fixed for violations of the
designated sections of this article:
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:
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.
A member of the subspecies Gallus Gallus Domesticus, a domesticated
fowl. "Chicken" includes "duck" when the permitting officer has issued
a permit therefor.
A member of the subspecies Anatidae Anseriformes, a fowl.
Any building that contains multiple units intended to be
occupied for short- or long-term care or recovery of individuals.
The tract of land as identified by the application upon which
a permit is granted for keeping chickens pursuant to this article.
An applicant who has been granted a permit to raise, harbor
or keep chickens pursuant to this article.
The person so designated by the City Manager.
Any building that contains only one dwelling unit used, intended,
rented, leased, let or hired to be occupied for living purposes.
An expanse of land identified by address legally described
with definitive boundaries.
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 permit shall not allow the permittee to engage in chicken
breeding or fertilizer production for commercial purposes.
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.
(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.
