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This section is promulgated pursuant to 30-A M.R.S.A. § 4352, the Charter of the City of Old Town, and its Home Rule Authority granted by the Constitution of Maine, Article VIII, Part Second.
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The purpose of this section is to provide standards for the keeping of domesticated chickens by residents of the City of Old Town on residential lots within certain areas of the City of Old Town, on which the keeping of domesticated chickens is subject to additional permit requirements in light of certain health and safety concerns due to the unique conditions of said areas. In the zones where this section applies, to the intent is to allow residents to keep a small number of female domesticated chickens, on a non-commercial basis, on residential lots, while also ensuring that the presence of domesticated chickens does not adversely impact the surrounding properties, neighborhoods, or City as a whole.
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Except as specifically defined herein, in § 102 of the Zoning Ordinance, City of Old Town, Maine, or in § 1-2 of the Revised Code of Ordinances, City of Old Town Maine, all words in this section shall carry their customary dictionary meanings. For the purpose of this section, certain words or terms used herein are to be construed or defined as follows:
A female domesticated bird that is raised for meat or eggs and does not include a fully mature domesticated male chicken. The following poultry or fowl are not considered to fall under this definition: ducks; emus; geese; guineafowl; ostriches; partridge; pigeons; pheasant; quail; swans; and turkeys.
The total area for a chicken or group of chickens. This area is made up of the chicken pen and henhouse.
A fully enclosed and secure outdoor area that serves as a clean, sanitary, and odor-free space for chickens to explore, scratch, and forage during daylight hours, and that is not accessible by predators.
The practice of allowing chickens to roam freely, outside of a chicken coop, for at least part of the day.
A structure that is not accessible by predators or rodents that serves as a clean, dry, odor-free, and sanitary place for chickens to roost and lay eggs, while also providing protection from weather elements such as rain, wind, and snow.
A person that possesses a valid permit under this section for the keeping of chickens.
A person who holds legal title to a lot of land or piece of real property.
A person who resides on real property in the City of Old Town, this person does not have to be the property owner.
A lot of land located in the City of Old Town upon which the principal structure is a dwelling unit and/or the principal use is residential even if the dwelling unit or residential use is a nonconforming use or structure.
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(a)
General provisions of Code of Ordinances. The general provisions of the Revised Code of Ordinances, City of Old Town Maine, are incorporated by reference.
(b)
Conflict. Where this section imposes a greater restriction upon land, buildings or structures than is imposed or required by any such provision of law, ordinance, contract or deed, the provisions of this section shall prevail.
(c)
Restrictive covenants and deed restrictions. This section shall not be construed to interfere with, abrogate or annul the validity or enforceability of any valid or enforceable covenant, deed restriction or other agreement or instrument between private parties that imposes greater restrictions than those provided in this section, including prohibiting the keeping of chickens, as long as the agreement does not abrogate rights under the United States Constitution or the Constitution of Maine.
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(a)
Generally.
(1)
Chickens must be kept in a secured chicken coop at all times during the day and night.
(2)
At no time shall chickens be permitted to free-range.
(3)
At no time shall chickens be permitted to be kept inside a dwelling unit or its attached structures.
(4)
Chicken coops must be located in the rear or side yard of the property and may not be located between the dwelling unit and any public or private roadway.
(5)
Chicken coops must be clean, dry, odor-free, and kept in a neat and sanitary condition at all times, in a manner that will not disturb the use or enjoyment of abutters due to noise, odor or other adverse impact.
(6)
No more than one henhouse and one chicken pen may be located on any residential lot.
(7)
Chickens must be provided with access to feed and clean water at all times; such feed and water shall be inaccessible by rodents, wild birds and predators.
(8)
A building permit is required for the construction of a chicken coop. Any building permit fees and requirements are in addition to the permit fees and requirements prescribed in this section for the keeping of chickens.
(b)
Henhouse.
(1)
Chickens must be provided with a henhouse that meets the dimensional requirements set forth in § 113.08.
(2)
A henhouse may not be located inside, or attached to, a dwelling unit or its attached structures.
(3)
A henhouse must be designed to provide safe and healthy living conditions for chickens while minimizing adverse impacts to abutters.
(4)
A henhouse shall be fully enclosed with doors and windows that can be securely fastened. Windows and vents must be covered with predator- and bird-proof wire of less than one-inch openings.
(5)
A henhouse shall be well maintained and enclosed on all sides, including the top, and must be impermeable to rodents, wild birds, and predators, including dogs and cats.
(6)
Materials used in the construction of a henhouse must be of sufficient type and quality to achieve the standards of this section.
(7)
Chickens must be secured inside a henhouse during non-daylight hours.
(c)
Chicken pen.
(1)
Chickens must be provided with a chicken pen that meets the dimensional requirements set forth in § 113.08.
(2)
A chicken pen may not be located inside, or attached to, a dwelling unit or its attached structures.
(3)
A chicken pen shall be attached to the henhouse and the walls shall be constructed of sturdy wire fencing and buried at least 12 inches in the ground. The roof shall be covered with wire, aviary netting, or solid roofing in a manner to prevent the escape of chickens or the entry of predators. The use of chicken wire is not permitted.
(4)
Any entrance to the chicken pen, whether for access by humans or chickens, must be able to be fastened securely closed and effective at keeping out to rodents, wild birds, and predators, including dogs and cats.
(5)
A chicken pen must be impermeable to rodents, wild birds, and predators, including dogs and cats.
(6)
Chickens may only have access to the chicken pen during daylight hours.
(d)
Inspections.
(1)
Any resident, including the property owner if they are different, who applies for a permit for the keeping of chickens pursuant to this section consents to an inspection of the residential lot and chicken coop by the Code Enforcement Officer, or their designee, to ensure compliance with this section for the purpose of issuing a permit.
(2)
Any resident, including the property owner if they are different, who has obtained a permit under this section consents to periodic inspections of their chicken coop and residential lot, without prior notice, at any time during the year their permit is valid, to ensure continued compliance with this section.
(3)
Any resident, including the property owner if they are different, who applies to renew their permit for the keeping of chickens consents to an inspection of the residential lot and chicken coop by the Code Enforcement Officer, or their designee, to ensure compliance with this section for the purpose of renewing a permit.
(4)
One inspection is included in the cost of the initial permit application fee, and annual permit renewal fee.
(5)
If an initial application or renewal application inspection fails, the applicant shall pay a reinspection fee of $30 for the first reinspection. For each additional reinspection, the applicant shall pay $40.
(6)
The fee for the first reinspection after a notice of violation is issued shall be $40; each additional reinspection fee shall be $50. This fee is in addition to any fines that accrue because of the violation.
(7)
The City Council shall have the authority to adjust all inspection fees.
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(a)
Generally. The keeping of chickens authorized by this section shall not create a nuisance and shall be conducted in a manner that does not disturb the quiet enjoyment of abutting property owners or residents.
(b)
Odors. Odors from chickens, chicken manure, or other chicken-related substances shall not be perceptible at the property boundaries.
(c)
Noise. Perceptible noise from chickens shall not be loud enough at the property boundaries to disturb persons of reasonable sensitivity.
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(a)
Prevention. The property owner, and permit holder if they are different, shall be responsible for and shall take all necessary steps to reduce the attraction of rodents and predators, and prevent the infestation of insects and parasites.
(b)
Infestation. Chickens found to be infested with insects or parasites, or with infection that could result in a health or safety risk to human habitation, may be removed by the City, at its discretion. The cost of such removal shall be the responsibility of the property owner and permit holder.
(c)
Remediation. If the CEO determines that the property owner, and permit holder if they are different, is wholly or partially responsible for any infestation of insects, parasites, rodents, or other predators, said property owner and permit holder shall be responsible for the costs of any necessary mitigation or remediation work.
(d)
Illness. The property owner, and permit holder if they are different, shall promptly comply with all local, state, and federal rules, regulations, and guidance regarding illnesses, up to and including removal of the chickens. If the property owner and permit holder fail to comply, the CEO shall take any necessary compliance steps and the property owner and permit holder shall be wholly responsible for any costs fees incurred by the City as a result.
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The following provisions must be made for the sanitary storage and removal of chicken manure and other waste products related to the keeping of chickens.
(a)
Enclosed manure storage. All stored chicken manure for composting or fertilizing shall be contained in a fully enclosed structure with a sealed roof or lid. No more than one container of manure, up to 55 gallons in size, shall be stored on any residential lot permitted for the keeping of chickens.
(b)
Manure removal. All other chicken manure not used for composting or fertilizing shall be promptly removed from the residential lot no less frequently than one time a week.
(c)
Trash, droppings and uneaten food. The henhouse, chicken pen, and surrounding area must be kept free from trash, accumulated droppings, and other waste products generated from the keeping of chickens. Uneaten chicken feed shall be removed in a timely manner.
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(a)
Setbacks.
(1)
Chicken coops must be located a minimum of 20 feet from any property line, or a minimum of 50 feet from any dwelling unit located on an abutting property, whichever amount is greater.
(2)
Chicken coops must be located a minimum of 20 feet from any dwelling unit on the permitted residential lot.
(3)
Structures and containers for the storage of manure, either for composting and fertilizer or storage until regular sanitary disposal, must be located a minimum of 20 feet from any property line, or a minimum of 50 feet from any dwelling unit located on an abutting property, whichever amount is greater.
(4)
Structures and containers for the storage of manure, either for composting and fertilizer or storage until regular sanitary disposal, must be located a minimum of 20 feet from any dwelling unit on the permitted residential lot.
(b)
Size requirements.
(1)
Henhouse.
a.
A henhouse must have a minimum of four square feet per chicken. For example, if you want a permit for six chickens, your henhouse must be a minimum of 24 square feet in size.
b.
A henhouse must have a minimum of seven inches of perch per chicken. For example, if you want a permit for six chickens, your henhouse must have a minimum of 42 inches of perch space.
c.
A henhouse must have a minimum of one nest box for every three chickens. For example, if you want a permit for six chickens, you would need a minimum of two nest boxes in your henhouse.
(c)
Lot size. There is no minimum lot size required for the keeping of chickens; however, a lot must be able to meet the setback and size requirements set forth in this section.
(d)
Setback requirements table.
Setback for Structures and Containers | |||
|---|---|---|---|
Structure or Container | Property Lines (feet) | Dwelling Unit on Permitted Residential Lot (feet) | Dwelling Unit on Abutting Property (feet) |
Chicken coop | 20 | 20 | 50 |
Structures and containers for the storage of manure, either for composting and fertilizer or until regular sanitary disposal | 20 | 20 | 50 |
(e)
Size requirements table.
Size Requirements | |
|---|---|
Structure or Lot | Requirement |
Henhouse | 4 square feet per chicken |
Henhouse perch | 7 inches per chicken |
Henhouse nesting box | 1 nesting box for every 3 chickens |
Chicken pen | 10 square feet per chicken |
Lot size | No minimum but must be able to accommodate minimum size requirements of chicken coop |
Manure storage | 1 container, up to 55 gallons in size |
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(a)
Permit required. If poultry is allowed subject to this section, a resident of a lot wishing to keep chickens on said lot shall obtain from the Code Enforcement Officer a permit and adhere to all requirements of this section, and subject to the following restrictions.
(b)
Generally.
(1)
A permit issued under this section shall be valid for one year from the date it is issued. For each additional year, a renewal application must be submitted, and a renewal inspection shall take place to ensure the continued safe and sanitary keeping of chickens in compliance with this section.
(2)
If a permit expires, is surrendered, or revoked for any reason, a new permit may be issued for the same residential lot in the name of a different person.
(3)
There is no restriction on the species of chicken that may be kept.
(4)
In the event the permit holder is absent from the property for longer than 30 consecutive days, the permit shall automatically terminate and become void.
(5)
Only one permit shall be issued per residential lot at any given time, no matter how many dwelling units are located on the lot.
(6)
A permit for a residential lot with multiple-dwelling use shall be issued on a first-come-first-served basis.
(7)
The property owner, and permit holder if they are different, is required to promptly comply with all local, state, and federal guidance regarding illness in chickens, including but not limited to avian flu.
(8)
Following notice and public hearing pursuant to § 113.11 or § 113.12, a permit to keep chickens may be suspended or revoked by the City Council, or an order to remove chickens and chicken-related structures be issued, where there is a risk to public health or safety, or for any violation of or failure to comply with any of the provisions of this section, or any other applicable ordinance or law.
(c)
Personal use only.
(1)
Up to a total of six chickens are allowed to be kept on residential lots for personal, non-commercial use by the property owner, or permit holder if they are different.
(2)
Chicken breeding or fertilizer production for commercial purposes is prohibited.
(3)
The slaughtering or processing of chickens on residential lots is prohibited.
(4)
A permit to keep chickens is personal to the permit holder and may not be assigned, transferred, or sold.
(d)
Transfer of residential lot ownership.
(1)
A permit holder or property owner, if they are different, may not transfer their permit from one residential lot to another.
(2)
Property owner and permit holder are the same. If a property owner, who is also a permit holder, sells the residential lot that is listed on a current permit, the permit that is attached to that residential lot shall automatically terminate and become void.
(3)
Residential lots with multiple-dwelling use. If a property owner sells a residential lot which has a two-family dwelling unit or is in multiple-dwelling use, with a resident permit holder who shall continue to reside on the residential lot and keep chickens under this section, the new property owner and existing permit holder must submit a notice of residential lot sale to the Code Enforcement Officer within 14 days of the transfer of the property to the new owner.
a.
The new property owner must certify that they understand, and will comply with, the City permit requirements, the standards set forth for the keeping of chickens, and the enforcement provisions set forth in this section.
b.
Once the notice of sale is completed by the resident permit holder and new property owner, no inspection will be required and the current permit shall continue to be valid until its original expiration date.
c.
If a notice of sale is not completed within 14 days from the date of transfer of the residential lot to the new property owner, the permit shall automatically terminate on day 15 and become void.
(e)
Permit application process.
(1)
The initial fee for a permit shall be $30, with an annual renewal fee of $25. The City Council shall have the authority to adjust all permit fees.
(2)
The resident and property owner, if different from the resident, who will be keeping the chickens shall certify, as part of the initial and renewal permit applications, that they understand, and will comply with the City permit requirements, the standards set forth for the keeping of chickens, and the enforcement provisions set forth in this section. A person applying for a permit to keep chickens under this section, who resides on, but does not own, the residential lot they intend to keep chickens on, must obtain the written consent of the property owner. Additionally, the property owner will be required to fill out the property owner section of the permit application.
(3)
The Code Enforcement Officer shall issue a permit, or renew a permit, only if the resident and property owner, if different from the resident, has completed an application, demonstrated compliance with the criteria and standards in this section, paid the prescribed fee, and passed the inspection of the residential lot and chicken coop. The initial and renewal inspections shall not be scheduled until a completed initial or renewal application and fee is submitted.
(4)
The Code Enforcement Officer shall issue a written notice of approval or denial of an initial permit or renewal permit within 14 days of a completed inspection via first-class mail.
(5)
Any material misstatement or omission by the resident, or property owner if they are different, shall be grounds for denial, suspension or revocation of the permit issued pursuant to this section.
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(a)
The Code Enforcement Officer, or their designee, shall enforce the terms, conditions, regulations, or provisions of this section or of any permit granted under this section.
(b)
Failure to comply with the terms, conditions, regulations, or provisions of this section or of any permit granted under this section shall be a violation of this section. Any violation of this section shall be deemed to be a nuisance.
(c)
A license or permit issued under this section may be suspended or revoked by the City Council after a public hearing. The Code Enforcement Officer shall provide written notice to the permit holder and property owner, if they are different, at the address listed in their application, of the proposed suspension or revocation and the grounds therefor. The public, and the permit holder and property owner, if they are different, shall be given at least seven days' notice of the public hearing.
(d)
Any person who violates any provision of this section or who fails to comply with the requirements of a permit for the keeping of chickens commits a civil violation and shall be subject to the penalties and provisions set forth in § 1-8 of the Revised Code of Ordinances, City of Old Town. Each day such violation continues or is repeated shall constitute a separate violation. All penalties collected hereunder shall tenure to the City of Old Town). This fine is in addition to any reinspection fees.
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(a)
Any violation of this section, or of a permit issued pursuant to this section, shall be grounds for an order from the City Council, after a public hearing, to remove the chickens and/or chicken coop and related structures, including but not limited to the henhouse, chicken pen, and waste storage structures.
(1)
The Code Enforcement Officer shall provide written notice via certified mail, return receipt requested, and first-class mail, to the permit holder and property owner, if they are different, at the address listed in their application, of the proposed removal of the chickens and/or chicken coop and related structures, and the grounds therefor. The public, and the permit holder and property owner, if they are different, shall be given at least seven days' notice of the public hearing.
(2)
Removal of chickens and/or chicken coop and related structures by order of the City Council shall be paid for by the permit holder and property owner, if they are different.
(b)
If a chicken dies, it must be disposed of promptly in a sanitary manner.
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A person appealing the issuance, denial, suspension, or revocation of a permit issued pursuant to this section, or of the removal of chickens and/or chicken coop and related structures, may appeal to the Board of Appeals within 30 days of the issuance of the decision or order being appealed.
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(1)
On or before December 31 of each year, the Code Enforcement Officer, or their designee, shall submit to the City Council a report with the following information:
(2)
At the discretion of the City Council, the Code Enforcement Officer may present the report on a more frequent basis, such as quarterly or monthly, instead of once a year.
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Permit and Inspection Fees for the Keeping of Chickens | |
|---|---|
§ 113.09(e)(1): Initial application (includes first inspection) | $30 |
§ 113.09(e)(1): Annual renewal application (includes first inspection) | $25 |
§ 113.04(d)(5): First re-inspection without violation issued | $30 |
§ 113.04(d)(5): Additional re-inspections without violation issued | $40 |
§ 113.04(d)(6): Re-inspection after violation issued | $40 |
§ 113.04(d)(6): Additional re-inspections after violation issued | $50 |