[Amended 11-12-2019 by Ord. No. 19:08]
It shall be unlawful to domicile or have any
livestock or exotic animals anywhere in the Village, for more than
24 hours, whether for business or pleasure, unless specific advance
approval has been granted by the Village Board. "Livestock" is defined
as animals normally associated with agriculture, such as cows, goats,
sheep, horses, swine (including miniature pigs), etc. Exotic animals
are those normally associated with zoos and may or may not be suitable
for domestication. Birds, such as parrots and canaries, and reptiles
are permitted when maintained within the owner's residence or place
of business. Exceptions:
A. As provided for in Chapter
525, Zoning, of this Code.
B. Animals kept at the Marquette County fairgrounds.
C. Horses used as a means of transportation by resident
members of the Amish/Mennonite religious sects.
No domestic animal afflicted with a contagious
or infectious disease shall be allowed to run at large or to be exposed
in any public place whereby the health of man or beast may be affected,
nor shall such diseased animal be shipped or removed from the premises
of the owner thereof, except under the supervision of the Chief of
Police or the Health Officer. It is hereby made the duty of the Health
Officer to secure such disposition of any diseased animal and such
treatment of affected premises as to prevent the communication and
spread of the contagion or infection, except in cases where the State
Veterinarian is empowered to act.
It shall be unlawful to permit any cattle, horse,
swine, sheep, goat or poultry to run at large in the Village. Any
such animal running at large in any public place in the Village shall
be impounded in the manner provided in this chapter. It shall further
be unlawful to picket or tie any such animal in any of the streets
of the Village for the purpose of grazing or feeding.
It shall be unlawful to harbor or keep any animals
which disturb the peace by loud noises at any time of the day or night.
No person shall cruelly treat any animal in
the Village in any way; any person who inhumanely beats, underfeeds,
overloads, or abandons any animal shall be deemed guilty of a violation
of this section.
No person shall take, or permit to remain, any
dog, cat or other live animal on or upon any premises where food is
sold, offered for sale or processed for consumption by the general
public, except seeing-eye dogs.
No more than three cats over five months old
shall be kept in each residential household. This rule shall apply
to rabbits and other similar animals.
To the extent that the zoning regulations of Chapter
525 of this Code conflict with this chapter, the zoning regulations of Chapter
525 shall control.
[Amended 5-8-2007 by Ord.
No. 10:07]
Any person violating or permitting the violation of any provision of this chapter shall be subject to a penalty as provided in Chapter
1, §
1-3 of this Code. In addition, the court shall order the registration of the subject dog be revoked and remove the dog from the Village. Should the defendant refuse to remove the dog from the Village, the Circuit Court Judge shall find the defendant owner in contempt and order the immediate confiscation and impoundment of the dog. Each day that the violation of this chapter continues shall be deemed a separate offense. In addition to the foregoing penalties, any person violating this chapter shall pay all expenses, including shelter, food, handling, veterinary care and testimony necessitated by the enforcement of this chapter.
[Added 11-12-2019 by Ord. No. 19:08]
A. Definitions. As used in this section, the following terms shall have
the meanings indicated:
CHICKEN
A domestic chicken of the subspecies Gallus (Gallus domesticus).
COOP
A new or existing enclosed accessory structure designed or
modified for the keeping of chickens and meeting the requirements
of this section.
KEEP
The owning, keeping, possessing, or harboring of a chicken.
ROOSTER
A male chicken of any age, including a capon or otherwise
neutered male chicken.
B. Permit required.
(1) Any person who keeps chickens on land in the Village which the person owns, occupies or controls shall obtain a permit issued by the Clerk. The permit shall be valid for as long as the person keeps chickens in a coop per §
195-14C, and the fee shall be set forth in the official Village fee schedule on file in the Village Clerk's office. The permit shall remain valid unless a person discontinues the keeping of chickens for a period of 12 months or more or seeks to modify the coop and run located on the property. A new permit shall be required to keep chickens if the practice ceased for a minimum of 12 months or if the person intends to modify, enlarge or relocate the coop or run on the property.
(2) Permit applications submitted by a person other than a record title
owner of the property upon which chickens will be kept shall provide
written consent of the property owner with the permit application.
C. Keeping of chickens allowed:
(1) Up to six chickens are allowed with a permit.
(2) One permit per R-1 single-family residence, R-2 single-family residence,
R-3 multifamily residence, R-4 residential residence, and RD rural
development zoned parcel only is allowed.
(3) No person shall keep any rooster.
(4) The outdoor slaughtering of chickens in residential zoning districts
is prohibited.
(5) Chickens shall always be provided with fresh water along with adequate
amounts of feed.
(6) Chickens shall be provided with a sanitary and adequately sized coop.
The coop may be built as part of an unattached yard shed or garage,
provided setback requirements are met, but cannot be placed on top
of a building.
(7) To prevent chickens from flying out of the run, fencing shall be
of enough height, be covered, or the chickens shall have their wings
clipped.
(8) All permanent (nonmobile) coops shall comply with all building and
zoning requirements of this Code.
(9) All chicken coops or runs shall comply with the established zoning
district setbacks of this Code.
(10)
No chicken coop shall be located on the front or side yard of
a parcel.
(11)
In addition to compliance with the requirements of this section,
no one shall keep chickens that cause any other nuisance associated
with unhealthy condition, create a public health threat or otherwise
interfere with the normal use of property or enjoyment of life by
humans or animals.
D. Public health requirements.
(1) Chickens shall be kept and handled in a sanitary manner to prevent
the spread of communicable diseases among birds or to humans.
(2) Any person keeping chickens shall immediately report any unusual
illness or death of chickens to the Health Department.
E. Permit revocation. In the event that a permit holder accumulates
three violations of this section within any twelve-month period, the
permit shall be revoked. Additionally, a person who discontinues the
practice of keeping chickens for a period of at least 12 months or
moves or otherwise modifies the coop or run on the property of a valid
permit shall have their permit revoked, unless they apply for a new
permit. A person whose permit is revoked shall have the right to a
hearing on the revocation before the Village Board, if such a hearing
is requested, in writing, within 10 days of the service of the notice
of revocation. A notice of revocation is deemed served upon the day
of mailing if sent by certified mail to the applicant of the permit
at the address as listed upon the application for the chicken permit.
F. Sale of eggs and baby chicks prohibited. No person may offer to sell
eggs or chicks accumulated from the activities permitted hereunder.
G. Enforcement. The provisions of this section shall be enforced by
the Village Police Department.
H. Penalties. Any person violating any provisions of this section shall be subject to penalty as provided in Chapter
1, General Provisions, §
1-3, Violations and penalties, of the Westfield Village Code.