Title 6 - Animals

 

6.13.040 Permit Required

  1. General Requirement.  In order for a person to keep or otherwise maintain chickens upon any single or two-family residential property within the City, or upon any agricultural property of less than 3 acres being used for residential purposes, an annual “Chicken Permit” shall be obtained from the City Clerk’s office. The Chicken Permit shall be obtained prior to the keeping chickens on the property. The City Clerk shall establish an application process to be followed by all individuals seeking a Chicken Permit. The Chicken Permit shall be issued for a one year period of time from the date of approval.
  2. Application.  Applications for a Chicken Permit shall be filed on forms prescribed by the City and include a non-refundable fee and the following information:
    1. Applicant’s name and contact information.
      1. If the applicant is not the property owner, then written permission of the property owner shall be submitted with the application along with the property owner’s name and contact information.
    2. Street address or legal description of the property where chickens will be kept.
    3. The requested number of chickens.
    4. Sufficient information to show compliance with the Conditions for Approval set forth in C and the Performance Standards set forth in 6.13.050, which shall be confirmed by city staff prior to the issuance of the Chicken Permit.
  3. Conditions for Approval.  The Applicant must adequately show, by clear and convincing evidence, that the keeping of chickens will not create a nuisance in the surrounding neighborhood, that humane care will be provided, and that the premises where the chickens are kept are suitable for the keeping of chickens and is in conformity with all City zoning requirements. The criteria to be evaluated include, without being limited to, the following:
    1. The chickens will be kept or maintained at all times in a safe and sanitary manner.
    2. The chicken coop in which the chickens are kept or confined will be adequately lighted and ventilated and is so constructed and maintained that they can be kept in a clean and sanitary condition.
    3. The health and well-being of the chickens will not in any way be endangered by the manner of keeping or confinement.
    4. The keeping of the chickens will not harm the surrounding neighborhood or disturb the peace and quiet of the surrounding neighborhood.
    5. The keeping of the chickens will not cause fouling of the air by offensive odors and thereby create or cause unreasonable annoyance or discomfort to neighbors or others in close proximity to the premises where the chickens are kept.
    6. The chickens will not unreasonably annoy humans, endanger the life, health or safety of other animals or persons or substantially interfere with the rights of citizens to the enjoyment of life or property.
    7. The chickens will not repeatedly run or be found at large, will not damage or deposit excretory matter upon the property of anyone other than their owner, and will not molest or intimidate pedestrians or passersby.
    8. The chickens will not make disturbing noises, including but not limited to, continued and repeated or untimely crowing, whining, growling, cry or other utterances causing unreasonable annoyance, disturbance or discomfort to neighbors and others in close proximity to the premises where the chickens are kept, or otherwise be offensive or dangerous to the public health, safety or welfare, by virtue of their behavior, number, type or manner of keeping.
    9. The applicant, or any person who will share in the care, custody and control of the chickens, is not currently in violation of, or has not previously violated any applicable City, state or federal laws, codes, rules or regulations, including, but not limited to, those pertaining to the care and control of animals and the maintenance of their property, which would reflect adversely on their ability to fully comply with the conditions of the Chicken Permit.
    10. The keeping of the chickens will adhere to the Performance Standards set forth in 6.13.050.

As part of the application process, the Animal Control Division shall inspect the property and submit a written report of its investigation of the property stating the factual basis for its recommendation to grant or deny the application. As part of its evaluation of the above Conditions for Approval, the Animal Control Division may consider the comments of neighbors, past violations by the applicant, the size, condition and location of the area where the chickens will be kept, past complaints concerning the applicant, or any other factors relative to the issue of keeping chickens. Upon completion of the investigation and review process the Animal Control Division shall recommend approval or denial of the Chicken Permit application. If denial is recommended, the basis for the denial shall be included in the report.

The City Clerk shall deny any application where the applicant fails to show proof of the aforementioned requirements or an examination of the documentation submitted or any investigation by the Animal Control Division, or both, reveals that in the opinion of the Animal Control Division that the applicant has failed to meet the requirements of this Chapter.

  1. Permit Fee. The City Manager is hereby authorized to set fees and fee related policies for the Chicken Permit. All fees shall be nonrefundable and nontransferable. Failure to pay the fee shall constitute a violation of this Chapter.

History: Ord. DAC-3435 §5, 2023

Effective on: 1/1/1901