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2 <br /> <br />SECTION 3. Section 6-4-5-1 of the Elko New Market City Code (Keeping of Backyard <br />Chickens) is hereby added to read as follows: <br /> <br />6-4-5-1: KEEPING OF BACKYARD CHICKENS: <br /> <br />A. Purpose. It is the purpose and intent of this Section to permit, but strictly limit, <br />the keeping of backyard chickens as an egg source in a clean and sanitary <br />manner which is not a nuisance to or detrimental to the public health, safety, and <br />welfare of the City of Elko New Market. <br /> <br />B. Keeping of Backyard Chickens Allowed. A person may keep up to four (4) <br />backyard chickens on property zoned R-1, Suburban Single Family Residential <br />as provided for in Section 11-25A-3 of the City Code and R-2, Urban (Small Lot) <br />Single Family Residential as provided for in Section 11-25B-3 of the City Code <br />provided that: <br /> <br />1. The owner of the backyard chickens resides in a detached dwelling <br />located upon the parcel at which the backyard chickens are kept. <br /> <br />2. The owner of the subject parcel obtains a backyard chicken permit from <br />the City, issued in compliance with this Section. <br /> <br />C. Permit Required: A permit is required for the keeping of backyard chickens. <br /> <br />1. Those desiring to keep backyard chickens shall file a written application <br />with the City Clerk on a form provided by the City and pay an application <br />fee. <br /> <br />2. Application materials provided to first time applicants (by the City) shall <br />include and educational pamphlet concerning the raising of backyard <br />chickens in residential areas of the City. Such educational pamphlet shall <br />be in a form approved by the City. Prior to permit issuance, applicants <br />shall acknowledge, in writing, that they have read such pamphlet. <br /> <br />3. The application shall include the following: <br /> <br />a. The breed and number of chickens to be maintained on the premises. <br /> <br />b. A written statement that the applicant shall, at all times, keep the <br />backyard chickens in accordance with all of the conditions prescribed <br />by the City and that failure to obey such conditions shall constitute a <br />violation of the provisions of this Chapter and will be grounds for <br />cancellation of the permit. <br /> <br />c. A legal description of the real property upon which it is desired to <br />keep the chickens and evidence of title to the property.