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HomeMy WebLinkAbout08-216 ChickensCITY OF LAKE ELMO COUNTY OF WASHINGTON STATE OF MINNESOTA ORDINANCE NO. 08-216 AN ORDINANCE AMENDING THE LAKE ELMO CITY CODE OF ORDINANCES BY AMENDING REGULATIONS PERTAINING TO THE KEEPING OF CHICKENS SECTION 1. The City Council of the City of Lake Elmo hereby amends Title IX: General Regulations; Chapter 95: Animals, by amending the following: KEEPING OF CHICKENS § 95.105 DEFINITIONS. For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. BROODING. the period of chicken growth when supplemental heat must be provided, due to the bird's inability to generate enough body beat. CHICKEN. a domesticated bird that serves as a source of eggs or meat (Gallus gallus domesticus). COOP. The structure for the keeping or housing of chickens permitted by the subchapter. EXERCISE, YARD. A larger fenced area that provides space for exercise and foraging for the birds when supervised. HEN. A female chicken. OFFICER. Any person designated by the city as an enforcement officer. ROOSTER. A male chicken, RUN. A fully -enclosed and covered area attached to a coop where the chickens can roam unsupervised. (Ord. 08-100, passed 2-18-2014) § 95.106 PURPOSE. It is recognized that the ability to cultivate one's own food is a sustainable activity that can also be a rewarding pastime. Therefore, it is the purpose and intent of this subchapter to permit the keeping and maintenance of hens for egg and meat sources in a clean and sanitary manner that is not a nuisance to or detrimental to the public health, safety, and welfare of the community. (Ord. 08-100, passed 2-18-2014) § 95.107 INVESTIGATION AND ENFORCEMENT, Officers designated by the city shall have authority in the investigation and enforcement of this subchapter, and no person shall interfere with, hinder or molest any such officer in the exercise of such powers. The city shall make, investigations as is necessary and may grant, deny, or refuse to renew any application for permit, or terminate an existing permit under this subehapter. (Ord, 08-100, passed 2-18-2014) § 95.108 KEEPING OF CIUCKENS. (A) Chickens on less than 5 acres. ot Size (Acres) I Chickens Allowed 0.00-0.49 1 0 V.-1V - V.;,;, 72 1.00-1.49 68 1.50-1.99 9 if) 2.00-2.49 4-4 12- 3.00-3.49 4-416 3.50-3.99 418 4.00-4.49 4--0 ` (B) Chickens on 5 acres or inore. Chickens maintained on parcels of 5 acres or more are O02 animal units per e&iL�� res or more. For _L _acres. A permit is not required for keeping chickens on a parcel size of 5 ac reference, see "Annual Unit Equivalency" chart in § 95.090, §95.110 APPLICATION. Any person desiring a permit required under the provisions of this subchapter shall make written application to the City Clerk upon a forni prescribed by and containing such infonnation as required by the city. Among other things, the application shall contain the following inforniation: (A) A description of the real property upon which it is desired to keep the chickens, (B) The 4feed-aiiil-nrunber of chickens to be maintained on the premises. (C) A site plan of the property showing the location and size of the proposed chicken coop and run, setbacks from the chicken,coop to property lines and surrounding buildings (including houses and buildings on adjacent lots), and the location, type, and height of fencing proposed to contain the chickens in a run or exercise area. Portable coops and cages are allowed, but portable locations must be included with the site plan. (D) Statements that the applicant will at all times keep the chickens in accordance with all of the conditions prescribed by the officer, or modification thereof, and that failure to obey such conditions will constitute a violation of the provisions of this article and grounds for cancellation of the permit. (E) Such other and further information as may be required by the officer. (Ord. 08-100, passed 2-18-2014) Each person keeping cluckens within the City of Lake Elmo shall comply with the following: (A) No person may keep a rooster or crowing hen. (13) No person may allow chickens to range freely without fencing or without a mobile pen. (C) No person may keep chickens inside the house or attached garage. (D) Chickens must be provided a secure and well ventilated roofed structure ("chicken coop"). (E) The roofed structure and required fencing.for the chickens may only be located in a rear yard and must meet setback and building separations as established in city zoning and building codes, except that the roofed structure and fencing must maintain a 20 foot separation from dwellings on adjacent properties as well a.s adhere t(,,) tile nainialum (F) The roofed structure shall be fully enclosed, wind proof, and have sufficient windows for natural light. (G) Chickens, coops, and/or runs shall not be kept in such a mariner as to constitute a nuisance, (H) The chicken coop and run shall be kept in good repair as to be incompliance with the property maintenance regulations elsewhere in the code. (1) All chicken coops must have annininurn size of 4 square feet per bird and must be at least 4 feet in height. (J) Fenced in chicken runs must have a minimum of 10 square feet per bird and roost be at least 4 feet in height. (K) All butchering waste shall be disposed of in a sanitary manner. (L) Dead chickens inust be disposed of according to the Minnesota Board of Annual Health rules which require chicken carcasses to be disposed of as soon as possible after death, usually within 48 to 72 hours. Legal forms of chicken carcass disposal include burial, off -site incineration or rendering, or composting. (A) Any person violating any of the sections of this article shall be deemed guilty of a misdemeanor and upon conviction, shall be penalized in accordance with § 1 O99 (B) If any person is found guilty by a court for violation of this section, their permit to own, keep, harbor, or have custody of chickens shall be deemed automatically revoked and no new permit may be issued for a period of I year. (C) Any person violating any conditions of this perinit shall reimburse the city for all costs home by the city to enforce the conditions of the permit including, but not limited to, the pick -Lip and impounding of chickens. (Ord, 08-100, passed 2-18-2014) § 95.113 ISSUANCE, REVOCATION. (A) If granted, the perrint shall be issued by the city and shall state the conditions, if any, imposed upon the permitted for the keeping of chickens tinder this permit. The permit shall specify the restrictions, limitations, conditions and prohibitions which the city deems reasonably necessary to protect any person or neighboring use from unsanitary conditions, unreasonable noise or odors, or annoyance, or to protect the public health and safety. Such permit 11-lay be modified from time to time or revoked by the city for failure to conform to such restrictions, limitations, or prohibitions. Such modification or revocation shall be effective after 10 days following the mailing of written notice thereof by certified mail to the person or persons keeping or maintaining such chickens. (B) The city may revoke any permit issued under this subchapter if the person holding the permit refuses or fails to comply with this subchapter, with any regulations promulgated by the city council pursuant to this article, or with any state or local law governing cruelty to animals or the keeping of ardinals. Any person whose pennit is revoked shall, within 10 days thereafter, humanely dispose of all chickens being owned, kept or harbored by such person, and no part of the perrait fee shall be refunded. (Ord. 08-100, passed 2-18-2014) SECTION 2. Effective Date. This ordinance shall become effective immediately upon adoption and publication in the official newspaper of the City of Lake Elmo. SECTION 3. Adoption Date. This Ordinance 08- was adopted on this day of _ 2018, by a vote of Ayes and _ Nays. LAKE E LMO CITY COUNCIL Mike Pearson, Mayor Julie Johnson, City Clerk This Ordinance 08---216 was published on the —,— day of , 2018.