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- __--- - 2 0 STAFF REPORT To: Mayor and City Council Report No.: VI -A Mike Mornson, City Manger From: Kim Moore -Sykes, Assistant City Manager 46 � Date: May 13, 2008 Subject: Silkie Chicken Request Background: Staff initially received a phone call from Ms. Sang Tran on April 10, 2008, asking if the City allowed residents to have chickens. In responding to Ms. Tran, Staff advised her that they were prohibited unless she received approval from the City Council. She then asked about the approval process and was directed to the City Code, Chapter 12, Section 1210.02, Keeping of Certain Animals. This subsection states, "No person may keep swine, ... or fowl, within the City nearer than 500 feet to any human habitation or platted land, without approval of the Council. The Council may, before approving or denying any request for approval, request a report from the Health Officer concerning the effect on public health. * Ms. Tran has since sent emails to Staff describing the breed of chicken that she is proposing to keep with photos. Staff advised her that she should talk with her neighbors as chickens, particularly roosters, are quite noisy. She indicated that she would contact her neighbors. She also informed Staff that she does not intend on keeping roosters, only hens. Staff then contacted Hennepin County Public Health, as did Ms. Tran, and was told that approval of the request was under the City's jurisdiction. Staff reviewed the codes of neighboring communities. Fridley (Chap. 101.03) allows the keeping of livestock only after obtaining a license; Minneapolis (Chap. 70.10) requires the same; Little Canada regulates only non -domesticated animals, birds and reptiles (Chap. 1105); and Roseville (Chap. 501, Sections 501.03 and 501.04) declares any animal a nuisance if "by noise it disturbs the peace and quiet of any other person ... or any animal which damages plantings or structures or deposits fecal matter on public or private property of others ... Any person aggrieved by an animal nuisance may make a written complaint to the Police Department..." St. Paul states that "Itis unlawful for any person to keep chickens, geese, ducks, or other domestic fowl and rabbits in any pen or building within a distance of 50 feet from or in any runway enclosure or upon any portion of any premises within a distance of 25 feet from the nearest portion of any residence, dwelling, hotel, apartment house or rooming house ..." Staff received an email from the City of New Brighton in which their city planner stated that the ordinance is silent on chickens but will regulate any animal, including chickens, if they become a nuisance to the neighbors. Attached are two resolutions, one to approve the request and one to deny, depending on Council's action. Attachments: • Written Request for Approval to Raise Bantam Silkie Chickens Photos of Bantam Silkie Chickens and Description • St. Anthony Ordinance Section 1210 - ANIMALS PROHIBITED AS NUISANCES *St. Anthony City Ordinance, Section 515 is concerned only with dogs. • Resolution. 08-033 05132008 Silkie Chicken request Staff Report.doe