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HomeMy WebLinkAboutOrdinance 16-002 Ordinance 16-002 An Ordinance creating an Urban Chicken Demonstration/Pilot Project and temporarily amending Chapter 14 of the Code of Ordinances of the City of Brookings, South Dakota to include provisions pertaining to the keeping of chickens pursuant to a Pilot Project of limited duration in the City of Brookings. Preamble Whereas, on December 8, 2015, the City Council authorized staff of the City of Brookings to prepare an Ordinance to implement an Urban Chicken Demonstration / Pilot Project authorizing, for a limited duration, the keeping of chickens by a limited number of permittees in the City of Brookings; and Whereas, the duration of this ordinance shall be for a period of one (1) year, together with an additional six (6) month grace period for completion of the project including the relocation of the hens; and Whereas, the City Council hereby authorizes and instructs the Sustainability Council and City Clerk to administer an Urban Chicken Demonstration / Pilot Project, and further authorizes, for the limited duration set forth herein, the temporary adoption of Sections 14-6, 14-82, 14-90, 14-91, 14-151, 14-152 and 14-154, thereby permitting up to six (6) hens to be kept by those who are issued permits under the Pilot Project; and Whereas, the Urban Chicken Demonstration / Pilot Project shall be established and administered according to the following guidelines: a. The City may issue up to ten (10) permits for the keeping of chickens during the pilot project; b. Applications for permits shall be made available online or in the City Clerk's Office; c. The application process shall be open to public inspection; d. Permits will be issued to the first 10 qualifying applicants; e. No fee shall be required for a permit; f. The City website shall include information concerning the care of chickens; g. The Sustainability Council will coordinate with local organizations to offer a coop building workshop; h. The Sustainability Council will host coop tours of permitted locations. Permittees shall be required to allow tours of their facilities for educational purposes; i. The City will recommend chicken demonstrations at public locations (farmer's market, downtown events, Arts Festival) during the pilot project; j. The Sustainability Council, in cooperation with the Animal Control/Brookings Police Department, shall compile the initial and quarterly reports to include the number of applicants awarded, map/locations, number of hens, number and nature of complaints received, and comparison to other pet complaints. The final report shall also include photos of coops, and other documentation as required by the City Council and City Manager. Now Therefore, Be It Ordained and Enacted by the Council of the City of Brookings, State of South Dakota, as follows: I. Sec. 1. That the Preamble of this Ordinance is hereby adopted as a part of this Ordinance. Sec. 2. The following Sections of Chapter 14 of the Code of Ordinances of the City of Brookings are hereby revised during the duration of this Ordinance: Sec. 14-6. - Number of pets limited. It is unlawful for any person or caretaker to have or keep more than six domestic pets, including, but not limited to, dogs, cats and rabbits over the age of four months, except birds and fish, upon any lot or premises in the city, unless such person or caretaker resides within the lot or premises and has a valid pet shelter or kennel license issued by the city. For the purpose of limiting number of pets, three chickens are the equivalent of one domestic pet. Up to six hens are allowed per residence. The city animal shelter and veterinarian offices are exempt from the provisions of this section. Sec. 14-82. - Proximity of fowl to dwellings. It is unlawful for any person to enclose or house any guinea fowl, ducks, geese, turkeys or other domestic fowl, except hens and pigeons, and except falcons or hawks in the possession of a state and federally licensed handler, in any house, pen, coop or enclosure or other building situated within a distance of 125 feet of any church, school or other public building or within 125 feet of any dwelling, store or other building used or occupied as a residence of any person other than that of the owner or caretaker of such fowl. Hens in any house, pen, coop or enclosure must be at least 25 feet from any church, school or public building and must be at least 25 feet from any dwelling, store or other building used or occupied as a residence of any person other than that of the owner or caretaker of the hens. Sec. 14-90. - Keeping of game birds prohibited. No person may keep or have any game birds, including but not limited to, pheasants, geese, ducks, quail and partridge in any house, pen, coop or enclosure or other building situated within a distance of 125 feet of any church, school or other public building or within 125 feet of any dwelling, store or other building used or occupied as a residence of any person other than that of the owner or caretaker of such fowl. Chickens are not considered a game bird. Sec. 14-91. - Keeping of hens. The keeping of up to six hens are allowed per residence; roosters are prohibited. Nuisance issues relating to hens shall be covered under the current rules and regulations pertaining to animal nuisances in Section 14-9 of this Chapter. Sec. 14-151. - Required. It is unlawful for any person within the city to keep, maintain or have in their custody or under their control any dog, or cat which is over the age of three months, or chickens, without first having obtained a license for the dog, cat or chickens from an authorized agent of the city. Sec. 14-152. -Application. Any person desiring to keep, maintain or have in their custody or control within the city, any dog, cat or chickens, shall, on or before December 31St of each year, make an application to an authorized agent of the city for a license to keep such dog, cat or chickens. Such application shall be in writing, stating the name, sex, color and other distinguishing characteristics (e.g., such as guard dog) of such dog or cat and the name of the owner or caretaker thereof. The license application shall be made on a printed form furnished by an authorized agent and shall be filed with an authorized agent of the city. Sec. 14-154. - Fee. Before any license may be issued under the provisions of this article, the applicant shall pay to an authorized agent a fee for each dog, cat or chickens to be licensed. The annual fee for such license shall be determined from time to time by resolution of the city council. No fee shall be charged for temporary permits. Sec. 3. That this Ordinance shall expire at 11:59 p.m. on August 1, 2017. Sec. 4. That the Sustainability Council shall compile all data and reports concerning the pilot program authorized by this Ordinance and, prior to the expiration of this Ordinance, shall make a recommendation whether Temporary Ordinance Sections 14-6, 14-82, 14- 90, 14-91, 14-151, 14-152 and 14-154 of the Code of Ordinances should be retained as they now read or be amended or repealed. Sec. 5. That if any provision, section, subsection, sentence, clause or phrase of this Ordinance, or the application of same to any person or set of circumstances, is for any reason held to be unconstitutional, void or invalid, the validity of the remaining portions of this Ordinance or their application to other persons or sets of circumstances shall not be affected thereby, it being the intent of the City Council in adopting this Ordinance that no portion hereof or provision or regulation contained herein shall become inoperative or fail by reason of any unconstitutionality, voidness or invalidity of any other portion hereof, and all provisions of this Ordinance are declared to be severable for that purpose. First Reading: January 12, 2016 Second Reading: January 26, 2016 Published: January 29, 2016 CITY OF BROOKINGS, SD �.-, Tim eed, Mayor =�i�TT�ST: �' ?r �_- "```'� �`�' `��� � S hornes, City Clerk ;� � TEMPORARY PERMIT (3/1/16-3/1/17) �OO l� S Urban Chicken Pilot Project Permit s o u T H D A K O T A Shari Thornes,Brookings City Clerk 520 3`d Street,Suite 230/PO Box 270 Brookings,SO 57006 (605)692-6281 phone;(605)692-6907 fax sthornesC�citvofbrookin�s.or� • ' Name: Address: Phone(Home): Phone(mobile): Email: ** 24-hour emergency contact phone number This is the number that will be called if we receive a comp/aint about the chickens on your property Number of hens to be kept: (maximum of 6 hens). NO ROOSTERS ARE ALLOWED. Complete and submit the following attachments: A: Description of chicken coop and pen, including materials used and cubic feet B: Sketch identifying the property boundaries and indicating the location of the coop and pen C: For tenants/renters only—Landlord's approval form I understand and agree to the following requirements for keeping chickens in the City of Brookings, South Dakota: 1. I have read the Brookings City Urban Chicken Policy and understand the requirements for keeping chickens. 2. No fee required for temporary permits; however, if ordinance is permanently enacted,applicants will be required to submit fee to continue. 3. City approval is required prior to obtaining chickens. 4. All City ordinances and state laws relating to the care and keeping of animals will be followed. 5. Chickens must be kept within the confines of my property at all times. 6. I give permission for Sustainability Council members and city staff to visit/tour my property for reporting purposes to include photographs of the coop and surrounding area. Permit holders will be encouraged to participate in coop-tours for public demonstration and educational purposes. 7. I acknowledge that I live in a single-family dwelling as per zoning code. If rental I have obtained permission from mv landlord (approval form attached). 8. i affirm that I have never been found guilty of any animal welfare, neglect or cruelty code. 9. The permit is a limited license for the activity and no vested zoning rights arise from the permit being issued and that the permit does not run with the land. 10. I understand the private restrictions on the use of the property shall remain enforceable and shall supersede the permit. I affirm that there are no private restrictions including, but not limited to, deed restrictions, condominium restrictions, neighborhood association bylaws, covenants,and restrictions and rental agreements. A permit issued to a person whose property is subject to private restrictions that prohibit keeping of chickens is void. 11. This permit is not transferable. 1 affirm that all statements contained in the application and Attachments A-D are true and correct and that 1 the permit holder will keep ihe chickens in compliance with all related ordinances and Urban Chicken Policy. 1 understand that failure to comply with regularions may result in revocation of the permit and/or issuance of a municipaf infraction. I understand this is a temporary pilot demonstration project and I will be required to re-home all birds by August 1, 2017 if a permanent ordinance is not adopted by the City of Brookings. Signature Date For City Use Only Permit Fee: Waived for temporary permits Community Development approval: Police/Animal Control approval: City Clerk: Approval Date: Denied: Reason for denial: Permit Number: Issue Date: Expiration Date: TEMPORARY PERMIT (3/1/16-3/1/17) Urban Chicken Pilot Project Permit ATTACHMENT A: DESCRIBE THE CHICKEN COOP AND PEN,INCLUDING MATERIALS USED AND CUBIC FEET. COOPS THAT A HAVE A FOOTPRINT OF 121 SQUARE FEET OR LARGER REQUIRE A PERMIT FROM THE CITY ENGINEERING DEPT BEFORE CONSTRUCTION. ATTACHMENT B: SKETCH A DIAGRAM BELOW OF THE PROPERTY,INCLUDING THE DIMENSIONS AND INDICATE THE LOCATION OF COOP,PEN,AND NEIGHBORS'RESIDENTIAL STRUCTURES. ATTACHMENT C: TO BE COMPLETED ONLY IF THE APPLICANT IS A TENANT. I AM THE OWNER�LANDLORD OF .BROOKINGS,SD,AND I GIVE PERMISSION FOR MY TENANT, .TO INSTALL A CHICKEN COOP AND KEEP CHICKENS ON THE PROPERTY. SIGNATURE�DATE CITY OF BROOKINGS URBAN CHICKEN GUIDELINES REQUIREMENTS FOR KEEPING CHICKENS Number and tvpe of chickens allowed. 1. The maximum number of chickens allowed is six (6) per tract of land regardless of how many dwelling units are on the tract. 2. Only female chickens are allowed. 3. No roosters allowed. Noncommercial use only. It shall be unlawful to engage in chicken breeding or fertilizer production for commercial purposes. Enclosures. 1. Coops that a have a footprint of 121 square feet or larger require a permit from the City Engineering Dept before construction. 2. Chickens must be kept in an enclosure or fenced area at all times. Chickens shall be secured within a henhouse or chicken tractor during non-daylight hours. 3. Enclosures must be kept in a clean, dry,odor-free, neat and sanitary condition at all times. 4. Henhouses, chicken tractors and chicken pens must provide adequate ventilation and adequate sun and shade and must be impermeable to rodents,wild birds and predators, including dogs and cats. 5. Henhouses and chicken tractors. A. Henhouses and chicken tractors shall be designed to provide safe and healthy living conditions for the chickens while minimizing adverse impacts to other residents in the neighborhood. a. A henhouse or chicken tractor shall be enclosed on all sides and shall have a roof and doors. Access doors must be able to be shut and locked at night. Opening windows and vents must be covered with predator and bird proof wire of less than one-inch openings. b. The materials used in making a henhouse or chicken tractor shall be uniform for each element of the structure such that the walls are made of the same material,the roof has the same shingles or other covering, and any windows or openings are constructed using the same materials. The use of scrap, waste board, sheet metal, or similar materials is prohibited. Henhouses and chicken tractors shall be well maintained. B. Henhouses,chicken tractors and chicken pens shall only be located to the rear of the dwelling or other main structure and may be located in the rear yard. C. Henhouses, chicken tractors and chicken pens must be located to comply with Section 94-394 and at least twenty-five (25)feet from any adjacent residential dwelling, church, school or place of business. 6. Any enclosed chicken pen shall consist of sturdy wire or wooden fencing.The pen must be covered with wire,aviary netting,or solid roofing. Odor and noise impacts. 1. Odors from chickens,chicken manure or other chicken related substances shall not be perceptible at the property boundaries. 2. Perceptible noise from chickens shall not be loud enough at the property boundaries to disturb persons of reasonable sensitivity. Predators, rodents, insects and parasites. The chicken owner shall take necessary action to reduce the attraction of predators and rodents and the potential infestation of insects and parasites. Chickens found to be infested with insects and parasites that may result in unhealthy conditions to human habitation may be removed by an animal control officer. Feed and water. 1. Chickens shall be provided with access to feed and clean water at all times. 2. The feed must be stored in covered, rodent-proof containers. 3. When feed is provided, it must be done in a manner that will not attract rodents. Waste stora�e and removal. The chicken owner must provide for the storage and removal of chicken manure.All stored manure shall be covered by a fully enclosed structure with a roof or lid over the entire structure. No more than three (3) cubic feet of manure shall be stored.All other manure not used for composting or fertilizing shall be removed. The henhouse, chicken tractor, chicken pen and surrounding area must be kept free from trash and accumulated droppings. Uneaten feed shall be removed in a timely manner. Chickens at lar�e. The Permittee shall not allow the chickens to roam off the permitted tract of land. No dog or cat or other domesticated animal which kills a chicken off the permitted tract of land will, for that reason alone, not be considered a dangerous or aggressive animal or the city's responsibility to enforce its animal control provisions. Unlawful acts. 1. It shall be unlawful for any person to keep chickens in violation of any provision of these policies. 2. It shall be unlawful for any owner, renter or leaseholder of property to allow chickens to be kept on the property in violation of the provisions of these policies. 3. No person shall keep chickens inside a single family dwelling unit, multi family dwelling unit(s) or rental unit. 4. No person shall slaughter any chickens within the city limits. 5. No person shall keep a rooster. 6. No person shall keep chickens on a vacant or uninhabited tract of land. Nuisances. Any violation of this article that constitutes a health hazard or that interferes with the use or enjoyment of neighboring property is a nuisance and may be abated under the general nuisance abatement provisions of Chapter 14 of the Code of Ordinances. Continuins violations. Each day that a violation of this article continues is a separate offense.