Fowl, Rabbits & Urban Chickens

(a)

Fowl:

(1)

A person commits an offense if he keeps, harbors or maintains fowl in the city other than on premises or in a district classified by the comprehensive zoning ordinance as "AG-Agricultural." Within areas classified by the comprehensive zoning ordinance as "AG-Agricultural," fowl shall be kept within pens, coops or hutches which meet the requirements of this chapter and are maintained in compliance with the provisions of this chapter. A fenced yard shall not qualify as a pen, coop, or hutch for purposes of this section.

(2)

All pens, coops, or hutches for the keeping of fowl shall be maintained a minimum of 100 feet from any residence or commercial building, excluding the residence or commercial building of the person keeping or harboring the fowl, except as specifically provided herein. If the fowl kept are pigeons, registered with a recognized association of pigeon fanciers and kept for purposes of competition, the enclosures for such pigeons may be located no less than 50 feet from any residence or commercial building, excluding the residence or commercial building of the person keeping or harboring the pigeons.

(3)

Within areas in the city zoned "AG-Agricultural," a person may keep no more than 150 fowl, of any combination, at any one time.

(b)

Rabbits:

(1)

A person commits an offense if he keeps, harbors, or maintains on the premises of a single residence within the city more than five rabbits and one litter of rabbits at any one time. It is an exception to prosecution under this section that the owner has been issued and possesses a valid permit issued by the animal control authority under the provisions of section 14-2-3 authorizing the keeping of rabbits in excess of the limits of this section and the owner has not exceeded the permissible number of rabbits thereunder. It is an exception to prosecution that the owner of the rabbits and the subject premises meet the requirements of subsection (4) below.

(2)

Rabbits shall be kept within pens coops or hutches which meet the requirements of this chapter. A fenced yard shall not qualify as a pen, coop or hutch for purposes of compliance with this subsection.

(3)

All pens, coops or hutches for the keeping of more than ten rabbits shall be maintained a minimum of 100 feet from any residence or commercial building, excluding the residence or commercial building of the person keeping or harboring the rabbits.

(4)

Within a district classified by the comprehensive zoning ordinance as "AG-Agricultural," a person may keep and harbor, without the necessity of a multiple pet permit, up to 150 rabbits, including litters of rabbits, at any one time.

(c)

Urban chickens.

(1)

A person commits an offense if he keeps, harbors or maintains urban chickens in the city other than on a premises or in a district classified by the comprehensive zoning ordinance as agricultural or residential. Within areas classified by the comprehensive zoning ordinance as agricultural or residential urban chickens shall be kept within pens, coops or hutches which meet the requirements of this chapter. A fenced yard shall not qualify as a pen, coop, or hutch for purposes of this section.

(2)

All pens, coops, or hutches for the keeping of urban chickens shall be maintained a minimum of 50 feet from any residence or commercial building, excluding the residence or commercial building of the person keeping or harboring the urban chickens.

(3)

A person who keeps, harbors or maintains urban chickens in the city shall ensure that the animal(s) in their care or custody are treated humanely by, at a minimum, providing the urban chickens with sufficient food, potable water, adequate shelter, and protection from weather. All pens, coops, hutches and exercise runs shall be completely enclosed. The pen, coop, hutch or exercise run may not be placed in the front yard of any property.

(4)

Within areas in the city zoned agricultural a person may keep no more than ten urban chicken hens per acre, with no more than 150 urban chicken hens permitted. Roosters are prohibited.

(5)

On lots of one acre and smaller and within areas of the city zoned residential a person may keep no more than six urban chicken hens. Roosters are prohibited.

(6)

On lots larger than one acre and within areas of the city zoned residential a person may keep ten urban chicken hens per acre, with nor more than 50 urban chicken hens permitted. Roosters are prohibited.

(7)

The city council may authorize a waiver from the distance regulations contained in subsection (2) above when, in its opinion, an unnecessary hardship will result from requiring strict compliance. Before granting a waiver, the city council shall hold a public hearing regarding the requested waiver not earlier than 15 days following notice of the public hearing. No waiver shall be granted unless the council finds that all of the following conditions exist:

a.

There are special circumstances or conditions affecting the property of the applicant seeking the waiver, the location, size, or type of proposed pen, coop or hutch, or the surrounding area such that the strict application of the provisions of this section would deprive the applicant of the reasonable ability to maintain urban chickens; and

b.

The strict application of the provisions of this section is not necessary to promote the public health, safety and welfare; and

c.

The granting of the waiver will not be detrimental to the public health, safety or welfare, or injurious to other persons or property in the area; and

d.

The granting of the waiver will be in harmony with the spirit and purpose of this section.

In granting a waiver, the city council may prescribe conditions that it deems necessary or desirable to protect the public interest.