Chickens in In a nutshell:
You may have up to 3 chickens (or other poultry) per residence. They can wander your yard, but must not be able to roam the neighborhood freely. Owners are required to have adequate housing, sanitation and “prevent the attraction of pests.” Sounds fair enough.
If three chickens isn’t enough to feed your family breakfast every day, you can apply for an over-limit chicken license for $25 per head. In my opinion, that is a lot of money for a silly chicken.
That’s pretty much it. I will quote the code so you can see what is included in “poultry” and have a deeper understanding of the requirements so you can head off any confusion with “compliance.”
You can find the Ordinance here.
First off, poultry are not prohibited. Hot dog!
“Domestic animal shall mean any animal which is not prohibited, and commonly kept as pets at the owner's residence, including but not limited to domestic cats and dogs, domestic ferrets, rabbits, and domestic poultry.” Section 5-1Definitions
What is included in “domestic poultry”?
“Poultry shall mean any domestic fowl, including but not limited to geese, pheasants, chickens, prairie chickens, peacocks, guineas, ducks and turkeys, as well as quail, doves and other normally undomesticated fowl that are being raised for food or for sale.” Section 5-1Definitions
How many can we have? 3…
“(a) The total number of domestic fowl and livestock allowed at a residence is five (5) which may include:
(1) Up to three (3) domestic fowl;” section 5-109(a)(1)
Do I have to have a permit for up to 3 poultry?
Nope. The language of the ordinance conspicuously lacks a requirement for a permit for your first 3 chickens. This is important since there is no permit to be revoked denying you your first 3 chickens. There are still requirements you must meet and if you do not meet these standards, you can be fined, but they can’t haul off your chooks (that means chickens) unless you have an ongoing Animal Nuisance Violation.
What are our housing or fence requirements? This is important. I don’t want to keep my chooks cooped up all day.
“(b) …All domestic fowl must be kept in an enclosure. An owner must comply with the following with regard to domestic fowl and livestock:
(1) The owner must have adequate facilities to house the livestock and domestic fowl and ensure adequate sanitation.
(2) The livestock and domestic fowl must be kept housed or confined in a manner that does not allow them to create a nuisance.
(3) Sanitation must be addressed in a manner that prevents the attraction of pests.”
Section 5-109(b)
What does confined really mean?
This means poultry specifically don’t have to be “housed”. Furthermore, the word “confined” is conveniently defined at the beginning of the Animals section:
“Confined shall mean a situation by which an animal is effectively prevented from being free to roam or run at large at will.” Section 5-1 Definitions
What if we want more than 3 chickens?
“(c) If an owner desires to exceed the maximum number of domestic fowl or livestock specified in subsection (a), an owner must make an application for an excess animal permit with the department. The criteria for evaluating the application for a permit shall be those listed in subsection (b).” Section 5-109(c)
Sec. 5-150. Owner responsibilities. [Definition of nuisance]
The owner or keeper of any animal in the city is responsible for the behavior and conduct of that animal at all times including the creation of a public nuisance. Violations of the following acts or omissions are public nuisances:
(1) The owner or keeper shall keep the animal (except cats) restrained at all times and insure that the animal (except cats) does not roam or run at large at will; [leash your chicken outside your fence!]
(2) The owner or keeper shall not … keep any other animal, fowl, or bird, which makes frequent or long, continued noise, so as to annoy, distress or disturb the quiet comfort or repose of persons of normal nervous sensibilities within the vicinity of hearing thereof;
(3) The owner or keeper shall prevent his animal from biting or injuring without provocation, any animal or person; [unprovoked pecking isn’t mentioned]
(4) The owner or keeper shall prevent his animal from damaging or destroying public property or property other than its owner's private property;
(5) The owner or keeper shall not keep more than the number of animals allowed under this chapter;
(6) An owner or keeper creates an animal nuisance per se by the keeping, frequent feeding or harboring of any poisonous or inherently dangerous or prohibited animal. [No poisonous chickens allowed]
(Ord. No. 2007-12-13-1291, § 1(Att. I), 12-13-07)
The definitions and requirements listed above are important since the Director can revoke your “over the limit” permit.
Everything after this is overkill. Don't read unless you have an issue or you are some sort of Ordinance Nerd.
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Sec. 5-116. Revocation.
All permits issued under this chapter may be revoked by the director, or his authorized representative, for violation by the holder thereof of any of the provisions of this chapter. Revocation of the permit is accomplished by mailing to the holder of such permit a written notice by certified mail stating his permit is revoked. Revocation of the permit may also be accomplished by personally delivering to the holder thereof a written notice stating his permit is revoked.
(Ord. No. 2007-12-13-1291, § 1(Att. I), 12-13-07)
Sec. 5-153. Impounding animals creating animal nuisance per se.
Animal care officers or other law enforcement officers shall have the power to impound animals which create an animal nuisance per se for the purpose of abating the nuisance as follows:
(1) On public property, in all cases;
(2) On private property, if:
a. The consent of the resident or property owner is obtained;
b. The officer reasonably believes there is immediate and imminent danger or peril to the public if the animal in question is not impounded; or
c. Authorized by appropriate courts of law.
(Ord. No. 2007-12-13-1291, § 1(Att. I), 12-13-07
Sec. 5-155. Impounding procedures.
Animal care officers or other law enforcement officers authorized pursuant to sections 5-153 or 5-154 to abate a nuisance, shall, prior to impounding an animal, leave notice at the residence of the premises where the unrestrained animal was found stating the kind and type of animal seized, the place where the animal is to be impounded, the hours when it may be reclaimed by the owner and the length of time it is to be held; provided the animal care officers or other law enforcement officers shall:
(1) Release the animal to the owner, if the animal was found unrestrained on the owner's premises and the owner agrees to restrain the animal in the future; or
(2) Release the animal to the owner if the animal was found unrestrained outside the owner's premises, but the owner readily presents himself and agrees to restrain the animal in the future.
(Ord. No. 2007-12-13-1291, § 1(Att. I), 12-13-07)
What if my permit application is denied or permit revoked? (Section 5-109(d) is really for Dangerous Animals, but I haven’t heard much about how chicken permit applications are being handled. Frankly, this is silly in terms of chickens…)
(e) Any person who is denied a permit or whose permit is revoked may
a. appeal the denial or revocation to the director
i. within thirty (30) days of the date of the denial or revocation of the permit.
ii. All requests for appeals must be in writing and addressed to the director; whereupon
iii. said director shall set the appeal for hearing within forty-five (45) days of the said director's receipt of the written request.
iv. The director shall issue findings within five (5) working days after the determination hearing.
b. A person who is denied a permit has the right to
i. appeal the decision to municipal court
1. within five (5) working days of receiving such decision by submitting written notice to the director.
2. Failure to appeal within the time allotted shall result in the hearing officer's decision as final.
ii. A municipal court judge
1. shall sit as the administrative appeal hearing officer, and
2. shall conduct the appeal as a civil administrative proceeding for the purpose of reviewing the
a. written or
b. audio record and/or
c. viewing a video tape of the hearing conducted by the director, and
d. hearing any additional offered relevant sworn testimony and other evidence that such administrative appeal hearing officer deems useful.
3. The administrative appeal hearing officer shall prepare a written memorandum of findings and declare the director's ruling either affirmed or reversed.
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