HomeMy WebLinkAbout[08] Discussion - Allowance for chickens in R1 Zoning Districts CITY OF ST JOSEPH Planning Commission Agenda Item 8
MEETING DATE: September 13, 2010
AGENDA ITEM: Discussion on Chickens in R1 Zoning District
SUBMITTED BY: Administration
PREVIOUS PLANNING COMMISSION ACTION: The Planning Commission was approached by Paul Krey
to consider the allowance of chickens in an R1 Zoning District. The Commission requested additional
information.
BACKGROUND INFORMATION: To follow are Ordinances of Cities where chickens are allowed. This is
not a complete list as there are probably others. I talked at length to the Planner for the City of
Bloomington, Lynn Moore. The Planning Commission conducted a public hearing on the allowance and
after a public hearing that last for 2 hours and 45 minutes the Planning Commission on a close vote
moved the matter to the City Council, who will also conduct a public hearing. 1 have included the draft
language for their proposed amendment. Lynn did share with me that the City of Golden Valley and
Eden Prairie on a split vote decided against amending the Ordinance to make provisions for chickens.
Lisa Schreifels from the City of St. Cloud had also prepared a study and staff report for the St. Cloud City
Council and after the hearing chickens were only allowed in a rural residential area.
In reviewing the Ordinances the following items are consistent:
• Limit the number of chickens /hens, three to four seems to be the normal.
• Roosters are prohibited
• Fencing is required
• Restrictions on coop size, and building specifications
• Minimum setback of 25 feet from adjoining property owner
• Licensed annually
A couple of the Cities that allow chickens require signatures of a certain percentage of the adjoining
property owners some require inspections of the site annually and some require screening from
adjoining properties.
After the last meeting I received a letter in the mail objecting to the allowance for chickens and I also
received two phone calls after the newspaper article. I have attached the letter I received in the mail for
your information.
Before spending considerable time drafting a proposed amendment to the R1 Zoning District the
Planning Commission must determine whether or not to move this item to the hearing stage. This
matter will also need to go the City Council for consideration.
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ATTACHMENTS: Request for Council Action 8:1 -2
Letter from resident 8:3
Extract of Brainerd City Code 8:4 -6
Draft Correspondence, City of Bloomington 8:7 -11
Extract of Burnsville City Code 8:12
Extract of Duluth City Code 8:13 -18
Extract of Mankato City Code 8:19 -21
Extract of Minneapolis City Code 8:22
Extract of Rochester City Code 8:23 -24
Extract of St. Paul City Code 8:25 -30
Information from August 2 PC Packet 8:31 -32
REQUESTED PLANNING COMMISSION ACTION: Decide whether or not to move forward with a draft
amendment and if so, determine a public hearing date. Since this is a Zoning Ordinance a public hearing
will be required.
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August 8, 2010 40G 0
Dear City Council of St. Joseph,
I am a resident of St. Joseph and enjoy living here. I was present at the public
hearing on August 2 " 2010. One of the issues at this hearing was raised by a
gentleman who wanted to raise chickens on his property. I wanted to share my
opinion on this matter as a citizen of the town.
Personally, 1 do not want my neighbors raising chickens next to my home. I do
not wanted this because chickens own a very unpleasant smell and are quite
noisy. 1 have personally lived next to a family that raised chickens in the past
and to this day I will not forget the distinct smell and sounds of those feathered
friends. It is my belief that chickens, pigs, cows, etc. should be raised on farms
where there is more space for the animals and the neighbors to live
harmoniously.
I ask that the council take this opinion into consideration as you weigh in on
whether or not to allow this gentleman to raise his chickens at his house. If one
person begins to raise chickens than other neighbors may do the same to the
discomfort of the community around them.
Thank you for your time and consideration and I hope that this letter helps inform
you of one community member's opinion.
Best Regards,
A concerned local citizen of St. Joseph
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Brainerd City Code 900.03 Subd. 4 (C)
C) Any animal covered by this Subdivision found off the owner's premises and
not wearing a valid rabies vaccination tag shall be impounded. Any
unvaccinated animal that is so impounded may be reclaimed by its owner by
payment of the prescribed pound fees and compliance with the rabies
vaccination requirement of this Section, proof of which shall be furnished to
the City within seventy -two (72) hours of its release from the pound.
900.05 Wild or Exotic Non - Domesticated Animals. It shall be illegal for any person to
own, possess, harbor, or offer for sale, any wild or exotic non - domesticated animal within the
City limits. Any owner of such an animal at the time of adoption of this Section shall have thirty
days in which to remove the animal from the City after which time the City may impound the
animal as provided for in this Section. An exception shall be made to this prohibition for
animals specifically trained for and actually providing assistance to the handicapped or disabled,
and for those animals brought into the City as part of an operating zoo, veterinarian clinic,
scientific research laboratory, or a licensed show or exhibition. (See also: Section 902 of the
Brainerd City Code.)
900.07 Farm Animals. Farm animals shall only be kept in zoning districts if permitted
under the City Zoning Ordinance. An exception shall be made to this Section for those animals
brought into the City as part of an operating zoo, veterinarian clinic, scientific research
laboratory, or a licensed show or exhibition. An additional exception shall be made to this
Section by allowing the keeping of chickens on premises in the City subject to the provisions set
forth in Section 900.08.
(Amended Ord. 1327 — 2008) era4 0 e`/`'r
,
900.08 Chickens. Subdivision 1. Chickens Limited. It is unlawful for any person to own,
control, keep, maintain or harbor hen chickens on any residential premises in the City unless
issued a permit to do so as provided herein. In the case of rental residential property, including
multi - family residential property, written permission must be given by the property owner for a
tenant to keep or harbor chickens on said residential premises. No permit shall be issued for the
keeping or harboring of more than four (4) hen chickens on any premises unless the property is
located in an agricultural or rural zoning district. The keeping of roosters is prohibited. It shall
be unlawful to keep or harbor hen chickens in addition to the limitations set forth in Section
900.13, Subd. 1. (For example, the limitation is further clarified as follows: 4 dogs, or 4 cats, or 4
chickens, or 3 dogs and 1 cat, or 3 chickens and 1 dog, or 2 cats and 2 chickens, etc.)
Subd. 2. Definitions. The term "At Large" shall be intended to mean a chicken out of its
chicken run, off the premises or not under the custody and control of the owner. The term
"Chicken" means a female chicken or hen. The term "Chicken Coop" means a structure
providing housing for chickens made of wood or other similar materials that provides shelter
from the elements. The term "Chicken Run" means a fenced outside yard for the keeping and
exercising of chickens. The term "Owner" shall mean the resident, property owner, custodian or
keeper of any chicken. The term "Premises" means any platted lot or group of contiguous lots,
parcels or tracts of land.
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Brainerd City Code 900.08 Subd. 3
Subd. 3. Permit. No person shall maintain a chicken coop and/or chicken run unless
granted a permit by the City. The permit shall be subject to all terms and conditions of this
Section and any additional conditions deemed necessary by the City to protect the public health,
safety and welfare. The necessary permit may be obtained from the City Administrator's office.
Included with the information required prior to issuance of the permit must be a scaled diagram
that indicates the location of any chicken coop and run, and the approximate size and distance
from adjoining structures and property lines. The owner must also obtain written approval of the
keeping of chickens from all abutting property owners. A permit for the keeping of chickens
may be revoked or suspended by the Council for any violation of this Section following written
notice and a public hearing. An annual fee of $30 will be charged for each permit which shall
expire on December 31 of each year.
Subd. 4. Confinement. Every person who owns, controls, keeps, maintains or harbors
hen chickens must keep them confined on the premises at all times in a chicken coop or chicken
run while in the City. Any coop and run shall be screened with a solid fence or landscaped
buffer with a minimum height of four (4) feet. Any coop and run shall be at least 25 feet from
any residential structure or any other premises on any adjacent lots.
Subd. 5. Chicken Coops and Chicken Runs.
A) All chicken coops and runs must be located within the rear yard subject to the
required setbacks for the principal building and at least 25 feet from any
dwelling or any other premises on any adjacent lots. All chicken coops must
be a minimum of 4 square feet per chicken in size, must not exceed 10 square
feet per chicken in size and must not exceed 6 feet in total height. Attached
fenced -in chicken runs must not exceed 20 square feet per chicken and
fencing must not exceed six feet in total height. Chicken runs may be
enclosed with wood and/or woven wire materials, and may allow chickens to
contact the ground. Chicken feed must be kept in metal, predator proof
containers. Chicken manure shall not be placed in yard compost piles.
B) Chicken coops must either be:
1) Elevated with a clear open space of at least 24 inches between the
ground surface and framing/floor of the coop; or,
2) The coop floor, foundation and footings must be constructed using
rodent resistant construction.
C) Chicken coops are not allowed to be located in any part of a home and/or
garage.
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Brainerd City Code 900.08 Subd. 5 (D)
D) Chickens must be secured in a chicken coop from sunset to sunrise each day.
Subd. 6. Conditions and Inspection. No person who owns, controls, keeps, maintains or
harbors hen chickens shall permit the premises where the hen chickens are kept to be or remain
in an unhealthy, unsanitary or noxious condition or to permit the premises to be in such condition
that noxious odors are carried to adjacent public or private property. Any chicken coop and
chicken run authorized by permit under this Section may be inspected at any reasonable time by
the City Animal Control Officer or other agent of the City. Slaughter and breeding of chickens
on any premises within the City is prohibited.
Subd. 7. Violations. Any person who owns, controls, keeps, maintains or harbors hen
chickens in the City limits of Brainerd without obtaining or maintaining a current permit or after
a permit has been suspended or revoked by Council action shall be guilty of a petty
misdemeanor.
(Amended Ord. 1327 — 2008)
900.09 Impounding. Subdivision 1. Running at Large. Any animal running at large is
hereby declared a public nuisance. The Enforcement Officer may impound any dog or other
animal found running at large and shall give notice of the impounding within twenty -four (24)
hours to the owner of such dog or other animal, if known. Except as otherwise provided in this
Section, it shall be unlawful to kill, destroy, or otherwise cause injury to any animal, including
dogs and cats running at large, with the exception of animals being hunted during a lawful
hunting season.
Subd. 2. Biting Animals.
A) Person Bitten by Animal. Any animal that has not been inoculated by a
current rabies vaccine administered by a licensed veterinarian and which has
bitten any person, wherein the skin has been punctured or the services of a
doctor are required, shall be confined in an appropriate location for a period of
not less than ten days, at the expense of the owner. The animal may be
released at the end of such time if healthy and free from symptoms of rabies,
and by the payment of all costs by the owner. However, if the owner of the
animal shall elect immediately upon receipt of notice of need for such
confinement by the Officer to voluntarily and immediately confine the animal
for the required period of time in a veterinary hospital of the owner's
choosing, not outside of the County in which this City is located, and provide
immediate proof of such confinement in such manner as may be required, the
owner may do so. If, however, the owner has proof of the vaccination by a
certificate from a licensed veterinarian, the owner may confine the dog or
other animal to the owner's property.
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Planning Commission
(4C Study Session
August 19, 2010
CITY OF
BLOOMINGTON
MINNESOTA
DATE: August 11, 2010
TO: Planning Commission
FROM: Lynn Moore, Environmental Health Manager
Lisa Netzer, Associate City Attorney
RE: Animal Ordinance amendments
Background
In the spring of 2010, Animal Control officers and Environmental Health staff discovered a number
of homes raising chickens within Bloomington. The City Code still reflected the farming
community that Bloomington once was, and allowed any farm animal as long as the structure the
animals lived in were 100 feet or more from any other lot in a residential district. Only fur farms,
kennels, poultry farms and commercial animal farms were specifically not permitted. Other sections
of the animal code, which were scattered through the chapters of the code, needed updating as well.
The City Council directed staff to research other cities' requirements for chickens and farm animals.
This information was presented to the City Council at the May 3, 2010 study session and Council
directed staff to draft ordinance language to allow a limited number of farm poultry with smaller
setbacks. Most members of the Council were interested in promoting some limited form of urban
agriculture. Council also asked staff to reorganize all regulations for animals in a comprehensive
ordinance. Several divisions provided input for the amendments (Animal Control, Police, Legal,
Environmental Health, Planning, and Licensing). Staff presented the draft regulations to Council at
the July 26, 2010 study session and received additional policy direction on: smaller lot sizes may
only raise hen chickens as opposed to farm poultry, potbellied pigs will be treated as farm animals
requiring larger setbacks, and screening requirements for chickens.
Following the study session, staff made the Council directed changes and presented the new
ordinance at a public hearing. The hearing was held on August 5, 2010. Fifteen residents came to
the hearing. Eight residents made comments. The three main comments/concerns from six residents
included smaller property line setbacks than 30 feet (10 or 20 feet is better), allow more than four
hens (6 -8 better) and the four foot solid privacy fence screening is too strict (would like to see
bushes and trees allowed). Two residents spoke against changing the City Code to allow the keeping
of chickens. They asked for six -foot high solid fence screening, fifty foot setbacks and annual
permits or licenses for chickens. This feedback will be presented to Council.
City staff now brings this draft ordinance before the Planning Commission. In reorganizing the
code, staff found outdated provisions in the zoning provisions of Chapters 19 and 21. Bloomington
previously allowed "commercial agriculture" in residentially zoned lots. Staff saw an opportunity to
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update the definition of agriculture and address the new issue of community gardens within the City.
INTEROFFICE MEMO
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Staff asks your feedback on the entire new ordinance, but asks for specific comments on the new
zoning changes.
Summary of proposed amendments
Chapter 12, Article V. Animal Code -- New
o Reorganization of sections from Chapter 14 into six new divisions: General Provisions,
Domestic Animals, Rabies Control, Farm Animals, Wild Animals and
Inspection/Enforcement.
o New combined definitions section with new definitions
o Added regulations for domestic animal shelters in additions to dog shelters
o Changed dangerous dog requirements to dangerous animal
o Added a new division for chickens, farm poultry, farm animals and bees
o New regulations for keeping chickens (four hens only, setbacks, owner occupancy,
specifications for shelters, enclosures and prevention of nuisance conditions)
o New regulations for keeping farm poultry, farm animals and bees
o New language for inspection and enforcement
Chapter 14
o Licensing section on dogs combined with cats and licenses added for ferrets
o Commercial Animal Establishments licensing now includes kennels
o New temporary license for Commercial Animal Establishments to eliminate TCUPs
Chapter 19
o Deleted "kennel" definition to eliminate confusion. Boarding of pets is covered in Pet
Services Facility
o Agriculture as a permitted use in single - family and flood overlay districts updated to
"agriculture, limited" and moved setback requirements and prohibited uses to Chapter 21
o Agriculture as a permitted or provisional use deleted from industrial, industrial park and
freeway development districts
Chapter 21
o Use tables updated to reflect changes in Chapter 19 for agriculture
o Fence material regulations updated to exempt the use of chicken wire for farm poultry
enclosures
o New use standards section for limited agriculture and gardening consistent with new setbacks
for chickens, farm poultry and farm animals in Chapter 12
Civil Fine Schedule
o Updates to reflect proposed amendments
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Draft Language
August 25, 2010
Division D. Chickens, Farm Poultry and Farm Animals
SEC. 12.115. CHICKENS.
(a) Limitation on the Number of Chickens. No person shall keep on any single- family or two- family
residential property more than four (4) total hen chickens. This is in addition to the maximum of
four (4) domestic animals or pets.
(b) Three or More Dwelling Unit Properties. Chickens are not allowed on properties with three or
more dwelling units.
(c) No Roosters. No person shall keep roosters, or adult male chickens, on any property within the
City.
(d) No Cockfighting. Cockfighting is specifically prohibited within the City.
(e) No Slaughtering. The slaughter of chickens is prohibited on residentially used or zoned
properties.
(f) Ownership Occupancy. The owner of the chickens shall live in the dwelling on the property.
(q) No Breeding. The raising of chickens for breeding purposes is prohibited on residentially used or
zoned properties.
(h) No Chickens in Dwellings or Garages. Chickens over the age of four weeks shall not be kept
inside of a dwelling or garage.
(i) Shelter and Enclosure Requirements. Chickens shall be properly protected from the weather
and predators in a shelter or coop, and have access to the outdoors in an enclosure or fenced
area. The shelter and /or enclosure shall meet all of the following requirements:
(1) Applicable building and zoning requirements of Chapters 15, 19 and 21.
(2) Setback for shelters and enclosures for chickens, is a minimum of 30 feet from any lot used
residentially or platted for future residential use and 50 feet from any dwelling on a
neighboring lot.
(3) The shelter shall be situated closer to the chicken owner's dwelling than to any of the
neighboring dwellings.
(4) Shelter and enclosure must not be located between the owner's dwelling and an adjacent
street unless setback at least 50 feet from the property line adjacent to the street.
(5) Visual screening in the form of a solid privacy fence of at least four (4) feet in heiqht
constructed according to the fence standards of Section 21.301.08 shall be provided for the
shelter and enclosure.
(6) A shelter shall not exceed 120 sguare feet in size and shall not exceed six (6) feet in height.
(7) An enclosure or fenced area for chickens shall not exceed 20 square feet per bird and shall
not exceed six (6) feet in height and shall have protected overhead netting to prevent
attracting predators and other animals running at large.
(8) An enclosure or fenced area may be constructed with wood and /or woven wire materials
that allow chickens to contact the ground.
(9) Constructed in a workmanship -like manner to deter rodents and predators.
(1) Prevention of Nuisance Conditions. Owners shall care for chickens in a humane manner and
shall prevent nuisance conditions by ensuring the follow conditions are met:
(1) The shelter and enclosure are maintained in good repair, and in a clean and sanitary
manner free of vermin and objectionable odors.
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(2) Feces and discarded feed is regularly collected and stored in a Teak -proof container with a
tight- fitting cover to prevent nuisance odors and the attraction of vermin until it can be
disposed properly.
(3) Chicken feed shall be stored in leak -proof containers with a tight - fitting cover to prevent
attracting vermin.
(4) Feces, discarded feed and dead birds shall not be composted.
(5) Chickens shall be secured inside of a shelter from sunset to sunrise each day to prevent
nuisance noise and attracting predators.
(6) Chickens shall remain in either the shelter or enclosure at all times and shall not run at
large.
(7) The shelter shall be winterized toprotect the chickens in cold weather.
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Draft Language
August 25, 2010
(k) Sale of farm poultry or eggs. Owners cannot advertise the sale of chickens or eggs and must
comply with all requirements and performance standards for home enterprises in Section 19.63.09
and all Minnesota Department of Agriculture requirements for the sale of eggs.
SEC. 12.116. FARM POULTRY, FARM ANIMALS AND BEES.
(a) Limitation on the Number of Farm Poultry, Farm Animals and Bees.
(1) Owners of farm animals, such as, but not limited to, horses, cattle, goats, sheep, llamas,
potbellied pigs, and pigs, shall have at least one acre per animal.
(2) Owners of bees, shall have at least one acre per bee hive not exceeding twenty -four (24)
cubic feet in size per acre.
(3) Owners of one (1) acre lots may have four (4) hen chickens, meeting all of the requirements
set forth in Section 12.115, or farm poultry, such as, but not limited to, ducks, geese, turkeys,
pigeons, swans, and doves, and shall have no more than four (4) farm poultry meeting the
requirements of Section 12.116.
(4) The types and numbers of animals Section 12.116 (a) 1, 2, and 3 or a combination thereof or
in addition to four (4) household domestic animals or pets. For example a one acre property
able to meet all regulations set forth in City code may have one (1) farm animal, one (1) bee
hive, four (4) farm poultry or four (4) chickens and four (4) domestic animals.
(b) Three or More Dwelling Unit Properties. Farm poultry, farm animals and bees are not allowed
on properties with three or more dwelling units.
c No Slau • hterin • . The slau • hter of farm •oult and farm animals is • rohibited on residentiall
used or zoned properties.
(d) No Roosters. No person shall keep roosters, or adult male chickens, on any property within the
City.
(e) No Cockfighting. Cockfighting is specifically prohibited within the City
(f) Ownership Occupancy. The owner of the farm poultry, farm animals and bees shall live in the
dwelling on the property.
fq) No Breeding. The raising of farm poultry and farm animals for breeding purposes is prohibited on
residentially used or zoned properties.
(h) No Farm Poultry or Farm Animals in Dwellings or Garages. Farm poultry, farm animals and
bees shall not be kept inside of a dwelling or garage.
(i) Shelter and Enclosure Requirements for Farm Poultry. Farm poultry shall be properly
protected from the weather and predators in a shelter or coop, and have access to the outdoors in
an enclosure or fenced area. The shelter and /or enclosure shall meet all of the following
requirements:
(1) Applicable building and zoning requirements of Chapters 15, 19 and 21.
(2) . Setback for shelters and enclosures for farm poultry, is a minimum of 100 feet from any lot
used residentially or platted for future residential use and 150 feet from any dwelling on a
neighboring lot.
(3) The shelter shall be situated closer to the farm poultry owner's dwelling than to any of the
neighboring dwellings.
(4) Shelter and enclosure must not be located between the owner's dwelling and an adjacent
street unless setback at least 50 feet from the property line adjacent to the street.
(5) Visual screening in the form of a solid privacy fence of at least four (4) feet in height
constructed according to the fence standards of Section 21.301.08 shall be provided for the
shelter and enclosure.
(6) A shelter shall not exceed 120 square feet in size and shall not exceed six (6) feet in height.
7 An enclosure or fenced area for farm •oult shall not exceed 20 s• uare feet •er bird and
shall not exceed six (6) feet in height and shall have protected overhead netting to prevent
attracting predators and other animals running at large.
(8) An enclosure or fenced area may be constructed with wood and /or woven wire materials
that allow farm poultry to contact the ground.
(9) Constructed in a workmanship -like manner to deter rodents and predators
(j) Shelter and Enclosure Requirements for Farm Animals. Farm animals shall be properly
protected from the weather and predators in a shelter, barn or stable, and have access to the
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Draft Language
August 25, 2010
outdoors in an enclosure or fenced area. The shelter and /or enclosure shall meet all of the
following requirements:
(1) Applicable building and zoning requirements of Chapters 15, 19 and 21. Shelters are
considered accessory buildings and must meet all City Code standards for accessory
buildings including size, height, setback and number limitations.
(2) Setback for shelters, or barns, for farm animals, including bee hives, is a minimum of 100
feet from any lot used residentially or platted for future residential use and 150 feet from any
dwelling on a neighboring lot.
(3) Setback for enclosures, or fenced areas, for farm animals is a minimum of 50 feet from any
lot used residentially or platted for future residential use and 100 feet from any dwelling on a
neighboring lot.
(4) Shelter shall be situated closer to the farm animal owner's dwelling than to any of the
neighboring dwellings.
(5) Shelter, enclosure and fenced area must not be located between the owner's dwelling and
an adjacent street unless setback at least 50 feet from the property line adjacent to the
street.
(6) Visual screening in the form of a solid privacy fence of at least four (4) feet in height
constructed according to the fence standards of Section 21.301.08 shall be provided for the
shelter and enclosure.
(7) Constructed in a workmanship like manner to deter rodents and predators.
(8) The shelter shall be winterized to protect the animals in cold weather.
(k) Prevention of Nuisance Conditions. Owners shall care for farm poultry and farm animals in a
humane manner and shall prevent nuisance conditions by ensuring the follow conditions are met:
(1) The shelter and enclosure are maintained in good repair, and in a clean and sanitary
manner free of vermin and objectionable odors.
(2) Feces and discarded feed is regularly collected and stored in a leak -proof container with a
tight - fitting cover to prevent nuisance odors and the attraction of vermin until it can be
disposed properly.
(3) Farm poultry and farm animal feed stored in leak -proof containers with a tight - fitting cover to
prevent attraction of vermin.
(4) Feces, discarded feed and dead farm poultry and farm animals shall not be composted.
(5) Farm poultry and farm animals shall be secured inside of a shelter from sunset to sunrise
each day to prevent nuisance noise and attracting predators.
(6) Farm poultry and farm animals shall remain in the shelter or enclosure at all times and shall
not run at- large.
SEC. 12.117. OWNER RESPONSIBLE.
The owner of any farm animal or farm poultry shall be responsible for the conduct and control of
any such animal irrespective of whether such animal has escaped from a shelter or enclosure.
SEC. 12.118. PROHIBITED CONDUCT.
(a) No person shall use a farm animal:
(1) upon a public sidewalk or sidewalk easement;
(2) upon the public streets and rights -of -way of the City except during daylight hours;
(3) in public places and places of public accommodation;
(4) upon private property of another without the permission of the owner of the property:
(5) in a careless manner or in disregard of the rights of others.
SEC. 12.119. EXCEPTIONS.
The limitations upon the use of farm animals expressed in this Article shall not apply to the use of
horses for law- enforcement purposes.
Division E. Wild Animals
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Sterling Codifiers, Inc. Page 1 of 1
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6 - 2 - 20: ANIMALS WITHIN CITY LIMITS:
Except as otherwise provided, no person shall keep any animal other than a household pet within the city. No more than three (3) dogs over the age of four
(4) months shall be maintained at any one residence or premises. No more than five (5) cats over the age of four (4) months shall be maintained at any one
residence or premises. No more than five (5) ferrets over the age of four (4) months shall be maintained at any one residence or premises. No more than
four (4) chickens shall be maintained at any one residence or premises. Hen chickens may be kept within the residential district. The keeping of roosters is
prohibited except as allowed by section 6 -2 -21 of this chapter. Chickens shall not be raised or kept for fighting. Cockfighting and dogfighting are prohibited.
Except within the R -1A district, slaughtering of animals is prohibited within all residential districts.
(A) Keeping Of Nondomesticated Animals Prohibited:
1. Definition: As used in this section, " nondomesticated animal" means any wild animal, reptile or fowl, which is not naturally tame or gentle but is of a
wild nature or disposition or which, because of its size, vicious nature, or other characteristics would constitute a danger to human life or property.
2. Prohibited Animals: No person shall keep, maintain or harbor within the city any of the following animals:
a. Any animal or species prohibited by Minnesota or federal law.
b. Any nondomesticated animal or species, including, but not limited to, the following:
(1) All skunks, whether captured in the wild, domestically raised, descented or not descented, vaccinated against rabies or not vaccinated against
rabies.
(2) All large cats of the family Felidae, such as lions, tigers, jaguars, leopards, cougars and ocelots, except commonly accepted domesticated house
cats.
(3) All members of the family Canidae, such as wolves, foxes, coyotes, dingoes and jackals, except domesticated dogs.
(4) All crossbreeds, such as crossbreeds between dogs and coyotes or dogs and wolves, but does not include crossbreeds between domesticated
animals.
(5) All poisonous snakes, such as rattlesnakes, coral snakes, water moccasins, cobras or copperheads.
(6) All raccoons.
(7) All apes and monkeys.
(8) All other animals which are not listed explicitly above, but which can be reasonably defined by the terms in subsection (A)1 of this section
including bears, wolverines and badgers.
3. Selling Prohibited: No person shall offer for sale, within the city limits, any animal prohibited in subsections (A)1 and (A)2 of this section.
4. Exceptions; Permit Required:
a. Any persons desiring to keep animals prohibited under subsections (A)1 and (A)2 of this section shall obtain a temporary permit from the city
council. Such a permit shall be issued for a period not to exceed thirty (30) days and shall specify further conditions under which such animals shall be
kept; provided, however, that no such permit shall be issued unless such prohibited animal is brought into the city for entertainment, exhibition, show
or promotional purposes only. A public zoo or other institution engaged in a permanent display of animals may be issued a permanent permit,
provided applicable zoning requirements are met.
b. Nonpoisonous snakes, birds kept indoors, hamsters, mice, rabbits, gerbils, rats, guinea pigs, chinchillas, turtles or lizards, and similar small animals
capable of being maintained continuously in cages are also exempt and do not require a permit.
c. Persons keeping animals for a public zoo as volunteers, docents or otherwise, any bona fide research institution or veterinary hospital are exempt
from the permit requirement, provided protective devices adequate to prevent such animals from escaping or injuring the public are provided.
d. Handicapped persons keeping monkeys trained as household helpers are exempt.
5. Impounding Of Nondomesticated Animals: Any nondomesticated animal kept in violation of this section may be impounded by the city, and after being
so impounded for five (5) days or more without being reclaimed by the owner may be destroyed or sold. Any person reclaiming such impounded
animal shall pay the costs of impounding and keeping the same.
6. Existing Nondomesticated Animals: Anyone keeping or maintaining any nondomesticated animal at the time that this section is adopted has ninety
(90) days in which to comply with the provisions of this section. Extensions beyond ninety (90) days may be granted for just cause by the city council.
7. Penalty: Violation of any provision of this subsection (A) shall be a misdemeanor. (Ord. 1153, 3 -17 -2009)
_ $:112
http: / /www. sterlingcodifiers. com/ codebook /getBookData.php ?section_id= 506118 &keywor.
AM CITY OF DULUTH FOR OFFICE USE ONLY
A CITY CLERK'S OFFICE
e ar DATE
DULUTH 330 City Hall • 411 West First Street
Duluth, Minnesota 55802 -1189
Phone (218) 730 -5500 LICENSE #
Fax (218) 730-5923
LICENSE APPLICATION
GOVERNMENT DATA PRACTICES ACT - CLASSIFICATION WARNING: The data you supply on this form will be used to process the license
you are applying for. You are not legally required to provide this data, but we will not be able to process the license without it. Some of the data
will be classified as public data if and when the license is granted. Private financial information including a tax identification number and social
security number are classified as private data and will be available to governmental personnel and other governmental agencies whose access
is necessary to perform their official duties.
LICENSE APPLICATION
LICENSE: KEEPING OF CHICKENS TOTAL FEE: $10.00
LICENSEE NAME /ADDRESS TRADE NAME:
BUSINESS PHONE:
OWNER OF BUSINESS PREMISES:
MANAGER'S NAME /ADDR/PHONE NO.
LICENSE PERIOD: JANUARY 1 to DECEMBER 31
* *SEE ATTACHED REQUIREMENTS WORKERS COMPENSATION COMPANY
AND REGULATIONS ** NAME:
POLICY NO.:
EXP. DATE:
I HEREBY STATE THAT ALL INFORMATION HERE IS TRUE AND CORRECT AND THAT I SHALL COMPLY
WITH ALL PROVISION OF THE ORDINANCES OF THE CITY OF DULUTH AND LAWS OF THE STATE OF
MINNESOTA AND THEIR AMENDMENTS.
Signature of Applicant
MAILING ADDRESS:
8:13
AWIA
DULUTH Chicken License Requirements
(a) Applications shall be made to the city clerk. The cost of the license is $10. The license
year commences on January 1 and ends on the following December 31.
(b) All licenses must pass a mandatory inspection by the animal control authority. The animal
control authority may refuse to grant or may revoke a license:
(1) If the chickens become a nuisance, as evidenced by a third admitted or judicially -
determined violation of the Duluth City Code within 12 months of the first of the three
admitted or judicially- determined violations;
(2) To a person convicted of cruelty to animals under a code, ordinance or statute from
this state, or a code, ordinance or statute from another state.
Chicken License Regulations
Each person holding a license to keep chickens within the city of Duluth shall comply with the
following:
•
(a) The principle use of the property where the chickens are to be kept is a single family
dwelling as defined in Section 50 -1.18 of Duluth City Code;
(b) No person shall keep more than five chickens;
(c) No person shall keep a rooster;
(d) No person shall keep any chickens inside the single family dwelling;
(e) No person shall slaughter any chickens within the city of Duluth;
(f) Chickens shall be provided a secure and well ventilated roofed structure in compliance with
the current zoning and building codes;
(g) The roofed structure shall be fully enclosed, wind proof, have one square foot of window
to 15 square feet of floor space and have a heat source to maintain an adequate indoor
temperature during extreme cold conditions;
(h) The floors and walls of the roofed structure shall be kept in a clean, sanitary and healthy
condition with all dropping and body excretions collected on a daily basis and placed in a
fire -proof covered container until applied as fertilizer, composted or transported off the
premises;
(i) Chickens shall be kept in the roofed structure or any attached fenced yard enclosure at all
times;
(j) The fence around the yard enclosure shall be securely constructed with a mesh type
material and shall have protective overhead netting to keep the chickens separated from
other animals;
(k) The fenced yard enclosure shall be well drained so there is no accumulation of moisture;
(I) A floor area or combination of the floor and fenced yard area for keeping chickens shall not
be less than ten square feet of floor space per chicken;
(m) No roofed structure or fenced yard enclosure shall be located closer than 25 feet to any
residential dwelling on the adjacent lots.
K: \CLERKDOC \LICENSE APPS \done \Chickens2009.wpd September 12, 2008 (12.55pm)
8:14
411101141 CITY OF DULUTH, MINNESOTA
DULUTH SUPPLEMENT TO KEEPING OF CHICKENS LICENSE
OBTAINING A LICENSE TO KEEP CHICKENS
(a) Any person who keeps chickens in the city of Duluth other than areas zoned S suburban
districts under Section 50 -51 of this Code, shall obtain an annual license prior to acquiring the
chickens. The license year commences on January 1 and ends on the following December 31.
Applications shall be made to the city clerk. The city clerk shall collect the license fee.
(b) Fees to be charged for the issuance of a license to keep chickens shall be set in
accordance with Section 31 -6(a) of this Code.
(c) All licenses shall be conditioned upon passing a mandatory inspection by the animal
control authority.
(d) The animal control authority may refuse to grant or may revoke a license if the chickens
become a nuisance, as evidenced by a third admitted or judicially- determined violation of the
Duluth City Code within 12 months of the first of the three admitted or judicially- determined
violations.
(e) The animal control authority may refuse to grant or may revoke a license to a person
convicted of cruelty to animals under a code, ordinance or statute from this state, or a code,
ordinance or statute from another state.
(f) All reports of such inspections and reviews shall be in writing and maintained by the
animal control authority.
KEEPING OF CHICKENS
(a) Each person holding a license to keep chickens within the city of Duluth shall comply
with the following:
(1) The principle use of the property where the chickens are to be kept is a single
family dwelling as defined in Section 50 -1.18 of Duluth City Code as "any building or portion
thereof which is designed for or used for residential purposes ";
(2) No person shall keep more than five chickens;
(3) No person shall keep a rooster;
(4) No person shall keep any chickens inside the single family dwelling;
(5) No person shall slaughter any chickens within the city of Duluth;
(6) Chickens shall be provided a secure and well ventilated roofed structure in
compliance with the current zoning and building codes.
Building permits are not required for accessory buildings 120 square feet or less,
but setback requirements do apply:
Setback from rear property line -- 5 feet minimum.
Setback from side property line - 2-1/2 feet minimum (if located in rear yard).
Setbacks from front, interior side and corner side yards are site specific.
K: \CLERKDOC \LICENSE APPS \done \Chickens2009.wpd
8:15
Building permits for structures over 120 square feet can be obtained in the Building
Safety Office, 210 City Hall.
An electrical permit is required for branch wiring to an accessory structure and can
be obtained in the Building Safety Office, 210 City Hall;
(7) The roofed structure shall be fully enclosed, wind proof, have one square foot of
window to 15 square feet of floor space and have a heat source to maintain an adequate indoor
temperature during extreme cold conditions;
(8) The floors and walls of the roofed structure shall be kept in a clean, sanitary and
healthy condition with all dropping and body excretions collected on a daily basis and placed in
a fire -proof covered container until applied as fertilizer, composted or transported off the premises;
(9) Chickens shall be kept in the roofed structure or any attached fenced yard
enclosure at all times;
(10) The fence around the yard enclosure shall be securely constructed with a mesh
type material and shall have protective overhead netting to keep the chickens separated from
other animals;
(11) The fenced yard enclosure shall be well drained so there is no accumulation of
moisture;
(12) A floor area or combination of the floor and fenced yard area for keeping chickens
shall not be less than ten square feet of floor space per chicken;
(13) No roofed structure or fenced yard enclosure shall be located closer than 25 feet
to any residential dwelling on the adjacent Tots.
You are required to attach a site plan, drawn to scale, of the proposed building and fenced yard
enclosure showing compliance with all applicable ordinance requirements. An example of a site
plan and graph paper are attached for your use.
I hereby affirm and under penalty of perjury, understand the aforementioned terms and conditions
of obtaining a license to keep chickens and that any false statements and failure to comply with
the terms and conditions can and will be grounds for revocation of the keeping of chicken license.
Signature of Applicant Date
K: \CLERKDOC \LICENSE APPS \done \Chickens2009.wpd
8:16
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8:18
Mankato City Code
9 . Public Protection Crimes and Offenses Generally
9.61 : Animals and Fowl - Keeping, Housing, Treatment, Restraint, Confinement, and Trespasses.
1.000: Definition. The term "animals" means cattle, horses, mules, sheep, goats, swine,
ponies, ducks, geese, turkeys, chickens, guinea hens, and all other animals and feathered fowl
except dogs and cats, unless such pets are specifically included in particular subdivisions
hereof, and this definition shall extend to this section only.
2.000: Keeping. It is unlawful for any person to keep any animal, not in transit, in any part of
the City not zoned for agricultural purposes.
3.000: Housing. It is unlawful for any person to keep any animals in any structure infested by
rodents, vermin, flies or insects.
4.000: Treatment. It is unlawful for any person to treat any animal or house pet in a cruel or
inhuman manner.
5.000: Restraint and Confinement. It is unlawful for any person to suffer or permit animals to
run at large in the streets or public places, or to be herded or driven, thereon, unless each
animal is confined within a vehicle or restrained by means of bridles, halters, ropes or other
means of individual restraint.
6.000: Chickens
Subpart 1. Chickens Limited. It is unlawful for any person to own, control, keep, maintain or
harbor hen chickens in the City unless issued a License to do so as provided herein. Licenses
shall only be issued for the residentially zoned properties as defined in Chapter 10 of the
Mankato City Code. In the case of rental residential property, written permission must be given
by the property owner for a tenant to keep or harbor chickens and only one license per
property shall be allowed. No License shall be issued for the keeping or harboring of more than
five (5) hen chickens. The keeping of roosters is prohibited.
Subpart 2. Definitions. The term "At Large" shall be intended to mean a chicken out of its
chicken run or coop, off the premises or not under the custody and control of the owner. The
term "Chicken Coop" means a structure providing housing for chickens made of wood or other .
similar materials that provides shelter from the elements. The term "Chicken Run" means a
fenced outside yard for the keeping and exercising of chickens. The term "Owner" shall mean
the property owner. The term "Property" means any platted lot or group of contiguous lots,
parcels or tracts of land devoted to a residential principal use of property as defined in Chapter
10 of the Mankato City Code.
Subpart 3. License. No person shall maintain a chicken coop and /or chicken run unless
granted a License by the City Council. The License shall be subject to all terms and conditions
of this Section and any additional conditions deemed necessary by the City Council to protect
the public's health, safety welfare, and enjoyment of property. The License shall be
exclusively for the property subject to the application submitted to the. City Clerk. The
necessary License application may be obtained from the City Clerk's office. The completed
application shall include a scaled diagram that indicates the location of any chicken coop and
run, the size and distance from all structures on the property and property lines, and the
distance to dwellings not located on the property subject to the application. As part of the
application the applicant must provide written consent to the keeping of chickens from all
adjacent property owners and at least seventy -five percent (75 %) of the of the owners of
privately or publicly owned real estate within three hundred (300) feet of the outer boundaries
of the premises for which the permit is being requested . The word "Adjacent" shall have the
meaning as given Section 10.02 of the Mankato City Code.
8:19
The City Council may grant no more than three (3) licenses under this ordinance.
Subpart 4. A license for the keeping of chickens may be revoked or suspended by the Council
for any violation of this Section following written notice. No suspension or revocation of a
License shall take affect until the License holder has been given the opportunity to have a
hearing.
Subpart 5. A fee of $30 will be charged for each License which shall expire two years from the
effective date of this ordinance.
Subpart 6. Confinement. Every person who owns, controls, keeps, maintains or harbors hen
chickens must keep them confined on the premises at all times in a chicken coop or chicken
run while in the City. Chickens must be secured in a chicken coop from sunset to sunrise each
day.
Subpart 7. Chicken Coops and Chicken Runs. The follow standards shall apply to chicken
coops and runs:
A. Must be located within the rear yard; and
B. Subject to the required setbacks for accessory structures; and
C. Located at least twenty -five (25) feet from any dwelling not located on the Licensed
property; and
D. Shall be screened from view from an abutting property and /or street with a solid fence with a
minimum height of four (4) feet; and
E. All chicken coops must not exceed 10 square feet per chicken in size and must not exceed
6 feet in total height. The chicken coop shall comply with all other standards for accessory
buildings as contained in Chapter 10 of the Mankato City Code; and
F. Fenced -in chicken runs must not exceed 20 square feet per chicken and fencing must not
exceed six feet in total height. Chicken runs may be enclosed with wood and /or woven wire
materials, and may allow chickens to contact the ground; and G. Chicken coops must have an
elevated floor with a clear open space of at least 24 inches between the ground surface and
framing /floor of the coop; or the coop floor, foundation and footings must be constructed using
rodent resistant construction; and
H. Any lighting of the Chicken Coop or Chick Run shall comply with the standards for exterior
lighting as contained in Chapter 10 of the Mankato City Code; and
I. Chicken coops are not allowed to be located in any part of a home and /or garage. Chicken
coops shall be considered part of the lot coverage per Chapter 10 of the Mankato City Code.
Subpart 8. Inspection and Additional Conditions. In addition to the other provisions of this
Section, the following standards shall apply:
A. No License holder shall permit the premises where the hen chickens are kept to be or
remain in an unhealthy, unsanitary or noxious condition or to permit the premises to be in
such condition that odors are carried to adjacent public or private property. In addition,
the License holder shall ensure that the chickens do not cause annoyance to any other
person.
8:20
B. Any chicken coop and chicken run authorized by License under this Section may be
inspected at any reasonable time by the City Manager or Designee.
C. Manure shall be routinely removed from the property and shall not be allowed to
accumulate and /or cause a unsanitary condition or cause odors detectible on another
property. If stored on the property, the manure shall be stored in rodent and raccoon proof
containers. A maximum of two cubic feet of manure may be stored on the property.
D. Chicken feed shall be stored in rodent and raccoon proof containers.
E. Slaughter and breeding of chickens on any premises within the City is prohibited.
F. It is unlawful for any person to keep or harbor within the City any chicken which causes
serious annoyance to any other person.
Subpart 9. At Large Chickens. The City may impound At Large chickens per Section 9.31 of
the Mankato City Code.
Subpart 10. Violations. Any person who owns, controls, keeps, maintains or harbors hen
chickens in the City without obtaining or maintaining a current License or after a License has
been suspended or revoked by Council action shall be guilty of a petty misdemeanor. In
addition, a violation of this Section shall be considered a Class I Nuisance and the City may
abate the nuisance as provided in Section 9.77 of the Mankato City Code. Appeals from notice
of violations shall follow the procedures in Section 9.77 of the Mankato City Code.
8:21
CHAPTER 70. FOWL, PIGEONS, AND OTHER SMALL ANIMALS* Page 1 of 2
I11 eaeot
CHAPTER 70. FOWL, PIGEONS, AND OTHER SMALL ANIMALS*
*Editor's note: Ord. No. 2005 -Or -085, § 1, adopted Sept. 23, 2005, amended the title of Ch. 70 to
read as herein set out. See also the Code Comparative Table.
70.10. Permit required. (a) No person shall anywhere in the city keep, harbor, or maintain
care, custody, or control over any small animal or any fowl such as a chicken, turkey, duck,
or pigeon, without obtaining a permit issued by Minneapolis Animal Care and Control.
(b) The Manager of Minneapolis Animal Care and Control may grant permit pursuant to this
section after the applicant has sought the written consent of at least eighty (80) percent of the
occupants of the several descriptions of real estate situated within one hundred (100) feet of
the applicant's real estate. Such written consent shall be required on the initial application and
as often thereafter as the Manager of Minneapolis Animal Care and Control deems
necessary.
(c) No permit shall be granted to keep any animal, fowl, or pigeon within a dwelling unit or
part thereof, nor on any real estate which contains three (3) or more dwelling units.
(d) This section shall not apply to dogs, cats, ferrets, or rabbits nor to veterinarians or
licensed pet shops or licensed kennels.
(e) Application for permit. Any person desiring a permit under this chapter shall make
written application to Minneapolis Animal Care and Control Approval of application is subject
to conditions prescribed by Minneapolis Animal Care and Control. Failure to adhere to
conditions is cause for cancellation of the permit and /or result in an administrative fine.
(f) Duration of permit. All permits issued shall expire on January 31 of the following year
after its issuance unless sooner revoked. The application fee for such permit shall be fifty
dollars ($50.00) which shall be paid at the time of application. The annual renewal fee
thereafter for such permit shall be forty dollars ($40.00). Minneapolis Animal Care and
Control will inspect the premise annually or as deemed necessary.
(g) Five -year permit. The fee for a five -year permit will be one hundred fifty dollars
($150.00). All five -year permits issued shall expire on January 31 of the year following the
fifth year after its issuance unless sooner revoked. Minneapolis Animal Care and Control will
inspect the premise annually or as deemed necessary.
(h) Refusal to grant permit. Minneapolis Animal Care and Control may refuse a permit to
keep or maintain animals or fowl hereunder for failure to comply with the provisions of this
chapter, and shall refuse a permit if such animals or fowl should not be kept upon the
premises described in the application for the permit. If any such permit is refused, the fee
paid with the application shall be retained by Minneapolis Animal Care and Control.
(i) Enforcement. Minneapolis Animal Care and Control shall enforce the provisions of this
chapter. (Code 1960, As Amend., § 814.010; Ord. of 6- 13 -75, § 2; Ord. of 3- 12 -76, § 1; 85 -Or
-040, § 1, 2- 22 -85; 2005 -Or -085, § 2, 9- 23 -05; 2006 -Or -143, § 1, 12- 22 -06; 2009 -Or -189, § 1,
12- 18 -09)
8:22
http: / /libraryl . municode .com /default- test/DocView/ 11490/1/67/73 ?hilite = chickens;chicken; 9/7/2010
` > >, (171.4 S(-E4/
113A. CHICKENS
113A.01. Chickens Limited. It is unlawful for any person to keep or harbor chickens
on any premises unless issued a permit to do so as provided in this chapter or except as
specifically allowed under section 62.148. No permit shall be issued for the keeping or
harboring of more than three hen chickens on any premises. No permit shall be issued for
the keeping of any rooster chicken on any premises.
113A.011. Definitions. The term "Chicken Coop" means a structure for
housing chickens made of wood or other similar materials that provides shelter from the
elements. The term "Chicken Run" means an enclosed outside yard for keeping chickens.
The term "Premises" means any platted lot or group of contiguous lots, parcels or tracts of
land
113A.02. Permit. No person shall maintain a chicken coop and run unless they have
been granted a permit by the common council. The permit shall be subject to all terms and
conditions of this chapter and any additional conditions deemed necessary by the council to
protect the public health, safety and welfare. The necessary permit applications are available
in the City Clerk's Office. Included with the completed application must be a scaled diagram
that indicates the location of any chicken coop and run, and the approximate size and
distance from adjoining structures and property lines. A permit for the keeping of chickens
may be revoked or suspended by the council for any violation of chapter 113A following
written notice and a public hearing. A fee of $20.00 will be charged for each permit which
shall expire on December 31S of the second year of the permit.
113A.03. Confinement. Every person who owns, controls, keeps maintains or
harbors hen chickens must keep them confined at all times while in the city in a chicken
coop and chicken run. Any coop and run shall be screened with a solid fence or
landscaped buffer with a minimum height of four feet. Any coop and run shall be at least
25 feet from any residential structure on any other premises
113A.04. Chicken Coops. . Subdivision 1. All chicken coops and runs must be
located at least 25 feet from any dwelling on any other premises. All chicken coops must
meet the requirements of the building and zoning codes, must not exceed ten square feet per
chicken and must not exceed six feet in total height. Attached fenced -in chicken runs must
not exceed 20 square feet per chicken and must not exceed six feet in total height. Chicken
runs may be enclosed with wood and /or woven wire materials, and allow chickens to contact
the ground. Chicken feed and manure must be kept in rodent and raccoon proof containers
and must not be placed in yard compost piles.
8:23
Subd. 2. Chicken coops must either be:
(A). Elevated with a clear open space of at least 24 inches between the
ground surface and framing /floor of the cooper; or
(B) The coop floor, foundation and footings must be constructed using
rodent resistant concrete construction.
113A.05. Conditions. No person who owns, keeps or harbors hen chickens to permit
the premises where the hen chickens are kept to be or remain in an unhealthy, unsanitary or
noxious condition or to permit the premises to be in such condition that noxious odors are
carried to adjacent public or private property. Any chicken coop and run authorized by permit
under this chapter may be inspected at any reasonable time by a city animal control officer or
other agent of the city.
113A.06. Violations. Any person who keeps or harbors chickens in the city limits of
Rochester without obtaining or maintaining a current permit or after a permit has been
suspended or revoked by council action shall be guilty of a petty misdemeanor.
(2805, 4/7/92; 3838, 11/5/07)
8:24
Chapter 198. Keeping of Animals*
ait
Chapter 198. Keeping of Animals*
*Editor's note: This chapter is derived from Code 1956, §§ 327.01 -- 327.06; and from Ord. No.
17121, adopted March 22, 1984; and Ord. No. 17214, adopted Feb. 19, 1985.
Sec. 198.01. Definitions.
As used in this chapter, the terms defined in this section shall have the meanings ascribed to
them:
Environmental health officer means the director of the department of safety and inspections
or his /her designee.
Regulated animal means:
(1) All members of the Felidae family including but not limited to, lions, tigers,
cougars, leopards, cheetahs, ocelots, and servals, but not including domestic cats or
cats recognized as a domestic breed, registered as a domestic breed, and shown as a
domestic breed by a national or international multibreed cat registry association;
(2) Bears;
(3) All nonhuman primates, including, but not limited to lemurs, monkeys,
chimpanzees, gorillas, orangutans, marmosets, lorises, and tamarins; and
(4) Any hybrid or cross between an animal listed herein and a domestic animal, and
any offspring from all subsequent generations of those crosses or hybrids.
Wild or exotic animal means any mammal, amphibian, reptile or bird which is of a species
not usually domesticated, and of a species which, due to size, wild nature or other characteristic, is -
dangerous to humans. The term includes animals and birds, the keeping of which is licensed by the
state or federal government, such as wolves, raptors and pheasants. By way of example and not of
limitation, the term includes: snakes, eagles, weasels, badgers, deer and bison. The term also
includes crossbreeds such as the cross between dogs and coyotes and dogs and wolves. Any wild
or exotic animal which also fits the definition of a "regulated animal" shall be treated as a regulated
animal for the purpose of this chapter.
(C.F. No. 97 -285, § 1, 4 -9 -97; C.F. No. 05 -630, § 1, 8- 10 -05; C.F. No. 09 -1159, § 1, 11- 12 -09)
Sec. 198.02. Permits required; exceptions.
(a) Hoofed animals. No person shall stable, keep or permit any hoofed animal to remain on
any lot or premises within the city without a permit.
(b) Small animals and birds of the orders Anseriformes and Galliformes. No person shall
keep or permit more than one (1) live rabbit, or any mink, ferret, female chicken, turkey, duck,
goose or pigeon or similar small animal or bird, in any dwelling or on the same lot or premises
8:25
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Chapter 198. Keeping of Animals*
with a dwelling or other premises within the city without a permit. This paragraph does not
apply to any single dove or any other small bird, or any chinchilla, hamster, gerbil, white rat,
mouse or guinea pig maintained as a pet.
(c) Public health and safety. To protect any person or neighboring use, or to protect the
public health and safety, the environmental health officer may require permits for any animals
being kept or maintained in a manner or number that may result in unsanitary conditions,
unreasonable noise or odors, or annoyance, or the attraction of rodents or insects.
(d) Bees. No person shall keep or allow to be kept any hive or other facility for the housing
of bees within the city without a permit.
(e) Wild or exotic animals. No person shall keep or allow to be kept any wild or exotic
animal within the city without a permit, whether or not the keeping of such animal is licensed
by the state or federal government.
(f) Maximum number of cats. No person shall keep, harbor or maintain more than three (3)
cats of over the age of three (3) months within any individual dwelling unit within the city
without a permit.
(g) Maximum number of dogs. No person shall keep, harbor or maintain more than three (3)
dogs of over the age of three (3) months within any individual dwelling unit or on any lot or
other parcel of property in the city without a permit.
(h) Exceptions. This section does not apply to animals which are temporarily brought into
the city for the purpose of participating in any circus or show; nor does it apply to any public
zoo, or persons temporarily keeping animals for a public zoo as volunteers, docents or
otherwise; nor to any bona fide research institution, or veterinary hospital, provided protective
devices adequate to prevent such animal from escaping or injuring the public are provided.
(C.F. No. 93 -231, § 1, 3- 18 -93; C.F. No. 97 -285, § 2, 4 -9 -97; Ord. No. 09 -1159, § 1, 11- 12 -09)
Sec. 198.03. Keeping of certain animals absolutely prohibited; exceptions.
(a) Prohibited animals. No person shall keep, maintain, sell or harbor within the City of Saint
Paul any of the following animals:
(1) Any animal or species prohibited by federal or Minnesota law.
(2) Any exotic animal or species when kept in such numbers or in such a way as to
constitute a likelihood of harm to the animals themselves, to human beings or to the
property of human beings, or which constitutes a public or private nuisance.
(3) Any skunk, whether captured in the wild, domestically raised, descented or not
descented, vaccinated against rabies or not vaccinated against rabies.
(4) Any regulated animal obtained after January 1, 2005.
(5) Any member of the familyCanidae, such as wolves, dingoes, coyotes and
jackals, except domesticated dogs.
(6) Any crossbreed such as the crossbreed between dogs and coyotes and dogs and
wolves.
(7) Any raccoon.
(8) Any red -eared turtle (Pseudemys scriptae- legans ) with a shell length of Tess
than four (4) inches.
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Chapter 198. Keeping of Animals*
(9) Any sugar glider (Petauras breviceps ).
(10) Any male chicken (rooster).
Any person keeping any prohibited animal identified above may have it seized immediately by
animal control.
(b) Exceptions.
(1) This section does not apply to animals which are temporarily brought into the city
for the purpose of participating in any circus or show; nor does it apply to any public
zoo, or persons keeping animals for a public zoo as volunteers, docents or otherwise;
nor to any bona fide research institution, or veterinary hospital, provided protective
devices adequate to prevent such animal from escaping or injuring the public are
provided.
(2) In the case of regulated animals, those exemptions listed in Minn. Stat. §
346.155, subd. 7 shall apply.
(C.F. No. 93 -231, § 1, 3- 18 -93; C.F. No. 97 -285, § 3, 4 -9 -97; C.F. No. 05 -630, § 1, 8- 10 -05; C.F. No.
07 -1147, § 1, 12- 26 -07; C.F. No. 09 -1159, § 1, 11- 12 -09)
Sec. 198.04. Permit; application, procedures, term and fee.
(a) Application. Any person desiring a permit required under the provisions of section
198.02 shall make written application therefor to the environmental health officer upon a form
prescribed by and containing such information as required by the environmental health
officer. Among other things, the application shall contain the following information:
(1) A description of the real property upon which it is desired to keep the animal or
animals.
(2) The species and number of animals to be maintained on the premises.
(3) A statement that the applicant/permittee will at all times keep the animals in
accordance with all the conditions prescribed by the environmental health officer, or
modification thereof, and that failure to obey such conditions will constitute a violation
of the provisions of this chapter and grounds for cancellation of the permit.
(4) Such other and further information as may be required by the environmental
health officer.
(b) Consent. The applicant for any permit required under the provisions of section 198.02
shall provide with the application the written consent of seventy -five (75) percent of the
owners or occupants of privately or publicly owned real estate within one hundred fifty (150)
feet of the outer boundaries of the premises for which the permit is being requested or, in the
alternative, proof that applicant's property lines are one hundred fifty (150) feet or more from
any structure. However, where a street separates the premises for which the permit is being
requested from other neighboring property, no consent is required from the owners or
occupants of property located on the opposite side of the street. Where a property within one
hundred fifty (150) feet consists of a multiple dwelling, the applicant need obtain only the
written consent of the owner or manager, or other person in charge of the building.
(c) Fees; term of permit. For all permits issued hereunder, the fee shall be established by
ordinance as provided in section 310.09(b) of the Legislative Code. The term of the permit
shall be one (1) year from date of issuance, and the permit may be renewed from year to year
with payment of an additional fee, established by ordinance as provided in section 310.09(b)
of the Legislative Code, upon application to the environmental health officer; provided,
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Chapter 198. Keeping of Animals*
however, that upon any adverse action or violation of the conditions of the permit or
substantial amendment to the permit application as originally described, a new application,
fee and investigation may be required before the granting of a permit or renewal thereof.
(d) Investigation by environmental health officer; may grant permit. The environmental
health officer shall make such investigation as is necessary and may grant, deny or refuse to
renew any application for permit under this chapter.
(e) Permit; conditions. If granted, the permit shall be issued by the environmental health
officer and shall state the conditions, if any, imposed upon the permittee for the keeping of
animals under the permit. The permit shall specify the restrictions, limitations, conditions and
prohibitions which the environmental health officer 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 may be modified from time
to time or revoked by the environmental health officer for failure to conform to such
restrictions, limitations or prohibitions. Such modification or revocation shall be effective from
and after ten (10) days following the mailing of written notice thereof by certified mail to the
person or persons keeping or maintaining such animals.
(f) Refusal to grant or renew a permit. The environmental health officer may refuse a permit
to keep or maintain animals hereunder for failure to comply with the provisions of this chapter,
if the facilities for the keeping of the animals are or become inadequate for their purpose, if
the conditions of the permit are not met, if a nuisance condition is created, or if the public
health and safety would be unreasonably endangered by the granting of such permit.
(g) Numbers of animals; species. The permit shall state the maximum number and species
of animals which may be maintained on the premises. The permittee shall not exceed the
maximum number of animals allowed on the permit or substitute the animals with different
species. A permittee that wishes to increase the number of animals allowed or to substitute or
add a different species to those listed on the permit, shall be required to apply for a new
permit and pay the appropriate fee.
(C.F. No. 95 -520, § 1, 6 -7 -95; C.F. No. 97 -285, § 4, 4 -9 -97)
Sec. 198.05. Rules and regulations; conditions of permits.
(a) Rules and regulations. The environmental health officer shall promulgate rules and
regulations prescribing the general conditions, limitations and prohibitions applicable to the
keeping of animals or classes of animals under permits granted pursuant to the provisions of
this chapter. Such rules and regulations, and any amendments thereto, are effective twenty
(20) days after filing with the city clerk.
(b) Special conditions. The environmental health officer may prescribe specific conditions,
limitations and prohibitions pertaining to the keeping of particular animals under any permit
granted pursuant to the provisions of this chapter as the environmental health officer deems
reasonably necessary to protect any person or neighboring use from unsanitary conditions,
unreasonable noise or odors, or annoyance, or for the control of rodents and insects, or to
protect the public health and safety.
(C.F. No. 97 -285, § 5, 4 -9 -97)
Sec. 198.055. Regulated animal registration.
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Chapter 198. Keeping of Animals*
(a) Within 60 days after January 1, 2005, a person who possesses a regulated animal must
notify in writing the animal control officer using a registration form prepared by the Minnesota
Animal Control Association and approved by the board of animal health. The notification shall
include the person's name, address, telephone number, and a complete inventory of each
regulated animal that the person possesses. The inventory shall include the following
information: number and species of each regulated animal; the microchip number and
manufacturer for each regulated animal if available; the exact location where each regulated
animal is kept; and age, sex, color, weight, scars, and any distinguishing marks of each
regulated animal. A certificate of registration shall be issued to the possessor upon payment
of the registration fee, and if necessary, the site inspection fee. Fees for registration and site
inspections shall be in the amounts as set forth in § 310.18.
(b) A person who possesses a regulated animal must notify animal control in writing within
ten (10) days of a change in address or location where the regulated animal is kept.
(c) A person with a United States Department of Agriculture license for regulated animals
shall forward a copy of the USDA inspection report to animal control within thirty (30) days of
receipt of the inspection report.
(d) If a person who possesses a regulated animal has a microchip implanted in the animal
for identification, the name of the microchip manufacturer and the identification number of the
microchip must be provided to the local animal control authority. If a regulated animal is
sedated for any reason and the animal does not have a microchip implanted, a microchip
must be implanted in the regulated animal. Within thirty (30) days after the microchip is
implanted, the name of the microchip manufacturer and the identification number of the
microchip must be provided to the local animal control authority. A person selling or
transferring ownership of offspring under six (6) months of age as provided in Minn. Stat. §
346.155, subd. 2, para. (e), is encouraged to have a microchip implanted in the animal prior
to the sale or transfer. Within 30 days of acquisition, a person acquiring ownership of an
offspring with a microchip implanted shall comply with microchip information reporting
requirements under this section.
(C.F. No. 05 -630, § 1, 8- 10 -05)
Sec. 198.06. Nuisance.
No person shall keep any animal, bird or other living thing in such a manner as to constitute a
nuisance.
Sec. 198.07. Enforcement.
The environmental health officer shall enforce the provisions of this chapter.
(C.F. No. 97 -285, § 6, 4 -9 -97)
Sec. 198.08. Violation; penalty.
Any person who violates any provision of sections 198.02, 198.03, 198.055 or 198.06 is guilty
of a misdemeanor.
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SCA L D
•
Planning Commission Agenda Item 6
ciry OF ST. JOSEPH
MEETING DATE: August 2, 2010
AGENDA ITEM: Paul Krey, Discussion on housing Chickens in R1 Zoning
District.
SUBMITTED BY: Administration /Police
PREVIOUS PLANNING COMMISSION ACTION: None
BACKGROUND INFORMATION: The Police Department became aware of a property housed 12
chickens and notified the property owner that they had to get rid of the Chickens. He was unaware of
the Ordinance and would like to address the Planning Commission about allowing chickens in residential
areas. I have contacted the area Cities and as to their allowance for chickens and their response is
copied below. Paul Krey is the property owner with the Chickens and he will be present at the Planning
Commission meeting to see if the Commission would allow such in residential areas.
He stated that the website backyardchicken.org is a good reference site for information. The Planning
Commission agenda has been amended to include Paul.
Sartell only allows non - domestic animals in our agricultural and in our rural residential zones.
Anita M. Rasmussen, AICP
Planning and Community Development Director
City of Sartell
We define chickens as a farm animal and we only allow farm animals in areas that are zoned Ag.
Todd Schultz
City of Sauk Rapids
Community Development Director
Our ordinance does not allow an wild, undomesticated or exotic animal to remain within the City Limits.
Chickens would fall under the bird category which is a species usually not domesticated. The only area
that they would be permitted is in a agricultural zoning district.
Bill Barber
Building & Planning Coordinator
City of Waite Park
8:31
Matt Glaesman forwarded me your question regarding chickens. In 2009 we had a significant revision to
our animal control ordinance Section 1040. There was some discussion then about requests to allow
chickens in residential zones. In doing some research, yes there are some Minnesota cities that allow it.
Generally they do not allow roosters due to the noise issue. We found anecdotally that many residents
were also against it.
Please keep in mind that animals are not only raised for their eggs. Some people may raise chickens to
butcher. There is nothing in our ordinance that would prohibit butchering for oneself. l think the area
deer hunters practice this seasonally in many garages.
The Animal Control Task Force, Health and Housing Advisory and Appeals Committee, and City Council all
voted to limit what was defined as a domestic and a non - domestic animal. It is through these definitions
that poultry is only allowed in rural residential and agricultural areas.
Lynn Moore of the City of Bloomington was working on an enforcement case regarding chickens owned
by a particularly wealthy homeowner in their city. She might also be able to lend an interesting
perspective.
Please let me know if I can be of further assistance
ATTACHMENTS: None
REQUESTED PLANNING COMMISSION ACTION: Determine whether staff should pursue researching
drafting an Ordinance Amendment or if the matter should e referred to the City Council.
8:32