(4/13) After all the hoopla and back and forth on the changing of the town code to allow residents to own chickens within town limits, the final act—a public meeting—was anything but.
Not a single resident stood up, for or against the changing of the town code, and without discussion, the council voted unanimously to approve the code change.
The code change will take effect on May 13, at which time residents can apply for a permit for their chickens and begin the process of bringing their chickens home to roost.
As amended by the Town Council, property owners within the town who own less than an acre will be allowed to have 5 chickens. Owners of more than one acre will be allowed to own up to 12 chickens. Ownership of roosters is prohibited.
A majority of the requirements within the ordinance are related to ensuring the safety, health and wellbeing of the chickens. Especially, the ordinance lays out requirements for the minimum size of chicken coops and their outdoor runs, based on the number of chickens.
Chickens must be safely secured in well-constructed coops at night, and be protected at all times from attacks from wild animals, dogs and cats. In addition, veterinary care must be provided for all sick or injured chickens.
The rights of adjacent property owners were also addressed by the proposed requirements. Specifically, when not in their pens, all chickens must be in an enclosed area to prevent them from being "free range chickens," according to Cutshall. In addition, the enclosure cannot be closer than 10 feet to an adjoining property.
Any odor from the chickens, including waste byproducts, may not be discernable at the property line. Owners must dispose of all chicken waste, not used for fertilizer, properly. Disposal of chicken waste in the town’s trash system is strictly prohibited.
In order to obtain a town permit, owners must first register their chickens with the State’s Domestic Poultry division. Following the state registration, a resident can then apply for a town permit.
Prior to issuing a permit, the property will be inspected by the town’s zoning enforcement officer to verify that the chicken coop and enclosure are compliant with all requirements.
Owners who violate any of the requirements within the new ordinance will be cited and fined, with fines increasing with each violation. An owner who is cited three times within a 12 month period will have their permit withdrawn and will be required to move their chickens outside of town limits.
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