Urban Chickens
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55A.01 DEFINITIONS.
The following terms are defined for use in this chapter.
- “Chicken” means a member of the subspecies Gallus gallus domesticus, a domesticated fowl.
- “Duplex” means the use of a legally described lot for two dwelling units, each occupied by one family within a single building.
- “Permittee” means an applicant who has been granted a permit to raise, harbor or keep chickens pursuant to this Chapter.
- “Permitting Officer” means the Public Safety Director or designee.
- “Permitted tract of land” means the tract of land as identified by the application upon which a permit is granted for keeping chickens pursuant to this Chapter.
- “Single Family Dwelling” means any building that contains only one dwelling unit used and occupied for living purposes.
- “Tract of land” means a property or a zoned lot that has one single family dwelling located on that property or zoned lot.
- “Urban Chicken” means a chicken kept on a permitted tract of land pursuant to a permit issued under this Chapter.
55A.02 PERMIT REQUIRED.
No person shall raise, harbor or keep chickens within the City of Nevada without a valid permit obtained from the Permitting Officer under the provisions of this Chapter.
- Annual Application and Fee. In order to obtain a permit, an applicant must submit a completed application each year on forms provided by the Permitting Officer, either on-line or in paper form, and paying all fees required by this Chapter. There is no refund on fees.
- Inspection and Fee. Prior to an applicant obtaining the first permit for a tract of land, the applicant must allow inspection of the property and pay a one-time Inspection Fee as set forth in the Fee Appendix. Inspection of the requirements set forth in 55A.04 Zoning, 55A.06 Enclosures and 55A.10 Waste Storage will be performed. No permit shall be issued until the Permitting Officer has provided written approval of the inspection requirements.
- Requirements. The requirements to the receipt of a permit include:
- A. All requirements of this Chapter are met;
- B. All fees, as may be provided for from time to time by City Council resolution, for the permit are paid in full;
- C. There are no nuisance conditions, or unresolved violations of nuisance ordinance, on the property.
- D. All judgments in the City’s favor and against the applicant have been paid in full;
- E. The tract of land to be permitted shall contain only one Single Family Dwelling or a Duplex, which is occupied and used as such by the applicant/permittee.
- F. The applicant shall disclose and provide copies of any deed restrictions, condominium restrictions, neighborhood association by-laws, covenants and restrictions, and rental agreements that may concern the ability of the applicant to have urban chickens on the proposed permitted tract of land.
- G. The applicant has provided a completed Adjoining Property Owners’ Approval Form, including the signature of each property owner that is immediately adjacent to the proposed permitted tract of land, approving of the applicant’s intent to obtain a permit. The date of each signature shall be within thirty (30) days of submitting the application.
- H. If the applicant is renting the proposed permitted tract of land, the property owner of the parcel must provide written approval of any application for Urban Chickens. Tenants shall submit with their application written authorization from the property owner to keep chickens or install a coop.
- Issuance of Permit. If the Permitting Officer concludes, as a result of the information contained in the application, that the requirements for a permit have been met, then the Officer shall issue the permit.
- Denial, suspension, revocation, non renewal. The Permitting Officer may deny, suspend, revoke, or decline to renew any permit issued for any of the following grounds:
- A. False statements on any application or other information or report required by this Chapter to be given by the applicant;
- B. Failure to pay any application, penalty, reinspection or reinstatement fee required by this Chapter or city council resolution;
- C. Failure to correct deficiencies noted in notices of violation in the time specified in the notice;
- D. Failure to comply with the provisions of an approved mitigation/remediation plan by the Permitting Officer, or designee.
- E. Failure to comply with any provision of this Chapter.
- Notification. A decision to revoke, suspend, deny or not renew a permit shall be in writing, delivered by ordinary mail or in person to the address indicated on the application. The notification shall specify reasons for the action.
- Effect of revocation, etc. When an application for a permit is denied, or when a permit is revoked, the applicant may not re-apply for a new permit for a period of 1 year from the date of the denial or revocation.
- Appeals. No permit may be denied, suspended, revoked, or not renewed without notice and an opportunity to be heard is given the applicant or holder of the permit. In any instance where the Permitting Officer has denied, revoked, suspended, or not renewed a permit, the applicant or holder of Urban Chicken may appeal the decision to the City Administrator, or designee other than the Permitting Officer within ten (10) business days of receipt by the applicant or holder of the permit of the notice of the decision. The applicant or holder of the permit will be given an opportunity for a hearing. The decision of the officer hearing the appeal, or any decision by the Permitting Officer which is not appealed in accordance to this Chapter shall be deemed final action.
55A.03 NUMBER AND TYPE OF CHICKENS ALLOWED.
- The maximum number of chickens allowed is six (6) per tract of land.
- Only female chickens (hens) are allowed.
- Chickens must have wings appropriately clipped to prevent them from flying.
55A.04 ZONING DISTRICTS ALLOWED.
Permits will be granted only for tracts of land located in residential districts as identified on the current Official Zoning Map on file with the City of Nevada.
55A.05 NON-COMMERCIAL USE ONLY.
A permit shall not allow the permittee to engage in chicken breeding or fertilizer production for commercial purposes.
55A.06 ENCLOSURES.
- Chickens must be kept in an enclosure or fenced area at all times. Chickens shall be secured within a henhouse or chicken tractor during non-daylight hours.
- Enclosures must be kept in a clean, dry, odor-free, neat and sanitary condition at all times.
- Henhouses, chicken tractors and chicken pens must provide adequate ventilation and adequate sun and shade and must be impermeable to rodents, wild birds and predators, including dogs and cats.
- Henhouses and chicken tractors.
- A. Henhouses and chicken tractors shall be designed to provide safe and healthy living conditions for the chickens with a minimum of four (4) square feet and ten (10) square feet enclosed outside space per bird while minimizing adverse impacts to other residents in the neighborhood.
(1) A henhouse or chicken tractor shall be enclosed on all sides and shall have a roof and doors. Access doors must be able to be shut and locked at night. Opening windows and vents must be covered with predator and bird proof wire of less than one (1) inch openings.
(2) The materials used in making a henhouse or chicken tractor shall be uniform for each element of the structure such that the walls are made of the same material, the roof has the same shingles or other covering, and any windows or openings are constructed using the same materials. The use of scrap, waste board, sheet metal, or similar materials is prohibited. Henhouses and chicken tractors shall be well maintained.
- B. Henhouses, chicken tractors and chicken pens shall only be located in the rear yard required by Nevada Municipal Code 165, unless the setback requirements cannot be met, in which case the Permitting Officer may authorize urban chickens to be kept in another area of the permitted land but within the required setbacks.
C. Henhouses, chicken tractors and chicken pens must be located at least ten (10) feet from the property line and at least twenty-five (25) feet from any adjacent residential dwelling, church, school or place of business.
- A. Henhouses and chicken tractors shall be designed to provide safe and healthy living conditions for the chickens with a minimum of four (4) square feet and ten (10) square feet enclosed outside space per bird while minimizing adverse impacts to other residents in the neighborhood.
- Any enclosed chicken pen shall consist of sturdy wire fencing. The pen must be covered with wire, aviary netting, or solid roofing.
55A.07 ODOR AND NOISE IMPACTS.
- Odors from chickens, chicken manure or other chicken related substances shall not be perceptible beyond the boundaries of the permitted tract of land.
- Noise from chickens shall not be loud enough beyond the boundaries of the permitted tract of land at the property boundaries to disturb persons of reasonable sensitivity.
55A.08 PREDATORS, RODENTS, INSECTS AND PARASITES.
The Permittee shall take necessary action to reduce the attraction of predators and rodents and the potential infestation of insects and parasites. Chickens found to be infested with insects and parasites that may result in unhealthy conditions to human habitation may be removed by a Nevada Animal Control Officer.
55A.09 FEED AND WATER.
Chickens shall be provided with access to feed and clean water at all times. The feed and water shall be unavailable to rodents, wild birds and predators.
55A.10 WASTE STORAGE AND REMOVAL.
All stored manure shall be covered by a fully enclosed structure with a roof or lid over the entire structure. No more than three (3) cubic feet of manure shall be stored on the permitted tract of land. All other manure not used for composting or fertilizing shall be removed. The henhouse, chicken tractor, chicken pen and surrounding area must be kept free from trash and accumulated droppings. Uneaten feed and dead chickens shall be removed in a timely manner and disposed of in a sanitary manner.
55A.11 CHICKENS AT LARGE.
- Permittee’s chickens shall not roam off the permitted track of land. A domesticated animal causing the death of a chicken which is off the permitted tract of land shall not, for that reason alone, be considered a dangerous or aggressive animal. The City of Nevada shall not be obligated to enforce its animal control provisions in such instances.
- The City of Nevada shall not be obligated to impound or provide shelter for chickens found running at large.
- The Permittee shall place and keep leg bands on all of his chickens showing the permit number.
- It shall be unlawful for any person to keep chickens in violation of any provision of this Chapter or any other provision of the Nevada Municipal Code.
- It shall be unlawful for any owner, renter or leaseholder of property to allow chickens to be kept on the property in violation of the provisions of this article.
- No person shall keep chickens inside a single family dwelling unit, multi family dwelling unit(s) or rental unit.
- No person shall slaughter any chickens within the city of Nevada.
- No person shall keep a rooster.
- No person shall keep chickens on a vacant or uninhabited tract of land.
55A.13 VIOLATIONS.
Any violation of the terms of this Chapter that constitutes a health hazard or that interferes with the use or enjoyment of neighboring property is a nuisance. Violations of any provision of this Chapter shall be prosecuted as either a misdemeanor or a municipal infraction at the sole discretion of the animal control officer and subject to the fines as set forth in the Appendix to this Code of Ordinances and established by resolution.
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CHRIS BRANDES
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