Notwithstanding Section 24-602 of the City of Ottawa Zoning Regulations up to five (5) female chickens may be maintained as part of a single-family residence on lots up to three (3) acres in size, and only upon the issuance of a permit therefor submitted by the property owner, approved by the director of Community Development or his or her designee, and issued by the city clerk.
(Ord. 4119-23; Ord. 4132-24)
Chicken Permit shall be required to keep or maintain chickens in accordance with this section on any premises less than three acres within the City.
A. Permits will be granted and renewed on a biennial basis and shall expire on the first day of March in the second year after issuance or renewal. The City Clerk with assistance from the Community Development Department shall determine whether to approve, conditionally approve, or deny the application. In approving or denying the application, the City Clerk may consider all relevant factors including, but not limited to, the following:
1. Whether the applicant has complied with all regulations provided for in this ordinance and the City of Ottawa Municipal Code and City of Ottawa Zoning Regulations.
2. Any prior complaints, charges, or convictions for nuisance or other animal or property maintenance related violations involving the applicant or owner of the property.
B. If the City Clerk denies a permit, notice of the denial shall be given in writing to the permit holder at the address provided for in the application, identifying the reasons for the denial and the opportunity for review by the City Manager, or their designee. Such decision shall be final.
C. Submission of an application to the City shall be deemed to be the consent of the applicant to the right of entry and inspection of the premises sought to be permitted at all reasonable times with the applicant, or applicant’s representative, present.
D. The fee for such a permit shall be as adopted by the City Commission by resolution.
E. A permit must be obtained prior to the establishment of any chicken coop.
F. Permits hereunder are not transferable.
(Ord. 4119-23; Ord. 4132-24)
Female chickens permitted under this section shall be kept and maintained under the following standards:
A. Female chickens shall be provided access to both a predator-proof fenced coop and a fenced run which shall be built in compliance with all building code requirements and setback regulations applicable to residential accessory structures, and in no event shall be located:
1. Closer than 10 feet to the property line of an adjoining property;
2. Closer than 50 feet to any house or other building located on developed property other than the residence or lot on which the coop is located;
3. Anywhere other than the rear yard of the property; or
4. Upon land not owned by the permit holder, unless the permit holder is a tenant who has obtained the written consent of the owner.
B. The permit holder shall comply with all orders and regulations issued by the animal control officer or other legal authority in the event of outbreak in the region of any disease or affliction potentially affecting or being passed by fowl, or in the event of any other matter of public health or safety necessity.
C. There shall be no outdoor slaughtering of chickens.
(Ord. 4119-23; Ord. 4132-24)
Violation of any term of this article or condition of the permit may result in revocation of the permit. The Municipal Judge shall have the authority to order any seized animal confined, destroyed or removed from the City and assess costs against the owner. The penalty for the violation of any provision of this article shall be fixed by the Municipal Court and shall not exceed the penalties for a Class C misdemeanor for a first offense and a Class B misdemeanor for any second or subsequent offense.
(Ord. 4119-23, Ord. 4132-24)