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Ord 508 Domestic Chickens CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA ORDINANCE NO. 508 ORDINANCE 508 AMENDING PART OF TITLE 5 - POLICE REGULATIONS AND TITLE 12 – ZONING OF THE CITY CODE REGARDING THE KEEPING OF DOMESTIC CHICKENS The City Council of the City of Mendota Heights, Minnesota, does hereby ordain: Section 1. City Code Title 5 – POLICE REGULATIONS is hereby amended as follows: Title 5-3 is hereby amended by changing the name of the section as follows: Chapter 3 Domestic Animals Title 5-3-1: Definitions is hereby amended by adding the following definition: CHICKEN: A fowl of the genus Gallus and species Gallus domesticus that is commonly referred to as domesticated fowl. Title 5-3-7: Impoundment and Redemption Provisions, subparagraph B is hereby amended as follows: B. Enforcement Officials Designated; Powers: The city council shall designate the animal warden and may, if it so determines, appoint such additional persons as it may deem necessary to aid and assist the animal warden in the performance of his/her duties hereunder. All references to the animal warden in this chapter shall be deemed to include such assistants. Such persons and the police officers of the city are authorized to cite owners of dogs or other animals for violations of this chapter in addition to their authority to impound dogs as prescribed by subsection C1 of this section. Title 5-3 of the City Code is hereby amended by adding a new sub-section 5-3-10 as follows and renumbering the subsequent sub-sections: 5-3-10: CHICKENS A. Up to four female chickens, Gallus gallus domesticus, may be kept on a residential premise as domestic animals, provided such chickens are kept in an accessory structure meeting the provisions of Section 12-1D-3 of the Zoning Code. Such structure must be constructed so that it may be easily cleaned, and so that the chickens are completely enclosed and protected from children and animals on the outside. Ord. 508 Page 2 of 5 B. The Animal Warden has the authority to enter upon private premises whenever there is a reasonable cause to believe that the chickens are being mistreated or pose a threat to the health and safety of people or other animals. 5-3-11: EXEMPTIONS FROM PROVISIONS: Hospitals, clinics and other premises operated by licensed veterinarians exclusively for the care and treatment of animals are exempt from the provisions of this chapter except where such duties are expressly stated. (Ord. 331, 5-18-1999) 5-3-12: PENALTY: Any person violating any of the provisions of this chapter shall, upon conviction therefor, be punishable as provided in section 1-4-1 of this code. (Ord. 331, 5-18-1999; amd. 2003 Code) Section 2. City Code Title 12 – ZONING is hereby amended as follows: Title 12-1B-2: Definitions is hereby amended to add the following definitions: ANIMALS, DOMESTIC: Dogs, cats, birds and other common domestic household pets including female chickens (Gallus gallus domesticus) kept for purposes of companionship or egg production for household use only. CHICKEN COOP: Any structure used for the housing of chickens. CHICKEN RUN: A fenced outdoor area for the keeping and exercising of chickens. ROOSTER: A male chicken. Title 12-1D-3C Accessory Structures In All Residential Districts is amended by adding a new paragraph 2 as follows: 2. Chicken Coops and Runs in all Residential Districts a. Number, Size and Building Requirements: (1) One chicken coop and run may be constructed with the issuance of a permit as stipulated in this Title. (2) The dimensions of such coop and run are limited to: (A) The interior floor space of the chicken coop shall be a minimum size of two (2) square feet for each chicken authorized under the permit. The floor Ord. 508 Page 3 of 5 area of the run must have a minimum of five (5) square feet per chicken. The coop and run must not exceed a maximum area of one hundred and forty-four (144) square feet. (B) The coop and run are limited to a maximum height of ten (10) feet tall, whether the accessory structure is for sole use as a chicken coop or if it is part of an accessory structure also used for other purposes. The chicken coop portion of such a structure may be no more than ten (10) feet tall. (C) The coop and run must be set back 10 feet from the side and rear lot lines of the property. The coop and run must be located in the rear or side yard and are not permitted in the front yard of the property. (3) Construction requirements for the chicken coop and run include: (A) The exterior finish materials of the chicken coop shall be: (i) weather- resistant, protective covering material, decay-resistant wood, or if exterior finish wood is not decay resistant, then the wood finish shall be protected from the elements and decay by paint or protective covering (e.g., siding, fascia wrap); and (ii) in accordance with the accessory structure regulations set forth in the zoning regulations in this Code. (C) The construction of and materials used for the chicken coop and run must be adequate to prevent access by rodents or other pests. (D) The chicken run shall be attached to the chicken coop. The chicken coop and run shall be deemed as a single structure and subject to the accessory structure regulations set forth in the zoning regulations of this Code. (E) The chicken run shall be fully enclosed (sides and top) by fencing or other similar material. b. Regulations: The keeping, harboring, maintaining, or possessing of any chicken shall be in accordance with the following: (1) No more than four chickens shall be kept or harbored on the premises to which the permit applies. (2) Roosters are prohibited. (3) Slaughtering of chickens on any property zoned for residential use is prohibited. (4) No chicken eggs shall be sold or offered for sale; all chicken eggs shall be for personal use or consumption. (5) Chickens shall not be raised or kept for fighting. Ord. 508 Page 4 of 5 (6) Food materials stored outside shall be within closed containers with lids. (7) All containment areas and structures shall be maintained in a clean, sanitary, and odor-free environment and shall be free from the presence of rodents or other pests at all times. (8) Fecal waste or litter shall be removed at such reasonable times to prevent odors from emitting over property lines. Such waste or litter must be double bagged and disposed of in city garbage. (9) Chickens shall not be kept in such a manner as to constitute a public nuisance. Any violation of the provisions of this subdivision shall be deemed a public nuisance. (10) Any chicken coop and run authorized under this section may be inspected at any reasonable time by the City Zoning Administrator, Animal Warden or their designee. (11) Permit Required: An application for a permit hereunder shall be filed with the city clerk upon an application form furnished by the city. The permit fee, which shall be paid and filed with the permit application, shall be in an amount established by city council resolution. A permit issued hereunder shall be for duration of one year from its date of issuance. An application for permit renewal shall be filed 60 days prior to the expiration of the current permit. The permit application shall include, but not be limited to, the following: (A) The full name and address of the following persons: a. The applicant signed thereto; and b. The owner(s) of the premises on which chickens are sought to be kept and for which the permit would apply; (B) The street address of the premises on which chickens are sought to be kept; (C) The number of chickens to be kept on the premises; (D) A detailed sketch plan of the premises on which chickens are sought to be kept, including the location, the dimensions and design of the coop and run, establishing compliance with the chicken coop and run specifications provided in Section 12-1D-3; (E) A statement certifying whether the property's homeowners' association rules, if any, prohibit the keeping of chickens on the property for which the application is sought; (F) If the a�plicant is not the fee owner of the �remises on which the chickens are sou�ht to be kept and for which the �ermit would apply, the application shall be si�ned bv all fee owners of the premises. (G) Any other and further information as the city deems necessarv. �12) A permit granted under this section of the code mav be revoked bv the Zoning Administrator or Animal Warden with a findin� in writin� to the applicant that a violation of an�of these standards has occurred or that there is a threat to public health safety or welfare. Such revocation mav be appealed to the Cit�Council whose decision shall be iinal. Title 12-1D-3C.2 is amended by renumbering it to paragraph 3 and amending sub-paragraph 2 as follows: 3. Accessory structures (other than detached, private garages) in all residential districts: (2) Property is four (4) acres or less*: One accessory structure with the area not to exceed one hundred forty four (144) square feet, or one accessory structure plus a chicken coo� and run provided the total of both structures shall not exceed one hundred forty-four (144) square feet. Title 12-1E-3C. Permitted Accessory Uses is hereby amended to add the following use: Keepin�of chickens for noncommercial �urposes as re�ulated in Section 5-3-10 and in Section 12-1D-3 of this code Section 3. This Ordinance shall be in effect from and after the date of its passage and publication. Adopted and ordained into an Ordinance this seventh day of March, 2017. ATTEST , , Lorri Smith, City Clerk CITY COUNCIL CITY OF MENODTA HEIGHTS ��c.�..Qi.c, 6/�J e�� Neil Garlock, Mayor Ord. 508 Page 5 of S