HomeMy WebLinkAbout2010-02-08 10-061A ORDINANCECOUNCIL ACTION
Item No. I 0 0 6 1 A I
Date: 2/8/10
Item/Subject: Ordinance, Amending Chapter 65 - Domestic Chickens
Responsible Department: Code Enforcement
Commentary: This amendment allows the owners and residents of properties in residential
zones to keep up to six (6) laying hens for egg production. The ordinance is based on the
successful ordinances passed in other communities that have allowed small residential bird
flocks, most notably Portland and South Portland. Both communities provided guidance and
some level of assurance the proposal would work. We received significant input from a number
of citizens and incorporated some but not all of their suggestions. The draft ordinance attached
represents the citizen input we received and the staff's consensus for safety, health and insuring
the quality of life in our residential neighborhoods.
Given the number of times this has been discussed and reviewed at the Infrastructure
Committee, this appears for First Reading only and is not scheduled to return to Committee.
Formal Council action would be anticipated on February 22"d
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Manager's Comments:
Department Head
City Manager
Associated Information: Ordinance, Memo
Budget Approval:
Legal Approval:
Introduced for
Passage
x First Reading
Referral
Page _ of _
Finance Director
City Solicitor
10 061A
Assigned to Councilor - Hawes February 8, 2010
GI`fY OF BANGOR
r
(TITLE.) Ordinance, Amending Chapter 65 — Domestic Chickens
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BANGOR THAT CHAPTER 65 IS
AMENDED BY ADDING:
65.11.A Purpose.
Notwithstanding Sections 65-10 and 65-11 above domesticated chickens may be kept at
a residential property in accordance with this section. The purpose of this article is to provide
standards for the keeping of domesticated chickens. It is intended to enable residents to keep
a small number of female chickens on a non-commercial basis while limiting the potential
adverse impacts on the surrounding neighborhood. The City recognizes that adverse
neighborhogd impacts may result from the keel2ing of domesticated chickens as a result of
noise, odor, unsanitary animal living conditions, unsanitary waste storage and removal, the
attraction of predators, rodents, insects, or parasites, and non -confined animals leaving the
owner's property. This article is intended to create licensing standards and requirements that
ensure that domesticated chickens do not adversely impact the neighborhood surrounding the
roperty on which the chickens are kept.
65.11.1.6 Permit Required.
An annual Dermit is reauired for the keeoina of any domesticated chickens in the City of
Bangor. Additionally, a building permit is required for the construction of a henhouse and
chicken pen. The annual permit to kee 2 chickens is issued to the permittee and not be
assigned. If the applicant does not own the subiect Droperty, then the landowner must be
co -applicant.
The first permit year shall be April 1, 2010 through December 31, 2010. Thereafter the
permit year shall be January 1 through December 31. In the first permit Year, no more than
ten (10) permits shall be issued. In each subsequent permit year 10 more permits may be
issued in addition to renewals of previously issued pgrmits. Permits shall be issued, based on
the chronological order in which they gre received.
IN CITY COUNCIL
February 8, 2010
First Reading
r
/ IlU' A' �Ml�
IN CITY COUNCIL
February 22, 2010
Motion Made and Seconded for Passage
Motion Made and Seconded to Table
Vote: 7-2
Councilors Voting Yes: Bronson,
Gratwick, Hawes, Nealley, Stone,
Weston & Wheeler
Councilors Voting No: Blanchette &
Palmer
Tabled
DEPUTY CITY CLERK / r
. ..
ORDINANCE
(TITLE, Ampnding Chanter 65 - Domestic
Assigned to Councilor`]12 pr,
l0 061A
65.11.1.0 Fees.
The fee for an annual permit to keep chickens is thirty-one dollars ($31.00). In
addition, a building permit shall be required for the construction of a henhouse and chicken
pen. The permit shall be renewed on or before January 1 of each year.
65.11.1.D Location, Number and Type of Chickens Allowed.
(a) The maximum number of chickens allowed is six (6) per lot regardless of how many
dwelling units are on the lot. In the case of residential condominium complexes, the
maximum number of chickens allowed is six (6)per complex and the applicant must
provide evidence in writing that all owners of the condominium complex and/or the
condominium association approve of the chickens.
(b) Only female chickens are allowed. There is no restriction on chicken species.
65.11.1,E Non -Commercial Use Only.
Chickens shall be kept as Qets and for personal use nl • no person shall sell eggs,
chicken manure, or engage in chicken breeding or fertilizer production for commercial
purposes. The slaughtering of chickens at the residential property is prohibited.
65.11.1.F Encllo ures.
(a) Chickens must be kept in a henhouse or pen enclosure at all times. During daylight
hours, chickens may be allowed outside of their henhouse in a securely fenced pen
enclosure if supervised. Chickens shall be secured within the henhouse during non -
daylight hours. Supervised means that a responsible party is on the premises.
(b) Henhouses and pen enclosures must be clean, dry, and odor -free, kept in a neat
and sanitary condition at all times, in a manner that will not disturb the use or
enjoyment of neighboring lots due to noise, odor or other adverse impact.
c The hen house and pen enclosure must provide adequate ventilation and adequate sun
and shade and must both be impermeable to rodents, wild birds, and predators,
including dggs and cats.
(d) Henhouses.
(1) A henhouse shall be provided and shall be designed to provide safe and healthy
living conditions for the chickens while minimizing. adverse impacts to other
residents in the neighborhood.
10 061A
(a) The structures 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.
(b) Living area. Henhouse must provide a minimum of 4 square feet of floor area
per hen.
(c) The materials used in making the structure 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. The henhouse shall be well-
maintained.
(d)The structure shall be painted; the color shall be uniform around the structure
and shall be in harmony with the surrounding area.
(2) Henhouses shall only be located in the rear yard, behind the residential
structure. In no case may a henhouse or be placed closer than 20 feet to any
abutting property line.
(e) Chicken Pens.
W An enclosed chicken pen must be provided consisting of sturdy wire fencing buried
at least 12" in the ground, or affixed to bedrock. The pen must be covered with
wire, aviary netting, or solid roofing. The use of chicken wire is permitted if the wire
is 19 gauge or heavier.
(2j Enclosed pens must provide a minimum of 10 square feet of ground space per hen.
(3) In no case shall any chicken pen be closer than 20 feet to any abutting prom&
line, nor shall it be located in the front yard of a property.
65.1i.i.G Odor and Noise Impacts.
(a) Odors from chickens, chicken manure, or other chicken -related substances shall
not be perceptible at the property boundaries.
Perceptible noise from chickens shall not be loud enough at the propg& boundaries to
disturb persons of reasonable sensitivity.
10 061A
65.11.1.H Lighting.
Only motion -activated lighting may bg used to light the exterior of the henhouse.
65.11.1.I Predators, Rodents, Insects and Parasites.
The property owner 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
shall be removed by the Animal Control Officer.
65,11.1.3 Feed and Water.
Chickens must be provided with access to feed and clean water at all times; such feed
and water shall be unavailable to rodents, wild birds and predators.
65.11.1.K Waste Storage and Removal.
Provision must be made for the storage and removal of chicken manure. 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. All other manure not
used for composting or fertilizing shall be removed. In addition, the henhouse, chicken pen
and surrounding area must be kept free from trash and accumulated droppings. Uneaten feed
shall be removed in a timely manner.
65.11.1.L Application for Permit.
Every applicant for a permit to keep domesticated chickens shall:
(a) Complete and file an application on a form prescribed by the Code Enforcement
Officer. The application shall include a scaled plotIp_an detailing the location of the
proposed hen house and fenced in pen enclosure, as well as specifications of the type
of wire and netting to be utilized in the hen house and pen enclosure.
(b) Deposit the prescribed permit fee with the Code Enforcement office at the time the
application is filed.
(c) Any material misstatement or omission shall be grounds for denial, suspension or
revocation of the permit.
0 061A
65.11.1.M Aonroval of Permit.
The Code Enforcement Officer shall issue a hermit within 10 business days from the
date of application, if the applicant has demonstrated comRliance with the criteria and
standards in this article.
.11.1.N Denial. en i n or Revogation of Permit.
The Code Enforcement Officer shall deny a permit if the applicant has not demonstrated
compliance with all provisions of this article.
A permit to keep domesticated chickens may be suspended or revoked by the Code
Enforcement Officer where there is a risk to public health or safety or for any violation of or
failure to comply with any of the provisions of this article or with the provisions of any other
ordinance or law.
Any denial, revocation or suspension of a permit shall be in writing and shall include
notification of the right to and 12rocedure for appeal.
65.11.1.0 Appeal.
A person appealing the issuance, denial, suspension or revocation of a permit by the
Code Enforcement Officer may appeal to the Board of Appeals within thirty (30) days of the
decision being rendered.
65.11.1.P Removal of Chickens.
In addition to the penalty stated in 65-14, any violation of the provisions of this article
or of the permit shall be grounds for an order from the Code Enforcement Officer to remove
the chickens and the chicken -related structures.
The Health Inspector, Health Officer, or Animal Control Officer may also order the
removal of the chickens upon a determination that the chickens pose a health risk.
If a chicken dies, it must be dislosed of promptly in a sanitary manner.
10 061A
MEMORANDUM
TO: City Council Members
FROM: James D. Ring, Director - Infrastructure and Development Support
CC: Robert Farrar, Norman Heitmann, Dan Wellington, Jeremy Martin
SUBJECT: Ordinance Amendment to Allow Domestic Chickens in Residential Zones
DATE: February 4, 2010
Recently the Infrastructure Committee has discussed a possible Ordinance Amendment
to allow domestic chickens to be kept in all residential areas. The draft changes were
developed by Legal and Code Enforcement and largely based on existing ordinances in
some other communities.
The Infrastructure Committee and Council have received correspondence from
numerous parties interested in this issue.
At the direction of the Infrastructure Committee, Staff has revised the prior draft and
presented for First Reading at the next week's Council meeting.
The revised version incorporates a number of suggestions that have been received.
Attached is a separate memo from Code Enforcement that outlines the revisions.
WD
MEMORANDUM
TO: JIM RING, CITY ENGINEER
FROM: jEREUY NLARTIN, DEVELOPMENT COORDINATOR
SUBJECT: CHANGES TO CHICKEN ORDINANCE
DATE: 2/4/2010
CC: DAN WELLINGTON, NORM HEITNLNNN, BOB FARRAR
.L O6lA
The following notes detail reasons for changes to previously reviewed ordinance. As indicated
previously, the chicken ordinance we have promulgated was based on ordinances passed in the cities
of Portland and South Portland and pending ordinances in Orono and Waterville. We have also
reviewed ordinances that have been adopted in other cities around the country. This ordinance is
consistent with those ordinances. I have spoken with city officials in Portland and South Portland
and those individuals have indicated that ordinances have worked thus far to allow citizens to have a
small number of chickens for domestic use only, while protecting the rights of neighboring property
owners from adverse impacts associated with the chickens
65.11.1.B Permit Required
• Amended to include requirement that if applicant does not own the property then the
landowner must be co -applicant. This was added to protect other tenants in apartment
buildings and landowners rights and interest in their property.
• Amended to limit number of permits issued per year to 10 and then 10 more each
subsequent year, in addition to renewals of previously issued permits. This was added to
address comments made by Council Chair Richard Stone and Councilor Carey Wetson.
65.11.1.0 Fees
• This was amended, revising permit fee from $25.00 to $31.00, in order to cover the cost of
permit and inspection costs.
65.11.1.13 Location, Number and Type of Chickens Allowed.
• This was amended to require applicant if in a condo to provide written evidence that all
owners of the condo complex or association approve of the chickens.
65.11.1.E Non -Commercial Use Only
0 This was amended to prohibit the sale of chicken manure.
A 061A
65.11.1.F Enclosures
• This was amended to define "Supervised." Supervised shall mean that a responsible party is
on the premises.
• This section was also amended to clarify the requirements for a henhouse and chicken pen.
• Living area was added to require a henhouse to have a minimum of 4 square feet of floor
area per hen. This is consistent with most ordinances around the country and provides a
minimum area in the henhouse to protect from overcrowding.
• We did not amend the 20' setback from side and rear property lines, as requested. Staff
firmly believes that in order to protect the health, safety and welfare, as well as the rights of
neighboring property owners this setback should not change.
• Regarding the requirement of requiring fencing to be buried at least 12" in the ground we
did not change this requirement, as this is included in all ordinance that this office reviewed
both in Maine and in other states. We did include a provision that allows the fencing to be
affixed to bedrock if an applicant cannot bury the fence 12" because of ledge. This fencing
requirement is to keep predators out, not the chickens in.
• We did amend this section to allow the use of chicken wire, as long as it is 19 gauge or
heavier.
• This section also amended to provide a minimum of 10 square feet of ground space per hen
in order to hopefully alleviate concerns over mud and erosion issues.
6511.1.H Lighting
• We did not amend this section. Mr. Boothby had concerns that "Night Guard" type lighting
would be prohibited. This section would not prohibit the use of this type of equipment.
65.11.1.L Application for Permit
• This was amended to clarify permit application requirements.
65.11.1.M Approval of Permit
• This was amended to require the Code Enforcement Office to issue a permit within 10
business days if application is in compliance with ordinance standards.
2
10-061 A
Amended By Substitution
0i".BAN 1'�
�\ e CITY OF BANGOR
(TITLE.) Ordinance,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BANGOR THAT CHAPTER 65 IS
AMENENDED TO ALLOW THE KEEPING OF DOMESTIC CHICKENS IN RESIDENTIAL ZONES BY
ADDING:
65.11.A Purpose,
Notwithstanding Sections 65-10 and 65-11 above domesticated chickens may be kept at
a residential property in accordance with this section. The purpose of this article is to provide
standards for the. keeping of domesticated chickens. It is intended to enable residents to keep
a small number of female chickens on a non-commercial basis while limiting the potential
adverse impacts on the surrounding neighborhood. The City recognizes that adverse
neighborhood impacts may result from the keeping of domesticated chickens as a result of
noise, odor, unsanitary animal living conditions, unsanitary waste storage and removal, the
attraction of predators, rodents, insects, or parasites, and non -confined animals leaving the
owner's property. This article is intended to create licensing standards and requirements that
ensure that domesticated chickens do not adversely impact the neighborhood surrounding the
property on which the chickens are kept.
65.11.1.8 Permit Re uired.
An annual permit is reauired for the keeping of anv domesticated chickens in the City of
Bangor. Additionally, a building permit is required for the construction of a henhouse and
chicken pen. The annual permit to keep chickens is issued to the permittee and not be
assigned. If the applicant does not own the subiect property, then the landowner must be
co -applicant.
The first Dermit Year shall be April 1, 2010 throuah December 31, 2010. Thereafter the
permit year shall be January 1 through December 31. In the first permit year, no more than
ten (10) permits shall be issued. In each subsequent permit year 10 more permits may be
issued in addition to renewals of previously issued permits. Permits shall be issued, based on
the chronological order in which they are received.
10-061 /�
Amended By Substitution
65.11.1.0 Fees.
The fee for an annual permit to keel chickens is thirty-one dollars ($31.00). In
addition, a building permit shall be required for the construction of a henhouse and chicken
pen. The permit shall be renewed on or before January 1 of each year.
65.11.1,D Location, Number and Type of Chickens Allowed.
(a) The maximum number of chickens allowed is six (6) per lot regardless of how many
dwelling units are on the lot. In the case of residential condominium complexes, the
maximum number of chickens allowed is six (6) per complex and the applicant must
provide evidence in writing that all owners of the condominium complex and/or the
condominium association approve of the chickens.
(b) Only female chickens are allowed. There is no restriction on chicken species.
65.11.1,E Non -Commercial Use Only.
Chickens shall be kept as pets and for personal use only; no person shall sell eggs
chicken manure, or engage in chicken breeding or fertilizer production for commercial
purposes. The slaughtering of chickens at the residential property is prohibited.
65.11.1.F Enclosures.
(a) Chickens must be kept in a henhouse or pen enclosure at all times. During daylight
hours, chickens may be allowed outside of their henhouse in a securely fenced pen
enclosure. Chickens shall be secured within the henhouse during non -daylight hours.
(b) Henhouses and pen enclosures must be clean, dry, and odor -free, kept in a neat
and sanitary condition at all times, in a manner that will not disturb the use or
enjoyment of neighboring lots due to noise, odor or other adverse impact.
(c) The hen house and pen enclosure must provide adequate ventilation and adequate sun
and shade and must both be impermeable to rodents wild birds and predators
including dogs and cats.
(d) Henhouses.
(1) A henhouse shall be Rrovided and shall be designed to provide safe and healthy
living conditions for the chickens while minimizing adverse impacts to other
residents in the neighborhood.
10-061 A
Amended By Substitution
(a) The structures 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 ( ) inch openings.
(b) Living area. Henhouse must provide a minimum of 4 square feet of floor area
per hen.
(c) The materials used in making the structure 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. The henhouse shall be well-
maintained.
(d)The structure shall be painted; the color shall be uniform around the structure
and shall be in harmony with the surrounding area.
(2) Henhouses shall only be located in the rear yard, behind the residential
structure. In no case may a henhouse or be placed closer than 20 feet to any
abutting grope line.
(e) Chicken Pens.
I') An enclosed chicken pen must be provided consisting of sturdy wire fencing buried
at least 12" in the ground, or affixed to bedrock. The pen must be covered with
wire, aviary netting, or solid roofing. The use of chicken wire is permitted if the wire
is 19 gauge or heavier.
W Enclosed pens must provide a minimum of 10 square feet of ground space per hen.
(3) In no case shall any chicken pen be closer than 20 feet to any abutting property
line, nor shall it be located in the front yard of a property.
65.11.1.G Odor and Noise Impacts.
(a) Odors from chickens, chicken manure, or other chicken -related substances shall
not be perceptible at the pr peft boundaries.
(b) Perceptible noise from chickens shall not be loud enough at the properly boundaries to
disturb persons of reasonable sensitivity.
10-061 A
Amended By Substitution
65.11.1.H Lighting.
Only motion -activated lighting may be used to light the exterior of the henhouse.
f 5.11.1,I Predators, Rodents, Insects and Parasites.
The gro,peft owner 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
shall be removed by the Animal Control Officer.
65.11.1.3 Feed and Water.
Chickens must be provided with access to feed and clean water at all times; such feed
and water shall be unavailable to rodents, wild birds and predators.
65.11.1.K Wast Storage and Removal.
Provision must be made for the storage and removal of chicken manure. All stored
manure shgll 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. All other manure not
used for composting or fertilizing shall be removed. In addition, the henhouse, chicken pen
and surrounding area must be kept free from trash and accumulated droppings. Uneaten feed
shall be removed in p timely manner.
65.11.1.! Application for Permit.
Every applicant for a permit to keep domesticated chickens shall:
(a) Complete and file an application on a form prescribed by the Code Enforcement
Officer. The application shall include a scaled plot plan detailing the location of the
proposed hen house and fenced in pen enclosure, as well as specifications of the type
of wire and netting to be utilized in the hen house and pen enclosure.
(b) Deposit the prescribed permit fee with the Code Enforcement office at the time the
application is bled.
(c) Any material misstatement or omission shall be grounds for denial, suspension or
revocation of the permit.
10-061 ;A
Amended By Substitution
65.11.1.M Approval of Permit.
The Code Enforcement Officer shall issue a hermit within 10 business days from the
date of application, if the applicant has demonstrated compliance with the criteria and
standards in this article.
65.11.1.N Denial, Suspension or Revocation of Permit;
The Code Enforcement Officer shall deny a permit if the applicant has not demonstrated
compliance with all provisions of this article.
A permit to keep domesticated chickens may be suspended or revoked by the Code
Enforcement Officer where there is a risk to public health or safety or for any violation of or
failure to comply with any of the provisions of this article or with the provisions of any other
ordinance or law.
Any denial, revocation or suspension of a permit shall be in writing and shall include
notification of the right to and procedure for appeal.
65.11.1.0 Appeal.
A person ap ep alin the issuance denial, suspension or revocation of a permit by the
Code Enforcement Officer may appeal to the Board of Appeals within thift (34) days of the
decision being rendered.
f 5.11.1.P Removal of Chickens.
In addition to the penalty stated in 65-14, any violation of the provisions of this article
or of the permit shall be grounds for an order from the Code Enforcement Officer to remove
the chickens and the chicken -related structures.
The Health Inspector, Health Officer, or Animal Control Officer may also order the
removal of the chickens upon a determination that the chickens pose a health risk.
If a chicken dies, it must be disposed of promptly in a sanitary manner.
MEMORANDUM
TO: City Council Members
FROM: James D. Ring, Director - Infrastructure and Development Support
CC: Robert Farrar, Debbie Cyr, Norman Heitmann, Dan Wellington,
Jeremy Martin
SUBJECT: Council Ordinance 10-061ADomestic Chicken — Amendment By
Substitution
DATE: February 17, 2010
Council Ordinance 10-061 will appear on the February 22, 2010 Council Agenda under
Old Business for final action.
Attached is a slightly revised version that deletes the requirement in the original version
for a responsible person to be at the residence when chickens are out of the hen house,
in an enclosed pen. The change appears under section 65.11.1.F, Enclosures.
This was a concern of proponents in that it potentially placed birds in the hen house
during extreme summer temperatures, and would necessitate artificial lighting in hen
houses to maximize egg production. The confinement was also considered detrimental
to the general health and welfare of the birds.
Accordingly, Staff recommends that the attached version be considered by "Amendment
By Substitution" in lieu of the original.
JDR