#6 Introduce ordinance & schedule public hearing to allow chickens in city (File Ord. #2010-009)
CITY MANAGER’S OFFICE MEMORANDUM
January 5, 2010
TO: City Council
FROM:Thomas E. Malone, Management Analyst
SUBJECT: Introduce, Refer to Plan Commission and Schedule a Public Hearing on a
Proposed Ordinance Amending the Regulations of Prohibiting Chickens
within City Limits (File Charter Ordinance 2010-009)
Request
Commissioners McDonald and Rashkin have requested this item be placed on the
agenda.
Staff Recommendation:
Staff believes the current regulations regarding chickens are adequate. However, the
item can be forwarded to the Plan Commission for consideration if the Council believes
it is appropriate to do so.
City Manager Recommendation:
I will defer my recommendation until the Plan Commission has had an opportunity to
review.
Background
The current ordinance regulating wildlife allows chickens to be raised only in the
outlying areas of the city. The ordinance reads that no chickens or chicken coops are
allowed in the city, except for outlying areas where no tenement or other building
resides that is occupied by someone other than the owner. Additionally poultry houses
must be located at least 150 feet from any structure, except for the residence of the
owner, thereby prohibiting chickens in most areas, since they are required to be kept in
a coop. The number of chickens cannot exceed twenty-five.
Recently the issue of whether to reduce the restrictions and allow individuals not living
in the outlying areas of the city to keep chickens has been discussed at public meetings.
As a result City staff has been requested to review our current ordinance and compare
them with other communities.
Staff researched other communities that allow chickens, including Madison to determine
what if any challenges were faced from allowing chickens within city limits. Based on
information from other communities that allow chickens, the number of chickens to be
kept appears to be limited to 4. Also staff assigned to enforcing chicken regulations
reported that there have been a limited number of incidents over the years. Zoning
administrators report that any enforcement issues concerning chickens are handled on
a complaint basis. Madison receives an average of 10 complaints per calendar year
and states enforcement efforts are minimal, in most cases any violations are corrected
without incident.
Attached is a survey conducted of other Wisconsin communities and how they handle
the issue of allowing chickens within city limits.
Analysis
Below is a list of potential pros and cons to amending the ordinance to allow chickens to
be raised in areas other than the outlying areas of the city.
Pros
?
Allowing chickens to be raised in other areas of the city would allow those
citizens living in other sections of the city the opportunity to raise chickens which
can provide eggs.
?
Chickens are seen as neighbor friendly due to the low amount of noise they
cause.
Cons
?
Staff feels that if an exception is granted to raising chickens, then exceptions
may be requested for other types of animals as well.
?
If chickens are kept in poor conditions then it has the potential to attract vermin
and predators.
?
Allowing chickens in additional parts of the city will create an administrative
burden to city staff including potential licensing and enforcement.
?
It creates the potential to be a nuisance to neighbors of individuals who raise
chickens due to the smell that is caused from chickens raised in unsatisfactory
conditions.
CC:
Eric Levitt, City Manager
Jacob J. Winzenz, Assistant City Manager/Director of Administrative Services
Community Chicken Ordinance Survey
CommunityChickens Allowed# AllowedFeeDetails
MadisonYes4$10No roosters, no slaughtering
AppletonNo
La CrosseNo
BeloitNo
Through special permit process at
discretion of health officer
RacineYesN/A$50 per animal
KenoshaNo
OskoshNo
Eau ClaireNo
JanesvilleYes25N/AOnly in outlying areas
ORDINANCE NO. 2010-009
An ordinance amending the keeping of animals so as to allow the keeping of chickens
everywhere within the city limits while decreasing the maximum number of kept
chickens allowed to four, with penalties for violations thereof as set forth in JGO
6.12.200.
THE COMMON COUNCIL OF THE CITY OF JANESVILLE DO ORDAIN AS
FOLLOWS:
SECTION I. Section 6.12.010 of the Code of General Ordinances of the City of
Janesville is hereby amended to read as follows:
6.12.010 Livestock and poultry—Areas not allowed--
Exceptions--Nuisances prohibited--Number limitations
.A. No horse, mule,
donkey, pony, cow, pig, goat, sheep, or animal raised for fur-bearing purposes,
and no chicken coop, dove cote, rabbit warren, or other yard or establishment
where small animals or fowl such as chickens, ducks, geese, turkeys, pheasants,
rabbits, or guinea pigs are kept shall be allowed within the city limits, except in
outlying building areas where no house, building, tenement, apartment house,
hotel, restaurant, boardinghouse, retail food store, building used for school,
religious or hospital purposes, or residence other than that occupied by the
owner or occupant of the premises upon which such animals or fowl are kept is
less than one hundred fifty feet from the outer edge of any barn, coop, or
enclosure in which said creatures are housed or permitted to run All said
creatures may be kept only when no nuisance is created thereby, and their
numbers shall be kept within the limitations set out in Sections 6.12.020 through
6.12.060
B. Excepted from the prohibitions set forth in this section are chickens and
chicken coops. Chicken coops and chickens must be located at least twenty-five
feet from all structures including houses, buildings, tenements, apartment
houses, hotels, restaurants, boardinghouses, retail food stores, buildings used
for schools, religious or hospital purposes, or residences other than that occupied
by the owner or occupant of the premises upon which chickens and chicken
coops are kept, and cannot be kept upon any public property. In no event shall
more than four (4) chickens be allowed per lot.
SECTION II. Section 6.12.020 of the Code of General Ordinances of the City of
Janesville is hereby amended to read as follows:
6.12.020 Poultry houses, and yards, and chicken coops--Number of
birds, or fowl, or chickens permitted
.Where poultry houses and yards are
located at least one hundred fifty feet from the structure set out in Section
6.12.010, the keeping of not to exceed twenty-five birds or fowl, but no crowing
roosters, shall be permitted. Excepted from this requirement are chicken coops
and chickens, which must be located at least twenty-five feet from the structures
set out in Section 6.12.010 but in no event shall more than four (4) chickens be
permitted per lot.
SECTION III. Section 6.12.025 of the Code of General Ordinances of the City of
Janesville is hereby created to read as follows:
6.12.025 Chickens—Defined.
A “chicken” is defined as a domestic fowl bred for
flesh or eggs.
ADOPTED:
Motion by:
Second by:
APPROVED:
Councilmember Aye Nay Pass Absent
Brunner
McDonald
Perrotto
Eric Levitt, City Manager
Rashkin
Steeber
ATTEST:
Truman
Voskuil
Jean Ann Wulf, City Clerk-Treasurer
APPROVED AS TO FORM:
Wald Klimczyk, City Attorney
Proposed by: Council Members McDonald & Rashkin
Prepared by: Management Analyst & City Attorney