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2026-932REVISED ORDINANCE NO. 2026-932 An ordinance permitting the keeping of ducks within the City limits, with penalties and other relief for violations thereof as set forth in Janesville General Ordinance 8-81. THE COMMON COUNCIL OF THE CITY OF JANESVILLE HEREBY DO ORDAIN AS FOLLOWS: SECTION I. Section 8-70 of the Code of General Ordinances of the City of Janesville is hereby amended to read as follows: Sec. 8-70. 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 dove cote, rabbit warren, or other yard or establishment where small animals or fowl such as 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 150 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 8-71 through 8-75. However, chickens and ducks may be kept as permitted in Subsection (b) of this section. (b) Excepted from the prohibitions set forth in this section are chickens and ducks and coops, which meet the following requirements: (1) Chickens and Ducks allowed. a. The term "chicken" means a domestic fowl of the subspecies Gallus domesticus. The term “duck” means a domestic fowl of the subspecies Anas platyrhynchos domesticus or Cairina moschata. b. Any person may keep up to a total of four female chickens or ducks on any lot or parcel in the City which contains one single-family residential dwelling unit. No person shall keep both chickens and ducks on any one lot due to health concerns presented by infectious avian diseases. No more than four such animals are allowed per lot or parcel, and said animals must be the responsibility of a person or persons residing within the onsite dwelling unit. c. No roosters or drakes shall be allowed to be kept under this section. d. Chickens or ducks may only be kept in a shared, single coop including an attached and contiguous run located entirely in the rear yard area. The coop and run shall not be located in the front, interior side, or corner side yard of the residential zoning lot. (2) Slaughtering of chickens and ducks. No person shall slaughter any chicken or duck within the City of Janesville other than at a licensed meat processing facility. (3) Construction and maintenance of coop. a. A coop means a new or existing enclosed accessory structure designed or modified for the keeping of chickens or ducks and meeting the requirements of this section and any applicable provisions of Chapter 10 (Building Code). A coop shall be constructed from conventional building materials in a workmanlike fashion or be a premanufactured enclosed structure designed specifically for the keeping of chickens or ducks in an urban environment. Such coop must be secure and impermeable to rodents, wild birds and predators, including dogs and cats, and must be constructed or modified in a fashion to provide a humane environment for the chickens or ducks, include adequate ventilation, adequate sun, adequate shade and adequate protection from adverse weather. A newly-built or installed coop shall have a minimum of three square feet per chicken and 4 square feet per duck and cannot exceed 24 square feet in size. The overall height of the coop and run may not exceed six feet, including any roof cover. b. A coop must have an attached run, contiguous to the coop, with the run constructed in a fashion to confine the chickens or ducks in compliance with the provisions of this section. A run is a fenced cage that may not exceed 50 square feet in area or one percent of the rear yard area, whichever is greater. However, in no instance, may the run exceed 200 square feet in area. A run for ducks shall include a water feature that replicates a pond, such as a plastic tub filled with water. c. Coops and runs must be kept clean, dry, and odor free and kept in a sanitary condition at all times in such a manner as to not disturb the use or enjoyment of adjoining property due to noise, odor or any other adverse impact. (4) Confinement of chickens or ducks. Chickens or ducks must be kept in a coop or the attached and continuous run at all times. Between sunrise and sunset, chickens or ducks may be allowed outside of the coop in the run. Chickens or ducks must be secured within the coop between sunset and sunrise. (5) Location of coop and run. A coop and run must be located no closer than ten feet to the rear wall of a residential dwelling unit located on the same property, and no portion of the coop or run shall be located within ten feet of any property No portion of the coop or run shall be located within 18 feet of any residential structure located upon any adjacent property. (6) Annual residential chicken or duck premises permit required. No person shall keep any chickens or ducks, nor construct any coop or run, without first obtaining an annual residential premises permit hereunder. a. Fee. An initial permit fee in an amount established by the City Council from time to time shall be paid to the City by the applicant when the initial application is filed. An annual renewal permit fee in an amount established by the City Council from time to time shall be paid to the City by the applicant each year thereafter. b. Application. The application for the residential chicken or ducks premises permit shall be made using such forms required by the City's Building Official and City Clerk-Treasurer and must contain an accurately scaled drawing showing the location of the proposed coop and run, distances to lot lines and distances to the nearest adjoining principal structure, together with dimensions of the coop and run. Runs are not required to meet the construction standards for fences in Section 42-358. However, all runs constructed shall be of wire normally used for the containment of chickens or ducks. If the applicant is not the owner of the parcel, the property owner must sign the application certifying approval for the use of the premises for this purpose. The property owner's signature must be notarized. c. Registration. Any permit application shall be accompanied with satisfactory evidence that the applicant has registered the proposed location with the Wisconsin Department of Agriculture, Trade, and Consumer Protection pursuant to Wis. Stats. § 95.51, and Wis. Admin. Code ch. ATCP 17. d. Permit year. The permit year shall be January 1 through December 31. (7) Miscellaneous. a. Adequate food and water shall be made available to chickens and ducks. All food supplies maintained for the coop must be kept in a secure and animal-proof container. b. Should any person feed chickens or ducks kept under this section with food meant for human consumption or scraps of such food, it shall only be fed within the coop and shall be prohibited within the run. c. All waste generated by the operation of the coop and run, including, but not limited to, chicken or duck carcasses, manure, droppings, and spoiled feed, shall be disposed of in a bag placed in a City-issued garbage cart or composted in an animal-proof container according to best practices. d. The Housing Services Director, and/or the Property Maintenance Inspector or his or her designee, or a building official may enter the rear yard of a residential lot at any reasonable time to determine if a property is in compliance with the provisions of this section. e. A re-inspection fee in an amount established by the City Council from time to time shall be charged by the City against and paid by the property owner if the violation is not corrected by the re-inspection date. A fee in an amount established by the City Council from time to time will be charged for each subsequent re-inspection until full compliance is achieved. Re-inspection fees that are not timely paid shall be entered upon the tax roll as a special charge against the lot or parcel of land, pursuant to the provisions of Wis. Stats. § 66.0627. f. Any unusual illness or death of a chicken or duck shall be reported to the Wisconsin Department of Agriculture, Trade, and Consumer Protection within 24 hours. (Prior Code, § 7.12(1)(part); Code 1976, § 6.12.010) SECTION II. Section 8-71 of the Code of General Ordinances of the City of Janesville is hereby amended to read as follows Sec. 8-71. Poultry houses and yards; number of birds or fowl permitted. Where poultry houses and yards are located at least 150 feet from the structures set out in Section 8-70, the keeping of not to exceed 25 birds or fowl, but no crowing roosters, shall be permitted. (Prior Code, § 7.12(1)(a); Code 1976, § 6.12.020) SECTION III. Section 8-74 of the Code of General Ordinances of the City of Janesville is hereby amended to read as follows: Sec. 8-74. Raising fowl or animals for business purposes. The raising of fowl and animals not to exceed 100 in number can be conducted as a business where allowed by zoning when the area devoted to the business is in the first instance and remains at least 500 feet from the closest structure as set out in Section 8-70. (Prior Code, § 7.12(1)(d); Code 1976, § 6.12.050) SECTION IV. Section 8-70 of the Code of General Ordinances of the City of Janesville is hereby amended to read as follows: Sec. 8-75. Poultry houses and yards; construction and sanitation regulations; health inspection. All persons raising poultry must have properly constructed poultry houses as outlined in this section. All structures, pens, coops, or yards wherein animals or fowl are kept or permitted shall be maintained in a clean and sanitary condition, shall be dry and well ventilated, devoid of all rodents and vermin, and as walls, ceilings, floors, partitions and appurtenances of all such structures shall be whitewashed or painted annually. The County Health Officer or his or her representative on his or her own initiative or upon the complaint of any individual shall inspect any such structure or premises and issue any such order as may be necessary to carry out the provisions of this section. or any other applicable local, county, or state regulation. (Prior Code, § 7.12(1)(e); Code 1976, § 6.12.060) ADOPTED: 04/27/2026 APPROVED: Kevin M. Lahner, City Manager ATTEST: Lorena Rae Stottler, City Clerk-Treasurer APPROVED AS TO FORM: Wald Klimczyk, City Attorney Proposed by: Council Member Michael Cass Prepared by: Assistant to the City Manager and City Attorney City Attorney/Word/Shared/Ordinance Ducks 2026-932 Motion by: Cass Second by: Miller Councilmember Aye Nay Pass Absent Cass X Erdman X Miller X Neeno X Pope X Seeman X Squire X Microsoft Word - Backyard Poultry Amendment - Corrected Final Audit Report 2026-04-29 Created:2026-04-29 By:Lorena Stottler (stottlerl@janesvillewi.gov) Status:Signed Transaction ID:CBJCHBCAABAAtzNlT6zl5eXnJV2umCXIf1lCzuzqEG7r "Microsoft Word - Backyard Poultry Amendment - Corrected" His tory Document created by Lorena Stottler (stottlerl@janesvillewi.gov) 2026-04-29 - 7:08:19 PM GMT Document emailed to Kevin Lahner (lahnerk@janesvillewi.gov) for signature 2026-04-29 - 7:08:23 PM GMT Email viewed by Kevin Lahner (lahnerk@janesvillewi.gov) 2026-04-29 - 7:25:01 PM GMT Document e-signed by Kevin Lahner (lahnerk@janesvillewi.gov) Signature Date: 2026-04-29 - 7:25:11 PM GMT - Time Source: server Document emailed to Lorena Stottler (stottlerl@janesvillewi.gov) for signature 2026-04-29 - 7:25:12 PM GMT Email viewed by Lorena Stottler (stottlerl@janesvillewi.gov) 2026-04-29 - 7:25:40 PM GMT Document e-signed by Lorena Stottler (stottlerl@janesvillewi.gov) Signature Date: 2026-04-29 - 7:25:49 PM GMT - Time Source: server Agreement completed. 2026-04-29 - 7:25:49 PM GMT