2015-615 REVISED ORDINANCE NO. 2015 -615
An ordinance creating regulations to permit the keeping of chickens in the City of Janesville 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(A) 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 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. However, chickens may be kept as permitted in 6.12.010(B).
SECTION II. Section 6.12.010(B) of the Code of General Ordinances of the City of Janesville
is hereby created to read as follows:
B. Excepted from the prohibitions set forth in this section are chickens and chicken
coops, which meet the following requirements:
1. Chickens allowed
(a) A "chicken" is defined as a domestic fowl of the subspecies Gallus gallus
domesticus.
(b) Any person may keep up to 4 female chickens on any residential zoning
lot in the City which contains one single - family residential dwelling unit.
(c) No roosters shall be allowed to be kept under this section.
(d) Chickens may only be kept in a chicken coop or the attached and
contiguous run located in the rear yard area. The chicken coop or run shall not be located in the
front, interior side, or corner side yard of the residential zoning lot.
2. Slaughtering of chickens. No person shall slaughter any chicken within the City
of Janesville other than at a licensed meat processing facility.
3. Construction and maintenance of coop
(a) A chicken coop means a new or existing enclosed accessory structure
designed or modified for the keeping of chickens and meeting the requirements of this section
and any applicable provisions of Chapter 15 (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 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, including adequate ventilation, adequate sun, adequate shade and adequate
protection from adverse weather. A newly -built or installed coop shall have a minimum of 3
square feet per chicken and cannot exceed 24 square feet in size.
(b) A chicken coop may have a run attached and contiguous to the coop with
the run constructed in a fashion to confine the chickens and in compliance with the provisions of
this section. A chicken run is a fenced cage that may not exceed 40 square feet in area or one
percent of the rear yard area, whichever is greater. However, in no instance, may the chicken
run exceed 100 square feet in area.
(c) Chicken 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. Chickens must be kept in a chicken coop or the
attached and continuous run at all times. Between sunrise and sunset, chickens may be allowed
outside of the coop in the run. Chickens must be secured within the coop between sunset and
sunrise.
5. Location of chicken coop and run. A chicken coop must be located no closer
than 10 feet to the rear wall of the residential dwelling unit located on the zoning lot and no
portion of the coop or run shall be located within 10 feet of any lot line of the zoning lot upon
which the coop and run are located. No portion of the coop or chicken run shall be located
within 18 feet of any principal structure located upon any adjacent property.
6. Annual residential chicken premises permit required. No person shall keep
any chickens nor construct any chicken coop or run without first obtaining an annual residential
chicken premises permit hereunder.
(a) Fee. An initial permit fee of $50 shall be paid to the City by the applicant
when the initial application is filed. An annual renewal permit fee of $25 shall be paid to City by
the applicant each year thereafter.
(b) Application. The application for the residential chicken 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
any chicken run, distances to lot lines and distances to the nearest adjoining principal structure,
together with dimensions of the coop and chicken run. Chicken runs are not required to meet
the construction standards for fences in JGO 18.32.030. However, all chicken runs constructed
shall be of wire normally used for the containment of chickens. 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 §95.51, Wis. Stats. and
ATCP 17, Wis. Adm. Code.
(d) Permit Year. The permit year shall be January 1 through December 31.
7. Miscellaneous.
(a) All food supplies maintained for the coop must be kept in a secure and
rodent -proof container.
(b) Should any person feed chickens 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 chicken run.
(c) All waste generated by the operation of the coop and chicken run,
including, but not limited to, chicken carcasses, manure, droppings and spoiled feed, shall be
disposed of in a bag placed in a City- issued garbage cart or composted according to best
practices.
(d) The Neighborhood and Community Services Director, and /or the Property
Maintenance Inspector or his /her designee, or a building official may enter the rear yard of a
residential zoning lot at any reasonable time to determine if a property is in compliance with the
provisions of this section.
(e) A One Hundred Dollar ($100.00) re- inspection fee shall be charged by the
City against and paid by the property owner if the violation is not corrected by the re- inspection
date. One Hundred Dollars ($100.00) 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
Sec. 66.0627, Wis. Stats.
SECTION III. Section 6.12.200(D) is hereby created to read as follows:
D. Any property with two or more nuisance activities resulting in enforcement
action within a 12 -month period shall be ineligible to receive a renewal permit for a period of one
year after the date of the last such conviction. In addition, no other person may apply for a
permit hereunder on the zoning lot subject to such prior permit during said period of renewal
ineligibility.
SECTION IV. Section 15.01.140(I)(A)(3) of the Code of General Ordinances of the City
of Janesville is hereby amended to read as follows:
I. BUILDING PERMITS
A. Residential
3. Accessory Buildings, Swimming Pools,
Hot Tubs /Spas & Fences, Chicken Coop (Initial Permit) $50.00
SECTION V. Section 15.01.140(I)(A)(4) of the Code of General Ordinances of the City
of Janesville is hereby created to read as follows:
I. BUILDING PERMITS
A. Residential
4. Chicken Coop (Renewal Permit) $25.00
SECTION VI. Section 15.01.140(VIII) of the Code of General Ordinances of the City of
Janesville is hereby amended to read as follows:
VIII. MINIMUM FEE $60.00
Exceptions: Accessory Buildings, Swimming Pools, Hot tubs /spas, Fences, Chicken Coops
ADOPTED: October 26, 2015 Motion by: Liebert
Second by: Deupree
APPROVED: Councilmember Aye Nay Pass Absent
Bobzien X
Deupree X
Mark A. F eitag, City Manager Farrell X
Gruber X
ATT • ' : Liebert X
T Marklein X
Tidwell X
David T. Godek, City Clerk- Treasurer
APPROVED AS TO FORM:
1'
Tim ellnitz, Assistant City •6, rney
Proposed by: Councilmembers Liebert and Deupree
Prepared by: City Manager's Office