CHAPTER 6-03
ANIMAL KEEPING
SECTIONS:
6-03-001-0001 PURPOSE
6-03-001-0002 DEFINITIONS
6-03-001-0003 KEEPING OF LIVESTOCK
6-03-001-0004 PERMITTING REQUIREMENTS
6-03-001-0005 VIOLATION
6-03-001-0001 PURPOSE
The purpose of this chapter is to ensure that the keeping, raising, and maintenance of livestock animals and bees within the City does not create an adverse impact on adjacent properties by reason of dust, fumes, noise, odor, insect or vermin infestations, or visual blight, and to maintain the animal welfare and public health, safety, and well-being. This chapter does not pertain to common domestic household pets such as dogs, cats, and others. (Ord. 2015-17, Rep&ReEn, 02/02/2016; Ord. 2019-36, Amended, 11/19/2019; Ord. 2024-26, Amended, 11/05/2024 (Res. 2024-43))
6-03-001-0002 DEFINITIONS
For the purposes of this chapter, the following terms, phrases and words and their derivations will have the meaning given as set forth below when not inconsistent with the context:
BEE COLONY: The hive and its equipment and appurtenances including honey bees, comb, honey, pollen and brood.
BEEHIVE: A structure for housing honey bees.
DIRECTOR: The City of Flagstaff Sustainability Director, or designee.
EQUINE: Horse or other member of the horse family including mules and donkeys.
FLYWAY BARRIER: A solid wall, fence, dense vegetation, or combination of these materials around the hive so that all bees are forced to fly at an elevation of at least six (6) feet above ground level in the vicinity of the beehive.
FOWL: A cock or hen of the domestic chicken.
LARGE LIVESTOCK: Equine, cattle, swine, donkeys, mules, llamas, ostriches, goats, sheep, alpaca, and other similarly sized animals.
LIVESTOCK: Domesticated animals commonly raised to produce commodities such as food, fiber, and labor.
LIVESTOCK CONTAINMENT AREA: The portion of a property where livestock are held or kept, including runs, pens, stalls, yards, and cages.
NUISANCE: Anything offensive or obnoxious to the health and welfare of the inhabitants of the City; or any act or thing repugnant to, or creating a hazard to, or having a detrimental effect on the property of another person or to the community.
PASTURE: Open, uncultivated land used for the grazing of livestock.
POULTRY: A domesticated bird that is used to produce meat or eggs, including, but not limited to, fowl, ducks, pigeons, and quail.
SHELTER: A structure, enclosure, or environment, adequate to the species of animal, which provides protection from adverse weather conditions and predators (e.g., chicken coop, rabbit hutch, barn, etc.). Shelters must be covered, properly ventilated, and designed to be easily accessed, cleaned, and maintained.
SMALL LIVESTOCK: Rabbits, poultry, miniature, dwarf or pygmy goats that are neutered, and other similarly sized animals. (Ord. 2015-17, Rep&ReEn, 02/02/2016; Ord. 2019-36, Amended, 11/19/2019; Ord. 2024-26, Amended, 11/05/2024 (Res. 2024-43))
6-03-001-0003 KEEPING OF LIVESTOCK
The following standards apply to the keeping of livestock animals within City limits:
A. General Rules and Restrictions.
1. The number of livestock animals permitted in each zone is established in Table 6-03-001-0003.A: Number of Livestock Animals Permitted by Zoning Designation, below.
|
Type of Animal |
Zones in Which Specific Animals Are Permitted |
Maximum Number of Animals Permitted Per Lot Size |
||||||
|---|---|---|---|---|---|---|---|---|
|
≤19,999 sq ft |
20,000 – 29,999 sq ft |
30,000 – 39,999 sq ft |
40,000 – 79,999 sq ft |
80,000 – 119,999 sq ft |
120,000 – 159,999 sq ft |
≥160,000 |
||
|
Large Livestock |
||||||||
|
Equine, cattle, swine, donkeys, mules, llamas, ostriches, goats, sheep, alpaca, and other similarly sized animals |
ER and RR |
0 |
0 |
0 |
4 |
5 |
6 |
7 |
|
Small Livestock |
||||||||
|
Goats (miniature, pygmy, dwarf) |
All zones1 |
2 |
2 |
2 |
4 |
4 |
4 |
4 |
|
Rabbits and poultry (excluding fowl) |
All zones1 |
5 |
10 |
15 |
20 |
25 |
25 |
25 |
|
Fowl |
All zones1 |
6 |
10 |
15 |
20 |
25 |
25 |
25 |
|
Bees |
||||||||
|
Bee colonies |
All zones1 |
2 |
4 |
6 |
8 |
8 |
8 |
8 |
1 The primary use of the property must be residential or educational where animal keeping is not a primary use in the zoning district.
2. The primary use of the property on which livestock animals are kept must be residential or educational where animal keeping is not a primary use in the zoning district.
3. At all times, livestock must be contained in the rear yard of the residence unless such residence is on a parcel zoned Estate Residential (ER) or Rural Residential (RR). Livestock containment areas or shelters must be provided to sufficiently contain the livestock on the property and keep them from roaming at large.
4. Offspring of animals maintained on the same property that are less than four (4) months old or that have not been weaned, whichever is longer, will not be subject to the maximum number of animals permitted per lot size established by this chapter.
5. All animals, livestock containment areas and shelters must be maintained in such a manner so as to not become a public health nuisance. Livestock containment areas and shelters must be clean and sanitary, and generally free of fecal and other matter that may attract flies, rodents, or cause an offensive odor that can be detected from beyond the property line. Fecal and other matter must be double-bagged and disposed of in City garbage receptacles. Nothing in this subsection shall be deemed to prohibit the use of animal manure or droppings to fertilize any farm, garden, lawn or ranch in such a manner and for such purposes as are compatible with customary methods of good horticulture.
6. Feeding of livestock shall be done exclusively from containers (e.g., troughs) or on an impervious platform. The area where livestock is fed must be located at least twenty (20) feet from any neighboring dwelling. Food for feeding livestock shall be stored in rodent and predator resistant containers.
7. Watering troughs or tanks shall be provided for livestock, which shall be equipped with adequate facilities for draining the overflow, so as to prevent the ponding of water, the breeding of flies, mosquitoes or other insects, or any additional health hazards. Watering troughs must be located at least twenty (20) feet from a neighboring dwelling.
8. Shelters must be maintained to reduce the risk of fire in accordance with the City of Flagstaff Fire Code.
9. No incineration of animal refuse shall be permitted on the premises.
10. Only poultry or rabbits can be slaughtered on site. Slaughter shall not occur in view from any public area or any adjacent property owned by another. Slaughter shall be done in a humane and sanitary manner. Slaughter must be for personal consumption and in compliance with all county, State, and Federal laws.
11. All animal-keeping facilities must be designed in a manner such that water runoff does not become a health hazard or nuisance to uses on other properties, and is contained and disposed of and does not contribute to the pollution of local groundwater or the flooding of adjacent properties.
12. No person shall keep or harbor any animal which by frequent or habitual howling, yelping, barking, crowing or the making of any other noise, day or night, unreasonably disturbs the peace and quiet of any person or persons.
13. All waste from animals must be contained on site. Any pollutants or nonstormwater related discharges shall be subject to Chapter 12-03 (Illicit Discharge Detection and Elimination).
14. The location and design of shelters and any associated fencing or screen walls shall comply with the requirements of Division 10-50.50 (Fences and Screening), Section 10-40.60.020 (Accessory Structures), and Section 10-20.40.080 (Minor Improvement Permits).
B. Rules and Restrictions – Large Livestock.
1. In addition to the general rules and restrictions in subsection (A) of this section, the keeping of large livestock animals shall comply with the following standards:
|
Large Livestock Shelters and Pasture Areas |
|
|
Distance to any dwelling unit |
75 feet (min.) |
|
Distance to any property line |
10 feet (min.) |
|
Large Livestock Pasture Areas |
|
|
Pasture area that must be made available for each large livestock animal |
10,000 square feet (min.) |
|
Pigsties |
|
|
Distance to any watercourse or other source of water supply |
150 feet (min.) |
|
Distance to a dwelling unit on an adjoining property |
300 feet (min.) |
|
Additional restrictions on pigsties |
No pigsty shall be built or maintained on marshy ground or land subject to overflow |
C. Rules and Restrictions – Small Livestock. In addition to the general rules and restrictions in subsection (A) of this section, the keeping of small livestock animals shall comply with the following standards:
1. Male miniature goats must be neutered by four (4) months of age.
2. Winged animals must have wings clipped or be contained in a covered enclosure at all times to ensure containment on property.
3. Turkeys, peafowl, geese, and all other similarly noisy birds are prohibited in all zones within the City.
4. Male poultry over the age of four (4) months shall not be permitted within the City.
5. Small livestock must be kept in a shelter from sunset to sunrise.
6. All shelters and pasture areas for small livestock shall comply with the following standards:
|
Small Livestock Shelters |
|
|
Distance to any property line abutting another residential lot or parcel |
10 feet (min.) |
|
Distance to any property line abutting a public alley right-of-way or private alley tract |
0 feet (min.) |
|
Distance to the nearest neighboring dwelling |
20 feet (min.) |
|
Area of indoor space within a small livestock shelter per poultry or rabbit |
4 square feet (min.) |
|
Fowl shelter height on a residential lot less than one (1) acre in size |
8 feet maximum height but shall not be higher than the fence line of the property |
|
Small Livestock Containment Areas |
|
|
Area of permeable space within the livestock containment area per poultry or rabbit |
10 square feet (min.) |
|
Area of permeable space within the livestock containment area per goat (miniature, dwarf, or pygmy) |
130 square feet (min.) |
D. Rules and Restrictions – Beekeeping. In addition to the general rules and restrictions in subsection (A) of this section, the keeping of bees shall comply with the following standards:
1. Beehives shall only be located in rear yards and shall be placed a minimum of ten (10) feet from any property line, except that in the Rural Residential (RR) zone beehives also may be placed in the interior side yards. In all zones the entrance to the beehive shall face away from the property line closest to the hive.
2. A flyway barrier shall be established and maintained so that all bees are forced to fly at an elevation of at least six (6) feet above ground level in the vicinity of the beehive. Any fence, wall, or natural barrier proposed as a flyway barrier shall comply with the provisions of Division 10-50.50 (Fences and Screening), as well as the following:
a. Be a minimum of six (6) feet tall;
b. Be solid such that bees cannot fly through it;
c. Be placed parallel to the property line; and
d. Extend a minimum of five (5) feet beyond the beehive(s) in each direction.
3. A convenient source of water shall be made available for the bees at all times of the year so that bees are less likely to congregate at swimming pools, pet watering bowls, bird baths, or other water sources.
4. In any instance in which a colony exhibits unusually defensive characteristics by stinging or attempting to sting without provocation or exhibits an unusual disposition toward swarming, beekeepers shall promptly requeen the colony with another queen. Queens shall be selected with a gentle disposition from stock bred for gentleness. Beekeepers must be able to produce proof of a receipt from a queen breeder. (Ord. 2015-17, Rep&ReEn, 02/02/2016; Ord. 2019-36, Amended, 11/19/2019; Ord. 2024-26, Amended, 11/05/2024 (Res. 2024-43))
6-03-001-0004 PERMITTING REQUIREMENTS
A. Applicability.
1. No person shall keep, harbor, or maintain care, custody, or control over any livestock animal without first obtaining an approved backyard livestock keeping permit from the Sustainability Division, except that animal keeping in Estate Residential (ER) and Rural Residential (RR) zones does not require an approved backyard livestock keeping permit.
B. Application Content.
1. The Director shall specify the form and content of the backyard livestock keeping permit application. The Director may require supporting materials as part of the application, including, but not limited to, a signed statement that the applicant shall comply with the provisions of this chapter, proof of satisfactory knowledge of animal keeping best practices, and a site plan showing the location and design of proposed animal keeping shelter(s), containment areas, and feed and watering troughs.
C. Review and Final Decision.
1. The Director shall review the backyard livestock keeping permit application and supporting documentation for compliance with the requirements of Chapter 6-03, Animal Keeping.
2. The Director shall determine whether the backyard livestock keeping permit can be issued or if additional information is required from the applicant to complete the application. If the permit application is denied, the reason shall be stated in writing.
D. Revocation and Appeal.
1. The Director may suspend, revoke, or take other authorized adverse action against any backyard livestock keeping permit granted pursuant to this section if any condition or requirement of this chapter is violated, if the keeping of animals becomes a public nuisance, or for other good cause.
2. An applicant or permit holder may appeal the denial or revocation of a backyard livestock keeping permit by submitting a written appeal to the City of Flagstaff Sustainability Division within ten (10) days after issuance of the denial or notice of revocation. Within five (5) days after receipt of the written appeal, or such longer period of time agreed to by the applicant, the appeal will be reviewed, and a response will be provided by the City Manager or designee, who shall be a Deputy City Manager.
E. Other Permitting Requirements.
1. Livestock shelters and any associated fencing or screen walls subject to Section 10-20.40.080 (Minor Improvement Permits) shall obtain an approved minor improvement permit prior to installation or construction. (Ord. 2015-17, Rep&ReEn, 02/02/2016; Ord. 2019-36, Amended, 11/19/2019; Ord. 2024-26, Amended, 11/05/2024 (Res. 2024-43))
6-03-001-0005 VIOLATION
A. It shall be unlawful for any person to cause, facilitate, or aid or abet a violation of any provision of this chapter or to fail to perform any act or duty required by this chapter in connection with the keeping of animals.
B. Any person found responsible for violating any provision of this chapter will be subject to a fine of no less than one hundred dollars ($100.00) for every offense. Recurring violations will be subject to larger fines. Any violation that is continuing in nature shall constitute a separate offense on each successive date the violation continues.
C. Civil actions or proceedings to enforce the requirements of this chapter will be commenced and prosecuted in compliance with Section 1-15-001-0011, Civil Enforcement Procedures. (Ord. 2015-17, Rep&ReEn, 02/02/2016; Ord. 2019-36, Amended, 11/19/2019; Ord. 2024-26, Amended, 11/05/2024 (Res. 2024-43))