Chapter 8.11
KEEPING OF BACKYARD HENS
Sections:
8.11.030 Exceptions to regulations.
8.11.040 Requirements for the keeping of backyard hens.
8.11.060 Enforcement and penalties.
8.11.010 Purpose.
The purpose of this chapter is to set forth reasonable requirements to allow for the keeping of backyard hens in appropriate residential areas of the city so that residents may participate in the noncommercial production of eggs in a safe, sanitary, and nuisance-free manner. [Ord. 30-2013 § 2].
8.11.020 Definitions.
A. “Hen” shall mean a female chicken.
B. “Rooster” shall mean a male chicken.
C. “Poultry” shall mean any domesticated fowl, including chickens, turkeys, ducks, geese, and guinea fowl.
D. “Dwelling unit” shall mean any properly permitted attached or detached building or mobile or manufactured home which provides living facilities for one or more persons for living, sleeping, eating, cooking and sanitation.
E. “Coop” shall mean the physical structure in which hens are kept at night. The coop is exclusive of any additional pen or run that may surround the coop. [Ord. 30-2013 § 2].
8.11.030 Exceptions to regulations.
This chapter shall not apply to any parcel zoned for agricultural, commercial, or industrial uses where the keeping or production of poultry is permitted. This chapter shall not apply to any parcel zoned RR, RD-1, or RD-2 where the keeping of poultry is permitted. [Ord. 30-2013 § 2].
8.11.040 Requirements for the keeping of backyard hens.
A. It shall be unlawful to keep, possess, or maintain poultry or fowl on any parcel of property located in the city except in accordance with the following regulations:
1. A maximum of six hens may be kept within the backyard or rear yard of a developed residential lot within the RD-3, RD-4, RD-5, RD-6, or RD-7 land use categories with a permit issued pursuant to RCMC 8.11.050.
2. No roosters shall be allowed.
3. Hens shall not be kept for commercial purposes.
4. No slaughter of hens or roosters is allowed.
5. All bulk chicken feed must be stored in fully enclosed, rodent-proof containers.
6. All hens must be confined in a coop from sunset to sunrise. Hens may roam free within a fully fenced rear or side yard area during daylight hours.
7. The coop must be located within the rear or side yard of the property, at least five feet from rear or side yard property lines and at least 20 feet from any dwelling unit on an adjacent parcel. The hen coop must not obstruct any required exits from a dwelling unit.
8. Hen coops must meet the following requirements:
a. Be properly ventilated and have a roof.
b. Be constructed of adequate strength to protect hens from predators and to prevent hens from escaping.
c. Be constructed in a manner to ensure that hens are not overcrowded and have ample space for movement.
d. Provide sufficient shade to prevent overheating.
e. Be maintained in a clean and sanitary condition and cleaned regularly to prevent buildup of feces, food particles, and offensive odors.
9. Hens shall not produce continuous, excessive noise causing unreasonable disturbance to residents of adjacent properties, pursuant to the standards of RCMC 6.68.150. [Ord. 30-2013 § 2].
8.11.050 Issuance of permit.
A. An application for a permit for the keeping of backyard hens must be made on the form provided by the animal services manager and shall include the following minimum information:
1. The number of hens desired;
2. A description of the hen coop, including height and square footage;
3. A description of the planned location of the hen coop;
4. The distance from hen coop to the nearest dwelling unit;
5. A description of the fence surrounding the backyard or rear yard of the property;
6. The signature of the property owner.
B. Upon submission of a completed permit application, the payment of any nonrefundable permit fee set by city council resolution, and a finding by the animal services manager that the proposed keeping of hens complies with the requirements of this chapter, the animal services manager shall issue a revocable permit. The permit shall be valid for a period of five years from the date of issuance.
C. Permits for the keeping of backyard hens shall be renewable for a five-year term upon the filing and approval of a new application and the payment of any nonrefundable permit fee set by city council resolution. [Ord. 30-2013 § 2].
8.11.060 Enforcement and penalties.
A. The animal services manager and planning director may promulgate regulations pursuant to this article to protect the health, safety, and welfare of the public, to ensure proper and humane treatment of all hens, and to prevent nuisances. Such regulations shall be effective upon approval by city council resolution.
B. Enforcement of this chapter shall be carried out by the animal services manager and his or her designees, as well as the planning director and his or her designees.
C. Individuals authorized to enforce this chapter, to the extent authorized by law, may enter, at reasonable times, upon and inspect any premises where hens are kept where such entry is necessary to enforce the provisions of this chapter. The provisions of Chapter 8.04 RCMC shall also apply to this chapter.
D. Any violation of this chapter shall be a public nuisance and subject to the penalties and enforcement as provided in Chapter 16.18 RCMC.
E. Upon any violation of this chapter, the animal services manager may revoke the corresponding permit. The issuance of any future permit may be denied following such revocation.
F. The remedies and penalties provided herein are cumulative, alternative and nonexclusive. The use of one does not prevent the use of any others, and none of these penalties and remedies prevent the city from using any other remedy at law or in equity which may be available to enforce this chapter or to abate a public nuisance. [Ord. 30-2013 § 2].