Ordinance No. 153

Posted

ORDINANCE NO. 153, SECOND SERIES

AN ORDINANCE OF THE CITY OF DODGE CENTER, MINNESOTA

AMENDING CITY CODE CHAPTER 12, ENTITLED

“PUBLIC PROTECTION, CRIMES AND OFFENSES”

THE CITY COUNCIL OF THE CITY OF DODGE CENTER ORDAINS:

Section 1. City Code Section 12.06 is hereby amended to read as follows:

SEC.12.06 PROHIBITION OF THE KEEPING OF AGRICULTURAL ANIMALS.

Subd. 1. It is unlawful for any person to keep or harbor any horses, cattle, sheep, goats, pigs, turkeys, mules, donkeys, llamas, alpacas, other fowl, or other animal commonly kept for agricultural purposes, within the city limits, except as permitted as a Conditional or Interim Use in an industrial zone.

Subd. 2. Permit Fee. The fee for such permit shall be in the amount adopted by resolution of the Council and shall be payable when the written application therefore is submitted to the Clerk Administrator for approval by the Council.

Subd. 3. Regulations. The permit holder shall comply with the following regulations:

A. No stable, barn or building in which horses, cattle, sheep, goats, pigs, mules, donkeys, rabbits, turkeys or other fowl are kept may be located within 50 feet of human habitation.

B. Such stables, barns or other buildings shall be kept clean. Manure and droppings shall be removed with sufficient frequency to avoid nuisance from odors or from breeding of flies.

C. Wherever domestic animals or fowl of any kind are kept, they shall be securely confined within an enclosure by the owner thereof and no domestic animals shall be allowed to stray or feed upon the streets, or property abutting the streets or alleys.

Subd. 4. Other Unlawful Act. It is unlawful for any person to keep any animal that disturbs the comfort or repose of persons in the vicinity by its frequent or continued noise.

Subd. 5. Keeping of Chickens in a Residential Zone for a Non-Commercial Use.

It is recognized that the ability to cultivate one's own food is a sustainable activity that can also be a rewarding past time. Therefore, it is the purpose and intent of this subchapter to permit the keeping and maintenance of chicken hens for eggs in a clean and sanitary manner that is not a nuisance to or detrimental to the public health, safety, and welfare of the community, the keeping of other poultry is prohibited.

The permit holder shall comply with the following regulations in order to keep chickens within a residential zone for non-commercial use.

  • No person shall keep or harbor more than six (6) hen chickens on any premises.
  • Roosters are strictly prohibited within City limits at any time.
  • No residential property shall keep or harbor chickens other than single-family detached units.
  • The permit shall be subject to all terms and conditions of this subchapter and any additional conditions deemed necessary by the City Council to protect the public health, safety and welfare. The necessary permit applications will be available at City Hall. An initial fee and/or a renewal fee, which the City Council may establish from time to time, shall be charged for each permit. Permits shall be effective for one (1) year and may be renewed for additional 1-year periods.
  • The City may revoke any permit issued under this subchapter if the person holding the permit refuses or fails to comply with this subchapter, with any regulations promoted by the City Council pursuant to this subchapter, or with any state or local law governing cruelty to animals or the keeping of animals. Any person whose permit is revoked shall, within ten days thereafter humanely dispose of all chickens being owned, kept or harbored by such person, and no part of the permit fee shall be refunded.
  • Chickens must be confined at all times in a chicken coop or chicken run. Chicken coops and chicken runs shall comply with the following requirements:
    • The location of the chicken coop or run shall comply with the setback requirements for accessory structures in the zoning district in which the property lies; and shall be located in the rear or side yard of the property and all chickens must be kept in a manner that does not constitute a nuisance to the occupants of adjacent properties.
    • The City may require screening of the chicken coop or run.
    • Stationary chicken coops shall not exceed 24 square feet (by outside dimensions) or six feet in height and must provide at least two square feet per chicken. Coops must be elevated with a clear, open space of at least 24 inches between the ground and the floor or framing of the coop.
    • Coops shall be constructed in a manner and using materials which are adequate to prevent access by rodents or other wildlife.
    • Chicken runs must not exceed 120 square feet or six feet in height and must be completely enclosed with woven wire or wood. Fencing shall be at least 5% open for the passage of air and light.
    • Chicken feed must be stored in rodent and raccoon-proof containers.
  • The premises where chickens are kept must be maintained in a healthy and sanitary condition and in a manner that will prevent noxious or offensive odors from being carried to adjacent properties.
  • All premises on which chicken hens are kept or maintained shall be kept clean from filth, garbage, and any substances which attract rodents. The coop and its surroundings must be cleaned frequently enough to control odor. Manure shall not be allowed to accumulate in a way that causes an unsanitary condition or causes odors detectable on another property. Failure to comply with these conditions may result in the officer removing chickens from the premises and/or revoking a chicken permit.
  • Dead chickens must be disposed of according to the Minnesota Board of Animal Health rules which, require chicken carcasses to be disposed of as soon as possible after death, usually within 48 to 72 hours. Legal forms of chicken carcass disposal include burial, offsite incineration or rendering, or offsite composting. Slaughtering of chickens on the property is prohibited.
  • Any chicken coop or run may be inspected at any reasonable time by the City Administrator to determine compliance with this subchapter and the applicable permit. Notification of inspection needed will be sent by mail, with time and date of inspection to be set up by owner, no later the seven days after being sent to resident.
  • A violation of this subchapter is a misdemeanor. Any person violating any conditions of the permit or this subchapter shall reimburse the city for all costs borne by the city to enforce the conditions of the permit including but not limited to the pickup and impounding of chickens

Section 2.  This ordinance shall take effect upon publication.

Adopted this 13th day of June 2022.

____________________________________

Bill Ketchum, Mayor

ATTEST:

___________________________________

Bryce A. Lange, City Administrator

Published:  _____________________