3. Ordinance 1698 - Amending Animal Regulations - 2nd ReadingTel 406.758.7709
Fax 406.758.7771.
charbalI @ kalispel1.com
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1:01., In
Mayor Tammi Fisher
and Kalispell City Council
Charles Harball, City Attorney
Jane Howington, City Manager
Ordinance No.1698 — an ordinance mending the City of Kalispell
Code That Regulates Fowl — Second Reading
May 2, 2011-- Regular Council Meeting
BACKGROUND : ordinance No. 1693 amends the existing city code at .,Article 1 of Chapter 4
that provides the general regulation of domestic animals in the city. The amendment places
limitation on the keeping of fowl in the city. The specific limitations are that 1) only chickens are
allowed to be kept on property within the city and these are limited in number to fifteen per
parcel, and 2} no roosters are allowed, and 3) the chickens must be kept in a manner that does not
cause adverse impact to neighboring property owners. A violation of this amendment is proposed to
be treated as a civil infraction. This ordinance passed on first reading.
RECo J ATIol : That City Council give consideration to and pass ordinance No. 1698
on second reading.
FISCAL I A.CT : There are no anticipated fiscal impacts to the City from these proposed.
amendments.
Respectfully submitted,
{
Charles`R I,,Ajity Attorney lane Hoawington, City Marl er
AN ORDINANCE I D OF .
REGARDING T REGULATION OF CHICKENS WITHIN THE CITY CODIFIEIV,.
DATE,AT CHAPTER 4, DECLARING AN EFFECTIVE 1 AUTHORIZING
ATTORNEYCITY /
WHEREAS, the Kalispell Municipal Ordinances regarding the regulation of fowl kept within
the City is limited to prohibiting fowl from running at large; and
WHEREAS, members of City Council and staff have regularly heard from city residents
complaining that sounds and smells generated by fowl kept on private property
within the city create a nuisance; and
WHEREAS, it is in the best interests of the City and its residents to amend the Municipal Code
regulating fowl in the City to mitigate the factors that create a nuisances that have
been identified as reflected in Exhibit "A" attached hereto.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
KALISPELL. AS FOLLOWS. -
SECTION I. The City of Kalispell Municipal Code codified at Chapter 4 of the
Code is hereby amended as set forth in Exhibit "A", attached
hereto and incorporated fully herein by this reference.
SECTION II. The City Attorney is hereby authorized and directed to recodify
this ordinance.
SECTIONIII. This Ordinance shall take effect thirty (30) days after its final
passage.
PASSED AND APPROVED BY THE CITY COUNCIL, AND SIGNED BY THE MAYOR. OF
THE CITY OF KALISPELL THIS DAY OF .2011.
ATTEST:
Theresa white
City Clerk
Tammi Fisher
Mayor
Exhibit "A"
-1 Keeping of Livestock in City Prohibited.
No person shall keep within the City limits any cattle, mules, sheep, goats, buffalo, swine, wild
or domesticated predatory or game animal; provided, however:
A.That this section shall not be applicable upon property owned by the Flathead County
Fair Board and operated by such Board as a fairgrounds within the City, and
B . That this section shall not be applicable to persons who keep pygmy goats or potbellied
pigs as household pets, provided that no person shall keep more than two (2) pygmy goats
or two (2) potbellied pigs.
C. Horses are permitted within any zoning district subject to the following minimum
requirements.-
1. The number of horses permitted on a property shall equal one horse per one acre
of fenced pasture land.
2. Offspring to permitted animals living on the lot shall not be counted as part of the
animal density for one year from date of birth at which time the owner shall bring the
animal density back into compliance with this section.
3. Property owners must maintain the animals and pasture in a manner that does not
cause adverse impact to neighboring property owners. Potential negative impacts on
adjacent properties include offensive odors, pasture runoff and the unusual presence of
insects (flies). Failure to maintain the property in accordance with these requirements
shall be considered a violation of this section.
4. Property annexed into the City exceeding the densities required under subsection
(C)(1) of this section shall have up to two (2) years from the date of annexation to
bring the animal density into compliance with this section.
D. Limitations on Fowl. No fowl shall be permitted other than chickens which shall be
permitted only under the following limitations:
1. No roosters shall be kept or maintained within the City.
2. No more than 15 si* hens shall be kept or maintained upon a parcel or lot.
3. Property owners must maintain the chickens in a manner that does not cause
adverse impact to neighboring property owners. Potential negative impacts on adjacent
properties include offensive odors and the unusual presence of insects or feathers.
Failure to maintain the property in accordance with these requirements shall be
considered a violation of this section.