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3. Ordinance 1698 - Amending Animal Regulations - 2nd ReadingTel 406.758.7709 Fax 406.758.7771. charbalI @ kalispel1.com go elm, 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.