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Ordinance 1705 - FAILED - Amending Animal Regulations Regarding Ducks11/07/2011: FAILED ON A UNANIMOUS VOTE ORDINANCE NO. 1705 AN ORDINANCE AMENDING THE CITY OF KALISPELL MUNICIPAL CODE REGARDING THE REGULATION OF DUCKS WITHIN THE CITY CODIFIED AT CHAPTER 4, DECLARING AN EFFECTIVE DATE, AND AUTHORIZING THE CITY ATTORNEY TO CODIFY THE SAME. WHEREAS, the Kalispell Municipal Ordinances regarding the regulation of fowl kept within the City permits only the keeping of chickens; and WHEREAS, a city resident who keeps ducks on her property testified before the City Council that there is little distinction between the impact of ducks and chickens on land use; and WHEREAS, City Council considered the testimony in favor of permitting ducks, as well as written testimony complaining about the smells and vermin generated by fowl kept on private property within the city; 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 allow ducks and to mitigate the factors that create 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 L 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. SECTION III. 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" 4-1 Keeping of Livestock in City Prohibited. D.Limitations on Fowl: No fowl shall be permitted other than chickens and ducks which shall be permitted only under the following limitations: 1. No roosters or drakes shall be kept or maintained within the City, 2. No more than fifteen (15) total fowl hems shall be kept or maintained upon a parcel or lot, 3. Property owners must maintain the fowl chins 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, rodents or feathers. Failure to maintain the property in accordance with these requirements shall be considered a violation of this section.