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3. Ordinance 1708 - Animal Regulations - 2nd Readingim Charles A. Harball Offlce of City Attorney City Attorney 201 First Avenue East P.O. Box 1997 Kalispell, MT 59903-1997 Mayor Tammi Fisher and Kalispell City Council Charles Harball, City Attorney Jane Howington, City Manager Tel 406.758.7709 Fax 406.758.7771 charball@kalispell.com Ordinance No. 1708 — an Ordinance Amending the City of Kalispell Code That Regulates Fowl — Second Reading December 19, 2011 — Regular Council Meeting BACKGROUND: Ordinance No. 1708 amends the existing city code at Article I of Chapter 4 that provides the general regulation of domestic animals in the city. Much discussion has taken place by the Council and with participation of the public. The amendment places limitations and regulations on the keeping of fowl in the city. Based upon the discussion with the public the Council advised the staff that more regulation of the keeping of chickens may be necessary such as used by the City of Bozeman. A violation of this amendment is proposed to be treated as a civil infraction. RECOMNENDATION: That City Council give consideration to and pass Ordinance No. 1708 on second reading. FISCAL IMPACTS: There are no anticipated fiscal impacts to the City from these proposed amendments. Respectfully submitted, C 2 Charles Harbail, City Attorney (Jane Howington, City Manar Imelt V 21DWO) #WJdK41 MMA'M k3V DIA M WHEREAS, the Kalispell Municipal Ordinances regarding the regulation of fowl kept within the City has recently been the subject of discussion and debate by the public and the City Council; 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 If. The City Attorney is hereby authorized and directed to recodify this Ordinance. SECTION 111. 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 19TH DAY OF DECEMBER, 2011. Tammi Fisher Mayor Theresa White City Clerk Exhibit "A" 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, 7 No more e than fiftee11clen&-,h-all, Chickens may be kept in the following locations, subject to all other standards in this article: a. On a single -household parcel; b. On a parcel under unitary ownership with more than one dwelling on site; and c. On residential parcels under common ownership 3. The number of chickens authorized per permit shall comply with the following, subject to all other standards in this article: a. For the first 3,000 square feet of any residential parcel, up to four chickens; b. For each additional 1,000 square feet of any residential parcel, one additional hen up to a maximum of 15, and c. For parcels with multiple households the physical area used for determining the maximum number of allowed hens is exclusive to each permit and may not overlap. This may restrict the number of permits issued on a given parcel. 4. General Regulations for the Keeping of Chickens a. No chickens may run at large within the corporate limits of the cites chickens must be contained with the permittee's property boundary. b. The permittee shall provide the chickens with a covered, predator -proof chicken house that is thoroughly ventilated, of sufficient size to admit free movement of the chickens. The chicken house must be adjacent to and provide free access to the chicken enclosure. Any heat source or electrical facilities installed in a chicken house must comply with all adopted building and electrical codes of the city. c. The permittee shall provide the chickens with a predator -proof enclosure of sufficient size to admit free movement of the chickens. Chicken enclosures may be movable. d. Chickens shall be secured within the enclosure from sunset to sunrise. e. Chicken enclosures and houses must be kept in a neat and sanitary condition at all times, and must be cleaned on a regular basis so as to prevent offensive odors. f. Chickens shall have continuous access to adequate food and water. p. Stored feed must be kept in a rodent- and predator -proof container. h. Chickens shall be maintained in a healthy condition. Ill chickens shall either receive appropriate medical care or be culled. i. No chicken house shall be located closer than 20 feet to any structure inhabited by someone other than the chicken owner, custodian, or keeper, and not closer than five feet to any Property line. Chicken houses may be movable but must comply with all standards of this section. j. No chicken shall be kept in a manner so as to create noxious odors or noise of a loud, persistent and habitual nature. i. No chickens shall be slaughtered within the public view. 5. Permits required/inspections. a. Prior to the keeping of anv chickens, a party seeking to keen chickens shall obtain a permit from the city. A permit fee may be established by resolution of the City Council and may be revised from time to time. Only one permit shall be issued per household. Issuance of a permit is a discretionary -act. b. The owner of the chickens shall keep a copy of all signed city approval documents for inspection upon request by an animal control officer. c. A permit for chickens under this section does not relieve and arty from any requirement to obtain any other permit or other necessary approvals for any structure, fence, lighting, heat source, etc. as required by this Code. d. A party wishing to keep chickens shall submit an application to keep chickens to the Kalispell Police Department — Animal Control. The application shall contain the following: i. A sketch identifying the property boundaries, the location of all structures on the property and distances between said structures and between the property boundaries. The sketch must also indicate the location of the chicken enclosure and chicken house. ii. The name, address, and signed statement of the property owner, if different from the applicant, consenting to the keeping of the applied for number of chickens on the property. iii. Whether the number of chickens kept will be between one and six, or between seven and 15. iv. A description of the enclosure and chicken house, including materials used and cubic footage. v. A sworn statement that all statements contained in the application are true and that the permit holder shall keep the chickens in compliance with the terms of the permit, application and this section. 6. For any party wishingto seven or more chickens, up to the maximum number allowed, the party shall have the location inspected by a city animal control officer prior to the keeping of seven or more chickens. The animal control officer shall review the enclosure, chicken house, and all matters related to the keeping of chickens. 7. If, during any inspection, the animal control officer determines changes are to be made to the enclosure, chicken house, or to the number of chickens to be kept, or require mitigation for the impact to adjacent properties, such as fencing or other screening the applicant/permit holder shall comply with the order of the animal control officer. A person aggrieved by a decision of the animal control officer may appeal to the city manager who shall review all applicable information and issue a decision on the appeal. Appeals from the city manager's decision on an application, permit or order of an animal control officer's decision may be made to the City Council. At the time of final approval by animal control, the officer shall indicate final approval on the permit and keep a record of final approval. 8. A permit to keep chickens is specific to the permit holder and the location of the permit. A person wishing to move chickens to a different property shall obtain a new permit. A new resident of a property who intends to keep chickens shall obtain a new permit regardless of whether chickens were kept on the property or continue to be kept on the property. 9. Approval of a permit to keep chickens authorizes the permit holder to keep the number of chickens in the manner described on the application and permit. Any increase to the number of chickens to seven or more up to the maximum number allowed, or a significant change to the manner of keeping said chickens shall require a new permit. 10. Changes to the standards contained in this section shall require any permit holder to comply with any new standard, regulation, or condition and no notice to a permit holder is required prior to enforcement of any new standard beyond that required for adoption of a new or revised ordinance. 11. Protest and hearing. For the keeping of seven or more chickens, a request by the occupants, owners, or residents of two or more adjacent properties for the City Council to conduct a hearing on the application shall subject the application to a hearing before the City Council. Adjacent properties shall include those properties adjacent by PIblic right-of-way and include those connected by property corners. If a hearing is held the council may issue a permit if the council finds: a. That the site for the proposed use is adequate in size to accommodate such the keeping of chickens, and all yards. spaces, fences, and enclosures are adequate to properly relate such use with the land and uses in the vicinity; b. That the proposed use will have minimal adverse impact on adjacent properties or residents,• and c. That any conditions stated in the approval are in addition to those required in this article and are deemed necessary, and shall apply and be followed bye applicant and the property owner as a condition of approval. 12. Enforcement. Upon receiving a complaint of a possible violation, the animal control officer will investigate and determine if a violation of this section exists. If the animal control officer determines a violation exists, the officer may serve upon the owner or occupier of the property with a warning and directive to take corrective action or may immediately issue a violation notice and citation into Kalispell Municipal Court. 13. ^ st maintain the ehiekens Chickens must be maintained 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. Evidence of these negative impacts are sufficient if they are perceptible outside of the boundaries of the subject pMpggL Failure to maintain the property in accordance with these requirements shall be considered a violation of this section.