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Correctionville City Council — Ordinance 733-2022 (Urban Chickens)

Correctionville City Council
ORDINANCE NO. 733-2022

Be it enacted by the City Council of the City of Correctionville, Iowa:

SECTION 1: ADDING NEW CHAPTER 58. The Code of Ordinances of the City of Correctionville, Iowa, is amended by adding a new Chapter 58, entitled URBAN CHICKENS, which is hereby adopted to read as follows:

58.01 DEFINITIONS. The following terms are defined for use in this chapter.
1. “Chicken” means a member of the subspecies Gallus gallus domesticus, a domesticated chicken.

2. “Urban Chicken” means a chicken kept on a permitted tract of land pursuant to a permit issued under this chapter.

3. “Permitting Officer: means the Mayor or designee.

4. “Tract of Land” means a property or a zoned lot that has one single family dwelling located on that property or zoned lot.

5. “Single Family Dwelling” means any building that contains only one dwelling unit used, intended, rented, leased, let or hired to be occupied for living purposes.

6. “Permitted Tract of Land” means the tract of land as identified by the applicant upon which a permit is granted for keeping chicken pursuant to this Chapter.

7. “Permit Holder” means an applicant who has been granted a permit to raise, harbor or keep chickens pursuant to this Chapter.

58.02 PERMIT REQUIRED. No person shall raise, harbor or keep chickens within the City of Correctionville without a valid permit obtained from the City Council under the provisions of this Chapter.
1. Application. In order to obtain a permit, an applicant must submit a completed application on forms provided by the City Clerk and paying all fees required by this Chapter.

2. Requirements. The requirements to the receipt of a permit include:
A. All requirements of this Chapter are met.
B. An application fee of $10.00 for the permit has been paid in full.
C. All judgements in the City’s favor and against the applicant have been paid in full.
D. The applicant has provided notice to the residents of all immediately adjacent dwellings of the applicants’ intent to obtain a permit.
E. If the applicant is a renter, he/she must obtain written permission from landlord/property owner prior to any permit being issued.
F. The applicant grants the right for city inspection of chicken facilities prior to approval of the permit and at any other time to investigate a complaint.

58.03. ISSUANCE OF PERMITS. If the Permitting Officer concludes as a result of the information contained in the application that the requirements for a permit have been met, the City Clerk shall issue the permit, subject to final approval by the City Council.

1. Denial or revocation. The Permitting Officer, may deny or revoke any permit issued for any of the following grounds:
A. False statements on any application or other information or report required by this section to be given by the applicant;
B. Failure to correct deficiencies noted in notices of violation in the time specified in the notice;
C. Failure to comply with any provision of this Chapter.

2. Notification. A decision to deny or revoke a permit shall be in writing, delivered by ordinary mail or in person to the address indicated on the application. The notification shall specify reason for action.

3. Effect of denial or revocation. When an application for a permit is denied, or when a permit is revoked, the applicant may not re-apply for a new permit for a period of one (1) year from the date of the denial or revocation.

4. Appeals. No permit may be denied or revoked without notice and an opportunity to be heard is given to the applicant or the Permit Holder. In any instance where the Permitting Officer has denied or revoked a permit, the applicant or the Permit Holder may appeal the decision to the City Council within ten (10) business days of receipt by the applicant or the Permit Holder of the notice of the decision. The applicant or the Permit Holder will be given an opportunity for hearing. The decision of the City Council hearing the appeal, or any decision by the Permitting Officer, which Is not appealed in accordance to this Chapter, shall be deemed final action.

58.04. NUMBER AND TYPE OF CHICKENS ALLOWED. The maximum number of chickens allowed is four (4) per tract of land regardless of how many dwelling units are on the tract. Only female chickens (hens) are allowed.

58.05. TRACT OF LAND ALLOWED. Permits will be granted only for tracts of land located in the restricted residential districts as identified on the current Official Restricted Residence Map on file with the City of Correctionville.

58.06. NON-COMMERCIAL USE ONLY. A Permit shall not allow the Permit Holder to engage in chicken breeding or fertilizer production for commercial purposes.

1. Chickens must be kept in and enclosure or fenced area at all times. Chickens shall be secured within a henhouse or chicken tractor during non-daylight hours.

2. Enclosures must be kept in a clean, dry, odor-free, neat and sanitary condition at all times.

3. Henhouses, chicken tractors and chicken pens must provide adequate ventilation and adequate sun and shade and must be impermeable to rodents, wild birds and predators, including dogs and cats.

4. Henhouse and chicken tractors:
A. Henhouse or chicken tractors shall be designated to provide safe and healthy living conditions for the chickens with a minimum of four (4) square feet per bird while minimizing adverse impacts to other residents in the neighborhood.
B. A henhouse or chicken tractor shall be enclosed on all sides and shall have a roof and doors. Access doors must be able to be shut and locked at night. Opening windows and vents must be covered with predator and bird proof wire of less than one (1) inch openings.
C. The materials used in making a henhouse or chicken tractor shall bee uniform for each element of the structure such that the walls are made of the same material, the roof has the same shingles or other covering, and any windows or openings are constructed using the same materials. The use f scrap, waste board, sheet metal, or similar materials is prohibited. Henhouses and chicken tractors shall be well maintained.

5. Henhouses, chicken tractors and chicken pens shall only be located in the rear yard required by Correctionville Municipal Code unless the setback requirements cannot be met, in which case they may be kept in a side yard but within the required setbacks. No henhouse, chicken tractor, or chicken pen shall be allowed in any front yard.

6. Henhouses, chicken tractors and chicken pens must be located at least ten (10) feet from the property line and at least twenty-five (25) feet from any adjacent residential dwelling, church, school or place of business.

7. Henhouses, chicken tractors and chicken pens must conform to existing city code pertaining to structures in the applicable zoned district.
1. Odors from chickens, chicken manure or other chicken related substances shall not be perceptible beyond the boundaries of the permitted tract of land.

2. Noise from chickens shall not be loud enough beyond the boundaries of the permitted tract of land at the property boundaries to disturb persons of reasonable sensitivity.
58.09. PREDATORS, RODENTS INSECTS AND PARASITES. The Permit Holder shall take necessary action to reduce the attraction of predators and rodents and the potential infestation of insects and parasites. Chickens found to be infested with insects and parasites that may result in unhealthy conditions to human habitation may be remove by the City and all costs associated with the removal shall be accessed to the owner of the property from which the chickens were removed.

58.10. FEED AND WATER. Chickens shall be provided with access to feed and clean water at all times. The feed and water shall not be available to rodents, wild birds, and predators.

58.11. WASTE REMOVAL. Manure shall be removed and disposed of in a sealed, enclosed container to avoid odor. Manure may be sued as fertilizer if turned completely into the soil and there is no noxious odor. The henhouse, chicken tractor, chicken pen and surrounding area must be kept free from trash and accumulated droppings. Uneaten feed shall be removed in a timely manner.

58.12. CHICKENS AT LARGE. The Permit Holder shall not allow their chickens to roam off the permitted tract of land. No dog or cat or other domesticated animal that kills a chicken off the permitted tract of land will, for that reason alone, not be considered a dangerous or aggressive animal or the city’s responsibility to enforce its animal control provisions.

1. It shall be unlawful for any person to keep chickens in violation of any provision of this Chapter or any other provision of the Correctionville Municipal Code.

2. It shall be unlawful for any owner, renter or lease holder of property to allow chickens to be kept on the property in violation of the provisions of this article.

3. No person shall keep chickens inside a single-family dwelling unit, multi-family dwelling unit(s) or rental unit.

4. No person shall slaughter any chickens within the City of Correctionville.

5. No person shall keep a rooster.

6. No person shall keep chickens on a vacant or uninhabited tract of land.

58.14. NUISANCES. Any violation of the terms of this Chapter that constitutes a health hazard or that interferes with the use or enjoyment of neighboring property is a nuisance and may be abated under the general nuisance abatement provision of Correctionville Municipal Code.

SECTION 2. REPEALER CLAUSE. All ordinances or part of ordinances in conflict with the provisions of this ordinance are hereby repealed.

SECTION 3. SEVERABILITY CLAUSE. If any section, provision or part of this ordinance shall be adjudged invalid or unconstitutional, such adjudication shall not affect the validity of the ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional.

SECTION 4. WHEN EFFECTIVE. This ordinance shall be in effect from and after its final passage, approval and publication as provided by law.

Passed by Council on the 8th day of August, 2022.

/s/ Kathy Hoffman

/s/ April Putzier
City Clerk

First Reading: July 11, 2022
Second Reading: August 8, 2022
Third Reading: waived

Published in The Record
Thursday, August 18, 2022

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