AGENDA RECOMMENDATION. Agenda Heading: Public Hearing Item No: 6.8

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1 Meeting Date: June 14, 2010 AGENDA RECOMMENDATION Agenda Heading: Public Hearing Item No: 6.8 Agenda Item: Ordinance amending Sections 9.61 and 9.31 of the Mankato City Code regarding the keeping and control of animals within the City limits. Summary: The ordinance provides for the regulation and licensing of chickens on a limited basis throughout the City. Utilizing the matrix from adjacent cities we established the following regulations: Issuance of a license to an individual owning residential property to harbor no more than five (5) hen chickens. The keeping of roosters is prohibited. A twenty five (25) foot setback from any dwelling for the chicken coops and chicken runs. A maximum size and specification for fenced in areas. Establishment of regulations regarding manure, feed containers, and other potential nuisances associated with chickens. Establishment of impound fees for chickens and animals found running at-large. Notification of property owners within 100 feet of a proposed license consideration by the City Council. Because a majority of the cities studied do not require neighboring property consent we did not include said requirement. Moreover, the Chicken Coalition requested that the ordinance not include a neighboring property owner consent provision. City staff has had contact with members of the Chicken Coalition expressing their interest in a limited demonstration project to be conducted at up to three residential locations throughout the City. Accordingly, we have incorporated a temporary ordinance that would allow the issuance of three licenses over a two-year period. At the end of two years the ordinance would expire. The Council could then re-evaluate to either extend the ordinance, or let it expire indefinitely. The regulatory features of the temporary ordinance are the same as the regular ordinance. Attachments: Ordinance Temporary Ordinance Urban Chicken Memo/Matrix Info

2 ORDINANCE AMENDING SECTIONS 9.61 AND 9.31 OF THE MANKATO CITY CODE REGARDING THE KEEPING AND CONTROL OF ANIMALS WITHIN THE CITY LIMITS WHEREAS, the City Council of the City of Mankato has been asked by residents to allow the keeping of chickens within the city limits of Mankato and; WHEREAS, City staff has researched the issue and has prepared the required ordinance amendments to allow the keeping of chickens within the City limits. NOW THEREFORE BE IT ORDAINED by the City Council of the City of Mankato that Sections 9.61 and 9.31 of the Mankato City Code be and hereby are amended as follows: Chapter 9. Public Protection, Crimes and Offenses Section 9.61 : Animals and Fowl - Keeping, Housing, Treatment, Restraint, Confinement, and Trespasses. Subd. 1. Definition. The term "animals" means cattle, horses, mules, sheep, goats, swine, ponies, ducks, geese, turkeys, chickens, roosters, guinea hens, exotic animal species, and all other animals and feathered fowl except dogs and cats, unless such pets are specifically included in particular subdivisions hereof, and this definition shall extend to this section only. Subd. 2. Keeping. It is unlawful for any person to keep any animal, not in transit, in any part of the City not zoned for agricultural purposes. Subd. 3. Housing. It is unlawful for any person to keep any animals in any structure infested by rodents, vermin, flies or insects. Subd. 4. Treatment. It is unlawful for any person to treat any animal or house pet in a cruel or inhuman manner. Subd 5. Restraint and Confinement. It is unlawful for any person to suffer or permit animals to run at large in the streets or public places, or to be herded or driven, thereon, unless each animal is confined within a vehicle or restrained by means of bridles, halters, ropes or other means of individual restraint. Subd. 6. Chickens. Subpart 1. Chickens Limited. It is unlawful for any person to own, control, keep, maintain or harbor hen chickens in the City unless issued a License to do so as provided herein. Licenses shall only be issued for the residentially zoned properties as defined in Chapter 10 of the Mankato City Code. In the case of rental residential property, written permission must be given by the property owner for a tenant to keep or harbor chickens and only one license per property shall be allowed. No License shall be issued for the keeping or harboring of more than five (5) hen chickens. The keeping of roosters is prohibited.

3 Subpart 2. Definitions. The term At Large shall be intended to mean a chicken out of its chicken run or coop, off the premises or not under the custody and control of the owner. The term Chicken Coop means a structure providing housing for chickens made of wood or other similar materials that provides shelter from the elements. The term Chicken Run means a fenced outside yard for the keeping and exercising of chickens. The term Owner shall mean the property owner. The term Property means any platted lot or group of contiguous lots, parcels or tracts of land devoted to a residential principal use of property as defined in Chapter 10 of the Mankato City Code. Subpart 3. License. No person shall maintain a chicken coop and/or chicken run unless granted a License by the City Council. The License shall be subject to all terms and conditions of this Section and any additional conditions deemed necessary by the City Council to protect the public s health, safety welfare, and enjoyment of property. The License shall be exclusively for the property subject to the application submitted to the City Clerk. The necessary License application may be obtained from the City Clerk s office. The completed application shall include a scaled diagram that indicates the location of any chicken coop and run, the size and distance from all structures on the property and property lines, and the distance to dwellings not located on the property subject to the application. Subpart 4. The applicant shall provide notice by first class mail to all owners of property within one hundred (100) feet from the proposed location of a License. The notice shall include the time, date, and location for the City Council meeting at which a License application shall be considered. The notice shall be mailed ten (10) days prior to the City Council meeting at which the license application will be considered. Subpart 5. A license for the keeping of chickens may be revoked or suspended by the Council for any violation of this Section following written notice. No suspension or revocation of a License shall take affect until the License holder has been given the opportunity to have a hearing. Subpart 6. A fee of $30 will be charged for each License which shall expire on December 31 of the third year of the license. Subpart 7. Confinement. Every person who owns, controls, keeps, maintains or harbors hen chickens must keep them confined on the premises at all times in a chicken coop or chicken run while in the City. Chickens must be secured in a chicken coop from sunset to sunrise each day. Subpart 8. Chicken Coops and Chicken Runs. The follow standards shall apply to chicken coops and runs: A. Must be located within the rear yard; and B. Subject to the required setbacks for accessory structures; and C. Located at least twenty-five (25) feet from any dwelling not located on the Licensed property; and

4 D. Shall be screened from view from an abutting property and/or street with a solid fence with a minimum height of four (4) feet; and E. All chicken coops must not exceed 10 square feet per chicken in size and must not exceed 6 feet in total height. The chicken coop shall comply with all other standards for accessory buildings as contained in Chapter 10 of the Mankato City Code; and F. Fenced-in chicken runs must not exceed 20 square feet per chicken and fencing must not exceed six feet in total height. Chicken runs may be enclosed with wood and/or woven wire materials, and may allow chickens to contact the ground; and G. Chicken coops must have an elevated floor with a clear open space of at least 24 inches between the ground surface and framing/floor of the coop; or the coop floor, foundation and footings must be constructed using rodent resistant construction; and H. Any lighting of the Chicken Coop or Chick Run shall comply with the standards for exterior lighting as contained in Chapter 10 of the Mankato City Code; and I. Chicken coops are not allowed to be located in any part of a home and/or garage. Chicken coops shall be considered part of the lot coverage per Chapter 10 of the Mankato City Code. Subpart 9. Inspection and Additional Conditions. In addition to the other provisions of this Section, the following standards shall apply: A. No License holder shall permit the premises where the hen chickens are kept to be or remain in an unhealthy, unsanitary or noxious condition or to permit the premises to be in such condition that odors are carried to adjacent public or private property. In addition, the License holder shall ensure that the chickens do not cause annoyance to any other person. B. Any chicken coop and chicken run authorized by License under this Section may be inspected at any reasonable time by the City Manager or Designee. C. Manure shall be routinely removed from the property and shall not be allowed to accumulate and/or cause a unsanitary condition or cause odors detectible on another property. If stored on the property, the manure shall be stored in rodent and raccoon proof containers. A maximum of two cubic feet of manure may be stored on the property. D. Chicken feed shall be stored in rodent and raccoon proof containers. E. Slaughter and breeding of chickens on any premises within the City is prohibited. F. It is unlawful for any person to keep or harbor within the City any chicken which causes serious annoyance to any other person.

5 Subpart 10. At Large Chickens. The City may impound At Large chickens per Section 9.31 of the Mankato City Code. Subpart 11. Violations. Any person who owns, controls, keeps, maintains or harbors hen chickens in the City without obtaining or maintaining a current License or after a License has been suspended or revoked by Council action shall be guilty of a petty misdemeanor. In addition, a violation of this Section shall be considered a Class I Nuisance and the City may abate the nuisance as provided in Section 9.77 of the Mankato City Code. Appeals from notice of violations shall follow the procedures in Section 9.77 of the Mankato City Code. Section Regulation of Domestic Animals. Subd. 3. Impounding A. Authority; Notice. The poundmaster shall impound any unlicensed dog found within the City, or any dog or, cat, chicken, or animal found running at large. Within forty-eight (48) hours after impounding any licensed dog, the poundmaster shall mail a written notice to the owner or keeper of such dog at the address given by such owner or keeper at the time the dog was last licensed by the City. Such notice shall set forth a description and the license number of the dog, and the date and approximate place the dog was apprehended. No such notice shall be required with respect to any apprehended dog not having attached thereto a current license tag issued by the City. B. Disposition. In the event an impounded dog, cat, chicken, or animal is not claimed by the owner or keeper of such dog within five (5) days after the impoundment or, in the event notice of such impoundment is given to the owner, within five (5) days after such notice is mailed, the poundmaster shall, in a humane manner as prescribed by the City Council, dispose of such dog, cat, chicken, or animal. C. Redemption; Fees. Any impounded dog cat, chicken, or animal shall be housed and fed in a humane manner, either in the City pound or in any other animal shelter approved by the City. Any such dog cat, chicken, or animal may be redeemed from the City pound by the owner of such dog upon payment of the fees provided herein; provided that such redemption shall be made within the five (5) day holding period as set forth in paragraph B of this subdivision. Before any impounded dog,cat, chicken, or animal shall be released from the pound to the owner thereof, the owner shall pay to the City the daily pound boarding fee, as determined by the City Council by resolution, for each day during which such dog cat, chicken, or animal shall have been kept within the pound or other approved shelter, together with an impoundment fee, which impoundment fee shall be as follows: First impoundment $15 Second impoundment $30 Third impoundment $45

6 Fourth impoundment $60 Fifth and each subsequent impoundment $75 In the event any dog impounded does not have attached thereto a current license tag issued by the City, the impoundment fee as set forth above shall be increased five dollars ($5). Any impounded dog which is required to be licensed shall be released to the owner thereof upon the presentation of a current license tag issued for each such dog, a receipt for such license for the current year, and upon payment of the fees required herein. In the event the owner of a chicken resides in the City and the chicken is to be kept on a property within the City of Mankato, the poundmaster shall first determine if a license has been issued per Section 9.61 of the Mankato City Code before releasing the chicken to owner. This Ordinance shall, in accordance with the provisions of Section 2.14 and 5.06 of the Mankato City Charter, become effective thirty (30) days after publication of notice of its adoption. Adopted this 14 th day of June, 2010 John Brady Mayor Attest: Cheryl S. Lindquist, CMC City Clerk

7 TEMPORARY ORDINANCE AMENDING SECTIONS 9.61 AND 9.31 OF THE MANKATO CITY CODE REGARDING THE KEEPING AND CONTROL OF ANIMALS WITHIN THE CITY LIMITS WHEREAS, the City Council of the City of Mankato has been asked by residents to allow the keeping of chickens within the city limits of Mankato and; WHEREAS, City staff has researched the issue and has prepared the required ordinance amendments to allow the keeping of chickens within the City limits and: WHEREAS, the City Council has expressed and interest in allowing the keeping of chickens with in the City on a trial basis. NOW THEREFORE BE IT ORDAINED by the City Council of the City of Mankato that Sections 9.61 and 9.31 of the Mankato City Code be and hereby are amended as follows: Chapter 9. Public Protection, Crimes and Offenses Section 9.61 : Animals and Fowl - Keeping, Housing, Treatment, Restraint, Confinement, and Trespasses. Subd. 1. Definition. The term "animals" means cattle, horses, mules, sheep, goats, swine, ponies, ducks, geese, turkeys, chickens, roosters, guinea hens, exotic animal species, and all other animals and feathered fowl except dogs and cats, unless such pets are specifically included in particular subdivisions hereof, and this definition shall extend to this section only. Subd. 2. Keeping. It is unlawful for any person to keep any animal, not in transit, in any part of the City not zoned for agricultural purposes. Subd. 3. Housing. It is unlawful for any person to keep any animals in any structure infested by rodents, vermin, flies or insects. Subd. 4. Treatment. It is unlawful for any person to treat any animal or house pet in a cruel or inhuman manner. Subd 5. Restraint and Confinement. It is unlawful for any person to suffer or permit animals to run at large in the streets or public places, or to be herded or driven, thereon, unless each animal is confined within a vehicle or restrained by means of bridles, halters, ropes or other means of individual restraint. Subd. 6. Chickens. Subpart 1. Chickens Limited. It is unlawful for any person to own, control, keep, maintain or harbor hen chickens in the City unless issued a License to do so as provided herein. Licenses shall only be issued for the residentially zoned properties as defined in Chapter 10 of the Mankato City Code. In the case of rental residential property, written permission must be given

8 by the property owner for a tenant to keep or harbor chickens and only one license per property shall be allowed. No License shall be issued for the keeping or harboring of more than five (5) hen chickens. The keeping of roosters is prohibited. Subpart 2. Definitions. The term At Large shall be intended to mean a chicken out of its chicken run or coop, off the premises or not under the custody and control of the owner. The term Chicken Coop means a structure providing housing for chickens made of wood or other similar materials that provides shelter from the elements. The term Chicken Run means a fenced outside yard for the keeping and exercising of chickens. The term Owner shall mean the property owner. The term Property means any platted lot or group of contiguous lots, parcels or tracts of land devoted to a residential principal use of property as defined in Chapter 10 of the Mankato City Code. Subpart 3. License. No person shall maintain a chicken coop and/or chicken run unless granted a License by the City Council. The License shall be subject to all terms and conditions of this Section and any additional conditions deemed necessary by the City Council to protect the public s health, safety welfare, and enjoyment of property. The License shall be exclusively for the property subject to the application submitted to the City Clerk. The necessary License application may be obtained from the City Clerk s office. The completed application shall include a scaled diagram that indicates the location of any chicken coop and run, the size and distance from all structures on the property and property lines, and the distance to dwellings not located on the property subject to the application. The City Council may grant no more than three (3) licenses under this ordinance. Subpart 4. The applicant shall provide notice by first class mail to all owners of property within one hundred (100) feet from the proposed location of a License. The notice shall include the time, date, and location for the City Council meeting at which a License application shall be considered. The notice shall be mailed ten (10) days prior to the City Council meeting at which the license application will be considered. Subpart 5. A license for the keeping of chickens may be revoked or suspended by the Council for any violation of this Section following written notice. No suspension or revocation of a License shall take affect until the License holder has been given the opportunity to have a hearing. Subpart 6. A fee of $30 will be charged for each License which shall expire on December 31 of the second year of the license. Subpart 7. Confinement. Every person who owns, controls, keeps, maintains or harbors hen chickens must keep them confined on the premises at all times in a chicken coop or chicken run while in the City. Chickens must be secured in a chicken coop from sunset to sunrise each day. Subpart 8. Chicken Coops and Chicken Runs. The follow standards shall apply to chicken coops and runs: A. Must be located within the rear yard; and B. Subject to the required setbacks for accessory structures; and

9 C. Located at least twenty-five (25) feet from any dwelling not located on the Licensed property; and D. Shall be screened from view from an abutting property and/or street with a solid fence with a minimum height of four (4) feet; and E. All chicken coops must not exceed 10 square feet per chicken in size and must not exceed 6 feet in total height. The chicken coop shall comply with all other standards for accessory buildings as contained in Chapter 10 of the Mankato City Code; and F. Fenced-in chicken runs must not exceed 20 square feet per chicken and fencing must not exceed six feet in total height. Chicken runs may be enclosed with wood and/or woven wire materials, and may allow chickens to contact the ground; and G. Chicken coops must have an elevated floor with a clear open space of at least 24 inches between the ground surface and framing/floor of the coop; or the coop floor, foundation and footings must be constructed using rodent resistant construction; and H. Any lighting of the Chicken Coop or Chick Run shall comply with the standards for exterior lighting as contained in Chapter 10 of the Mankato City Code; and I. Chicken coops are not allowed to be located in any part of a home and/or garage. Chicken coops shall be considered part of the lot coverage per Chapter 10 of the Mankato City Code. Subpart 9. Inspection and Additional Conditions. In addition to the other provisions of this Section, the following standards shall apply: A. No License holder shall permit the premises where the hen chickens are kept to be or remain in an unhealthy, unsanitary or noxious condition or to permit the premises to be in such condition that odors are carried to adjacent public or private property. In addition, the License holder shall ensure that the chickens do not cause annoyance to any other person. B. Any chicken coop and chicken run authorized by License under this Section may be inspected at any reasonable time by the City Manager or Designee. C. Manure shall be routinely removed from the property and shall not be allowed to accumulate and/or cause a unsanitary condition or cause odors detectible on another property. If stored on the property, the manure shall be stored in rodent and raccoon proof containers. A maximum of two cubic feet of manure may be stored on the property. D. Chicken feed shall be stored in rodent and raccoon proof containers. E. Slaughter and breeding of chickens on any premises within the City is prohibited.

10 F. It is unlawful for any person to keep or harbor within the City any chicken which causes serious annoyance to any other person. Subpart 10. At Large Chickens. The City may impound At Large chickens per Section 9.31 of the Mankato City Code. Subpart 11. Violations. Any person who owns, controls, keeps, maintains or harbors hen chickens in the City without obtaining or maintaining a current License or after a License has been suspended or revoked by Council action shall be guilty of a petty misdemeanor. In addition, a violation of this Section shall be considered a Class I Nuisance and the City may abate the nuisance as provided in Section 9.77 of the Mankato City Code. Appeals from notice of violations shall follow the procedures in Section 9.77 of the Mankato City Code. Section Regulation of Domestic Animals. Subd. 3. Impounding A. Authority; Notice. The poundmaster shall impound any unlicensed dog found within the City, or any dog or, cat, chicken, or animal found running at large. Within forty-eight (48) hours after impounding any licensed dog, the poundmaster shall mail a written notice to the owner or keeper of such dog at the address given by such owner or keeper at the time the dog was last licensed by the City. Such notice shall set forth a description and the license number of the dog, and the date and approximate place the dog was apprehended. No such notice shall be required with respect to any apprehended dog not having attached thereto a current license tag issued by the City. B. Disposition. In the event an impounded dog, cat, chicken, or animal is not claimed by the owner or keeper of such dog within five (5) days after the impoundment or, in the event notice of such impoundment is given to the owner, within five (5) days after such notice is mailed, the poundmaster shall, in a humane manner as prescribed by the City Council, dispose of such dog, cat, chicken, or animal. C. Redemption; Fees. Any impounded dog cat, chicken, or animal shall be housed and fed in a humane manner, either in the City pound or in any other animal shelter approved by the City. Any such dog cat, chicken, or animal may be redeemed from the City pound by the owner of such dog upon payment of the fees provided herein; provided that such redemption shall be made within the five (5) day holding period as set forth in paragraph B of this subdivision. Before any impounded dog,cat, chicken, or animal shall be released from the pound to the owner thereof, the owner shall pay to the City the daily pound boarding fee, as determined by the City Council by resolution, for each day during which such dog cat, chicken, or animal shall have been kept within the pound or other approved shelter, together with an impoundment fee, which impoundment fee shall be as follows: First impoundment $15

11 Second impoundment $30 Third impoundment $45 Fourth impoundment $60 Fifth and each subsequent impoundment $75 In the event any dog impounded does not have attached thereto a current license tag issued by the City, the impoundment fee as set forth above shall be increased five dollars ($5). Any impounded dog which is required to be licensed shall be released to the owner thereof upon the presentation of a current license tag issued for each such dog, a receipt for such license for the current year, and upon payment of the fees required herein. In the event the owner of a chicken resides in the City and the chicken is to be kept on a property within the City of Mankato, the poundmaster shall first determine if a license has been issued per Section 9.61 of the Mankato City Code before releasing the chicken to owner. This Ordinance shall, in accordance with the provisions of Section 2.14 and 5.06 of the Mankato City Charter, become effective thirty (30) days after publication of notice of its adoption. This ordinance shall expire two (2) years after the effective date. Adopted this 14 th day of June, 2010 John Brady Mayor Attest: Cheryl S. Lindquist, CMC City Clerk

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