Chapter 9.26
POULTRY AND RABBITS
Sections:
9.26.020 Running at large—Impoundment and disposal.
9.26.030 Location near dwellings—Keeping within thirty feet.
9.26.050 Authorized deviations.
9.26.070 Sanitary requirements for coops and yards.
9.26.090 Certain unclean conditions deemed nuisances.
9.26.010 Definitions.
For the purposes of this chapter the following words and phrases shall have the meanings respectively ascribed to them by this section:
(1) "Animal" includes rabbits, hares, guinea pigs;
(2) "Coop" includes every enclosure or part thereof, which is roofed over or has an overhead covering of wire or other material and which is used or intended as a shelter for any poultry or animal herein mentioned;
(3) "Dwelling" includes every building, any portion of which is used or designed or intended to be used as living or sleeping quarters for a human being;
(4) "Keep" means keep, house, enclose, harbor, maintain or permit to remain, for any period of time exceeding one day;
(5) "Poultry" includes chickens, geese, ducks, turkeys, peafowl, guinea fowl, pigeons, squabs, doves and other domestic fowl;
(6) "Premises" means a parcel of land held in possession by one and the same person or group of persons;
(7) "Running at large" means not within the immediate possession or control of some person;
(8) "Yard" includes every run, pen and other enclosure, other than a coop, wherein any poultry or animal herein mentioned is kept or permitted to run. (Ord. 758 § 2 (part), 1987; Prior code § 3.51).
9.26.020 Running at large—Impoundment and disposal.
It is unlawful for any person owning or charged with the care of any poultry or animal mentioned in this chapter to permit the same to run at large within the city. Any poultry or animal found running at large may be impounded and disposed of in the manner then provided for the impoundment and disposal of dogs running at large in the city. (Ord. 758 § 2 (part), 1987; Prior code § 3.52).
9.26.030 Location near dwellings—Keeping within thirty feet.
It is unlawful to keep any poultry or animal mentioned in this chapter, or any coop or yard therefor, in the city within a distance of thirty feet from any dwelling; excepting however, yards to which the poultry or animals do not have access for more than six hours during any day. (Ord. 758 § 2 (part), 1987; Prior code § 3.53).
9.26.040 No more than fifty allowed per quarter acre or within one hundred feet of dwelling without permit.
It is unlawful to keep on any premises within the city more than fifty in all of any such poultry or animals for each one-quarter acre of such premises, or more than the same proportionate number on premises having a greater or lesser area, or to keep more than fifty in all of any such poultry or animals within one hundred feet of any dwelling, unless a permit to do so shall first be obtained from the City Council. (Ord. 758 § 2 (part), 1987; Prior code § 3.54).
9.26.050 Authorized deviations.
In any case in which, in the opinion of the council, there exists any unnecessary circumstance, such as the unusual contour, size, shape or development of any premises, by reason of which the strict enforcement of the provisions of Section 9.20.030, would work unreasonable hardship, the council, in its sound discretion, may permit minor deviations therefrom in the manner and upon the conditions specified in Section 9.20.060. (Ord. 758 § 2 (part), 1987; Prior code § 3.55).
9.26.060 Permit generally.
Upon application being made to the City Council for any permit required under Section 9.20.040 the council shall set the same for hearing. Upon such hearing and after investigation such application shall be granted and a permit issued unless the council shall find that the keeping of such poultry, animals, coops or yards, as proposed is contrary to some provision of the zoning ordinance (Title 15), or other ordinance of the city, or that the granting thereof under conditions then existing would be detrimental to the public peace, health or general welfare or would interfere with the reasonable and comfortable enjoyment of life or property in the neighborhood of such premises, and in the event of any such finding the application shall be denied. The granting of any such application shall be by resolution of the council and shall be subject to such conditions and restrictions as the council in the exercise of its sound discretion shall therein impose and determine. A certified copy of the resolution shall be delivered to the applicant and shall constitute the permit required hereunder. Every such permit shall be good until revoked. Any such permit may be revoked at any time by the council, after hearing thereon, for failure to comply with any condition or restriction therein contained or for violation of any provision of law or ordinance or any lawful order or regulation of any health officer, in reference to the keeping of any such poultry, animals, coops or yards, or for any cause or condition then existing, however arising, which in the opinion of the council would then be sufficient grounds for denying an application for such permit hereunder in the first instance. Notice of such hearing shall be given to the person named in the permit by personal service or by depositing the same in the United States mail, postage prepaid, addressed to him at the address stated in the permit or as otherwise known to the city clerk, not less than five days prior to the day of the hearing. (Ord. 758 § 2 (part), 1987; Prior code § 3.56).
9.26.070 Sanitary requirements for coops and yards.
Every coop wherein any poultry or animal is kept or permitted, shall be cleaned at least twice in each week, and oftener if required, and all coops and yards shall be maintained in a clean and sanitary manner and condition. Every person owning or responsible for any poultry, animal, coop or yard shall take and observe every reasonable precaution necessary to prevent the breeding of flies, lice, insects, rodents and disease germs and to prevent odors in and about the premises, and shall carry out and comply with all lawful rules, regulations and orders of the city health officer in regard thereto. The health officer may from time to time make and issue such rules, regulations and orders as he may deem necessary and proper to carry out the provisions of this chapter. (Ord. 758 § 2 (part), 1987; Prior code § 3.57).
9.26.080 Noise.
It is unlawful to keep within the city any animal or fowl which by any sound or cry shall disturb the peace and quiet of any neighborhood to such an extent as to interfere with the reasonable and comfortable enjoyment of life or property, and every such animal or fowl so doing shall be deemed a menace to the public peace and is declared to constitute a public nuisance and shall be abated as such. (Ord. 758 § 2 (part), 1987; Prior code § 3.58).
9.26.090 Certain unclean conditions deemed nuisances.
The maintenance of every coop or yard within the city, which by reason of its unclean or unsanitary condition, affords or is likely to afford a breeding place for flies, lice, insects, rodents or disease germs, or gives forth noxious or disagreeable odors shall be deemed a menace to the public health and is declared to constitute a public nuisance, and shall be abated as such. (Ord. 758 § 2 (part), 1987; Prior code § 3.59).