Chapter 6.30
CHICKENS AND FOWL
Sections:
6.30.03 Keeping of certain fowl prohibited.
6.30.04 Keeping of fowl regulated.
6.30.06 Pens/coops – Inspection and sanitation.
6.30.01 Definitions.
For the purpose of this chapter only, the following definitions apply:
“Chicken” shall mean a female gendered domesticated fowl (hen) of the subspecies Gallus gallus domesticus.
“Coop” shall mean an enclosure or cage consisting of four walls, a roof and a floor with adequate ventilation and appropriate access and egress, designed in such a way as to provide safe and healthy living conditions to house chickens.
“Rooster” shall mean the male gender of the subspecies Gallus gallus domesticus. (Ord. 921 § 1)
6.30.02 Keeping fowl.
The City of Baxter Springs is authorized to adopt rules and regulations relating to the keeping of any chickens or other domestic fowl in the city limits which may pertain to the sanitation of the pens or buildings in which fowl are kept, the number kept and the location of all places where the same may be authorized to be kept. The city shall have the authority to establish and enforce rules and regulations relating to any matter pertaining to the administration, implementation and enforcement of the provisions of this chapter.
The city may conduct, or cause to be conducted by an animal control officer or authorized representative, such inspections as are necessary to ensure compliance with all applicable ordinances, statutes, and laws of local, state and federal governments and compliance with city rules.
It shall be the duty of the owner or the keeper of any chickens to comply with the rules and regulations pertaining to the keeping of chickens. All chickens will be kept in a secure fully enclosed “coop” (building or enclosed structure) constructed in a manner that prevents noxious odors and sound emanating off the property. (Ord. 921 § 2)
6.30.03 Keeping of certain fowl prohibited.
It is unlawful for any person to keep or maintain roosters (male chickens), guinea cocks, peacocks, geese, ducks, turkeys, pigeons or other birds that by nature exhibit loud calls within the corporate limits of the city. (Ord. 921 § 3)
6.30.04 Keeping of fowl regulated.
It shall be unlawful for any person to keep or maintain any domestic fowl upon any private premises in the city (when such keeping is lawful under other ordinances of the city) within 50 feet of any dwelling other than that of the owner or tenant of the premises on which such fowl are kept or maintained, or to keep or maintain such fowl at any time on any premises in a manner or condition constituting a public nuisance.
Except as otherwise specifically permitted or prohibited by this municipal code, chickens shall only be allowed to be kept as pets for the purposes of producing a limited, noncommercial amount of eggs under the following conditions:
(a) A maximum of five chickens with a minimum of four square feet per chicken shall be kept in residential areas.
(b) Chickens shall be concealed from street view and kept in an enclosed or fenced area at all times.
(c) Each chicken shall be kept in a coop after sundown.
(d) Each coop shall be constructed in a way as to be impenetrable by vermin or other predators so as to provide adequate protection for the chickens and their eggs.
(e) Each coop and enclosure shall be kept in clean, dry, odor-free and sanitary condition at all times.
(f) Chickens shall be provided with access to feed and clean water at all times. The feed and water shall be rendered unavailable to rodents, other birds, vermin and/or predators.
(g) Odors from chickens, chicken manure or other substances related to chicken keeping shall not be permitted to be perceptible beyond the boundaries of the property on which chickens are kept.
(h) Any stored manure shall be contained in a fully enclosed bin or structure. No more than three cubic feet of manure may be stored on any residential property. All manure not used for composting or fertilizing shall be removed.
(i) All chicken enclosures or coops shall be kept free of debris and accumulated droppings. Any uneaten feed must be removed in a timely manner.
(j) Running at Large Prohibited. It shall be unlawful for any person to allow or permit domestic fowl to run or be at large at any time in the city. For the purpose of this section, the term “at large” shall be defined to include those times during which any domestic fowl shall not be confined or kept in pens sufficiently strong or constructed to keep such fowl on the premises of their owner or keeper.
(k) No chicken hens shall be slaughtered within view of adjacent property or the public.
(l) Changes in 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 revised ordinance. (Ord. 921 § 4)
6.30.05 Permit required.
A backyard chicken permit is required for the keeping of chickens. The owner must obtain an annual permit. The permit will be approved upon inspection of pens, coops by the city code enforcement officer, animal control officer, or any police officer. The fee for the permit will be set by resolution of the Baxter Springs city council and may be periodically adjusted. (Ord. 921 § 5)
6.30.06 Pens/coops – Inspection and sanitation.
The city code enforcement officer, animal control officer or any police officer of the city shall have the right at all reasonable times to inspect the premises, pens, coop, and buildings where any chickens are kept. (Ord. 921 § 6)
6.30.07 Penalty.
Any person violating any of the provisions of this chapter shall, upon conviction, be punished as provided in the Uniform Public Offense Code for Kansas Cities. Additionally, the city code enforcement officer has discretion to revoke the permit and require that the chickens be removed within 10 days if she or he determines that the permittee is in violation of the requirements of this chapter. (Ord. 921 § 7)