HomeMy WebLinkAbout8C Chickens PRJO*
4646 Dakota Street SE
Prior Lake,MN 55372
CITY COUNCIL AGENDA REPORT
MEETING DATE: MAY 26, 2015
AGENDA#: 8C
PREPARED BY: FRANK BOYLES, CITY MANAGER
PRESENTED BY: FRANK BOYLES, CITY MANAGER
AGENDA ITEM: CONSIDER APPROVAL OF A REPORT WITH RESPECT TO THE
KEEPING OF CHICKENS IN PRIOR LAKE
DISCUSSION: Introduction
The purpose of this agenda item is to receive city council direction about
whether chickens should be allowed to be kept in the urban portions of
the city.
History
Section 801 of the Prior Lake City Code addresses the keeping of
animals within the city of Prior Lake. The code presently defines animals
to be: "cattle, horses, ponies, mules, sheep, goats, swine, ducks, geese,
turkeys, chickens and other domesticated birds, reptiles and animals"
(emphasis mine). The term animal does include dogs and domesticated
cats or other small animals traditionally regarded as household pets.
In the urban service area only traditional household pets are allowed (no
chickens). In the rural service area animals (except dangerous animals
without a special permit) may be kept subject to a formula where the
maximum animal density is equal to the number of contiguous acres
times an animal unit value defined in the ordinance. For two acres which
is the ordinance minimum a total of 50 chickens could be kept.
The city's Code Enforcement Officer has fielded dozens of questions
about the keeping of chickens. Tractor Supply up until recently sold
chicks telling their customers that the city code allows chickens which is
only partially correct.
Increasingly metropolitan area cities are allowing the keeping of chickens
in urban areas. According to a Savage report, Minneapolis, St. Paul,
Eagan, Burnsville, Lakeville, Shakopee, and Savage, to name a few,
allow chickens. Some are by permit and others are not. By contrast
Eden Prairie prohibits chickens altogether. (Attached)
Prior Lake's ordinance does allow chickens on agricultural properties but
prohibits them in urban subdivisions and the like. Enclosed is the
ordinance adopted by Savage last year. The ordinance allows:
Phone 952.447.9800 / Fax 952.447.4245/www.cityofpriorlake.com
• The keeping of up to four(4) hens (no roosters) on any parcel of
land but not for breeding.
• Chickens must be confined at all times in a chicken coop or run.
• The coop or run must protect the chickens from the elements.
• The coops or runs must meet the building code.
• Coops and runs are allowable in backyards, 50 feet from existing
residential structures and 10 feet from any property line.
• Provide 10 square feet per chicken, less than 6 feet in height,
screened from view by solid fence or landscape buffer 12 to 24
inches off the ground for circulation.
Conclusion
The council should decide if it wishes to amend Prior Lake city code and
if so how.
ISSUES: Bird flu has received a great deal of attention recently with millions of
turkeys perishing. Apparently the disease can be passed on to other
birds but not to other animal species or mankind...
A representative of the city attorney's office has advised me that allowing
chicken in the urban area does lead to imbroglios between homeowners
that the city inevitably becomes involved with.
FINANCIAL Undoubtedly there will be some issues associated with the keeping of
IMPACT: chickens which will require the time of the Code Enforcement Officer.
ALTERNATIVES: 1. Motion and second to direct the staff to prepare an ordinance which
would allow for the keeping of chickens subject to certain conditions
in the urban area of the community.
2. Take no action and retain the existing ordinance.
RECOMMENDED As determined by the City Council.
MOTION:
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followed. A decision by the Hearing Officer shall be final.
Source: Ordinance No. 6-2009
Effective Date: 6-30-2009
SECTION 9.08. ANIMALS AND FOWL-KEEPING,TRANSPORTING,TREATMENT,HOUSING.
Subd. 1. Definitions. As used in this Section,the following definitions shall apply:
A. "Farm animals"mean cattle,mules,sheep,goats,swine,ducks,geese,turkeys,chickens,and guinea hens.
B. "Animals"include farm animals and all other animals,reptiles and feathered birds or fowl except horses,ponies,
dogs,cats,gerbils,hamsters and caged household birds.
Subd. 2. Keeping. It is unlawful for any person to keep or harbor any animal not in transit except(1)farm animals kept
in that portion of the City where they are a conforming or non-conforming use under City Code Chapter 11, or(2)
animals kept as a part of a show licensed under the City Code,or(3)animals used in a parade for which a permit has
been issued under the City Code, or (4)animals kept in a laboratory for scientific or experimental purposes, or(5)
animals kept in an animal hospital or clinic for treatment by a licensed veterinarian.
Subd. 3. Animals in Transit. It is unlawful for any person to transport animals unless they are(l)confined within a
vehicle, cage or other means of conveyance or (2) restrained by means of bridles, halters, ropes or other means of
individual restraint.
Subd. 4. Treatment. It is unlawful for any person to treat an animal in a cruel or inhumane manner.
Subd. 5. Housing. It is unlawful for any person to keep any animal in any structure infested by rodents,vermin,flies or
insects,provided however this provision does not apply to honey bees kept pursuant to City Code Section 9.73.
Subd. 6. Trespasses. It is unlawful for any person to herd,drive or ride any animal over and upon any grass,turf,
boulevard,City park,cemetery,garden or lot without specific permission therefor from the owner.
Subd. 7. Fences.
A. It is unlawful for the owner and occupant of any land used as an enclosure for any horses, ponies or farm
animals to fail to construct and maintain a fence thereon in at least as good condition of repair and up to
standards specified for a legal fence in Minnesota Statutes, 1990,Section 344.02.
B. It is unlawful for the owner and occupant of any land used as an enclosure for any horse,pony or farm animal to
fail,while such land is occupied by any such animal,to keep gates thereon securely closed;and any gate not so
kept shall be presumed to be the act of the owner and occupant.
Source: City Code
Effective Date: 9-17-82
Subd. 8. Running at Large. It is unlawful for the owner,or parents or guardian of such owner under eighteen(18)
years of age,of a horse,pony or farm animal,to allow such horse,pony or farm animal to run at large.
Source: Ordinance No.28-86
Effective Date: 2-19-86
9-21
CITY OF SAVAGE
SCOTT COUNTY,MINNESOTA
ORDINANCE NO.740
AN ORDINANCE OF THE CITY OF SAVAGE, MINNESOTA,AMENDING TITLE 9,
CHAPTER 91, SECTION 91.04 RELATING TO FARM ANIMALS AND ADOPTING BY REFERENCE
CITY CODE CHAPTER 10;WHICH,AMONG OTHER THINGS,CONTAIN PENALTY PROVISIONS.
THE CITY COUNCIL OF THE CITY OF SAVAGE, MINNESOTA,ORDAINS:
Section 1. Title 9, Chapter 91, Section 91.04 Farm Animals is hereby amended as follows:
91.04 FARM ANIMALS.
Farm ankmals shall be allowed only as a legal non-conforming use where a similar
use occurred before the most recent change in the Zoning Code and continues
consistently thereafter. • • : _:_ _ e: "-e: _ -_ _ -e- Animals
brought into the city as part of an operating zoo, veterinarian clinic, scientific research
laboratory or a licensed show or exhibition are not considered farm animals. Further.
notwithstanding the above, the keeping of hen chickens shall be allowed, subject to the
following standards:
(A) No more than 4 hen chickens are allowed on any parcel of land in the City. The
raising of chickens for breeding purposes is prohibited.
(B) 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.
Chickens over the age of 4 weeks shall not be kept inside of a dwelling or garage.
(C) Chickens shall be properly protected from the weather and predators in a shelter
or coop and have access to the outdoors in an enclosure or fenced area. The shelter
and/or enclosure shall meet the following requirements:
(1) Any chicken coop or chicken run must comply with all applicable building and
zoning codes and regulations.
(2) No chicken coop or run shall be constructed on any parcel of land prior to
construction of the principal building.
(3) A chicken coop or run cannot be located in the front or side yard.
(4) A chicken coop or run must be set back at least 50 feet from any existing
residential structure on an adjacent lot and at least 10 feet from the property line.
(5) A chicken coop or run must be screened from view with a solid fence or
landscaped buffer with a minimum height of 4 feet.
(6) A chicken coop can be no larger than 10 square feet per chicken and cannot
exceed 6 feet in height. A chicken run cannot exceed 20 square feet per chicken and the
fencing cannot exceed 6 feet in height. A chicken run may be enclosed with wood or
woven wire materials, and may allow chickens to contact the ground. A chicken run must
have a protective overhead netting to keep the chickens separated from other animals.
(7) A chicken coop must be elevated a minimum of 12 inches and a maximum of
24 inches to ensure circulation beneath the coop.
Ordinance Amendment
July 21,2014
(D) Owners shall care for chickens in a humane manner and shall prevent nuisance
conditions by ensuring the following conditions are met:
(1) Chicken grains and feed must be stored in rodent proof containers.
(2) No chicken may be kept or raised in a manner as to cause injury or
annoyance to persons on other property in the vicinity by reason of noise, odor, or filth.
(3) Any chicken running at large may be impounded by the City and, after being
impounded for three days or more without being reclaimed by the owner, may be
destroyed or sold. A person reclaiming an impounded chicken must pay the cost of
impounding and keeping the same.
Section 2. City Code Title I, Chapter 10, Section 10.99 entitled "General Penalty" is hereby adopted
in its entirety by reference as though repeated verbatim herein.
Section 3. This Ordinance shall become effective from and after its passage and publication.
Passed this 21st day of July, 2014 by the Mayor and Council of the City of Savage, Scott County,
Minnesota.
Janet Williams, Mayor
Attest:
Barry A. Stock, City Administrator
PUBLISH in the Savage Pacer on Saturday, .
2
Exhibit A
City of Savage
Scott County, Minnesota
Summary of Ordinance No. 740
Ordinance amending City Code Title IX, Chapter 91, Section 91.04
The following is only a summary of Ordinance No. 740. A full copy of the text is available for
public inspection by any person during regular office hours at the office of the City Clerk.
This Ordinance amends City Code to allow the keeping of up to four hen chickens. The
ordinance does not allow the raising of chickens for breeding purposes. The ordinance further
regulates standards for the chicken coop and run and also for the care and prevention of
nuisance conditions.
Effective Date: This ordinance shall be effective from and after its passage and publication.
Publish in the Savage Pacer
Saturday, July 26, 2014
RESOLUTION NO. R-14-
APPROVING THE SUMMARY OF ORDINANCE NO. 740
AND ORDERING THE PUBLICATION OF SAID SUMMARY.
WHEREAS, Ordinance No. 740 was adopted and ordered published at a regular meeting of the
City Council of the City of Savage held on the 21st day of July, 2014;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SAVAGE,
MINNESOTA:
1. The recitals set forth above are incorporated herein.
2. Ordinance No. 740 is lengthy.
3. The text of Summary of Ordinance No. 740, attached hereto as Exhibit A,
conforms to Minn. Stat. § 331A.01, subd. 10, and is approved, and publication of
the title and Summary of Ordinance will clearly inform the public of the intent and
effect of the Ordinance.
4. The title and summary shall be published once in the Savage Pacer in a body
type no smaller than brevier or 8 point type.
5. A printed copy of the Ordinance shall be made available for inspection for any
person, during regular business hours, at the offices of the City Clerk, and a copy
of the entire text of the Ordinance shall be posted in the City offices.
6. Ordinance No. 740 shall be recorded in the Ordinance Book, along with proof of
publication, within twenty (20) days after said publication.
ADOPTED BY THE CITY COUNCIL this 21st day of July, 2014.
Janet Williams, Mayor
ATTEST: Motion by:
Second by:
Barry A. Stock, City Administrator
Ave Nav
Williams
Abbott
Kelly
McColl
Victorey
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