HomeMy WebLinkAboutFinally Adopt Ordinance No. 1767, amending Title 6, domestic chickens1
Commission Memorandum
REPORT TO: Honorable Mayor and City Commission
FROM: Brit Fontenot, Assistant to the City Manager
Chris Kukulski, City Manager
SUBJECT: Final Adoption of Ordinance 1767, amending Title 6 by adding section
6.04.070 regulating the keeping of domestic chickens within the corporate limits of the City of
Bozeman AND amending Title 18 section 18.80.080 defining agricultural use and as amended
by the Bozeman City Commission on September 14, 2009.
MEETING DATE: September 28, 2009
AGENDA ITEM TYPE: Consent Item
RECOMMENDATION: Finally adopt Ordinance No. 1767 amending Title 6 by adding section
6.04.070 regulating the keeping of domestic chickens within the corporate limits of the City of
Bozeman AND amending Title 18 section 18.80.080 defining agricultural use and as amended
by the Bozeman City Commission on September 14, 2009.
BACKGROUND:
On September 14, 2009 the Bozeman City Commission held a public hearing on Ordinance
1767, the urban chicken ordinance. After staff presentation(s) and questions, public comment
and Commission discussion, Ordinance 1767 was amended by the Commission and provisionally
adopted, including Staff findings and those by the by the Zoning Commission, by a vote of 5 –
0. Commission amendments are:
1) Ordinance 1767, Section 2, B, 2 i lowering the minimum lot size threshold from 5,000
square feet to 3,000 square feet and lowering the maximum number of chickens allowed
on the minimum lot size from six (6) to four (4) chickens.
2. The number of chickens authorized per permit shall comply with the following,
subject to all other standards in this Chapter:
i. for the first 5,000 3,000 square feet of any residential parcel, up to six four (6) (4)
chickens;
2) Remove Section 3 of Ordinance 1767, the Review provision, and renumber subsequent
sections accordingly.
Section 3
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Review
The terms and outcome of this ordinance shall be reviewed by the City Commission upon
the second anniversary of its passage.
For Commission consideration of the final adoption of Ordinance 1767, the only document
attached hereto is Ordinance 1767 as amended by the Commission on September 14, 2009. The
original draft ordinance and all associated attachments, 1 – 15, can be found in the 2009 City
Commission packet material from September 14th at
http://www.bozeman.net/WebLink7/Browse.aspx?startid=324.
If finally adopted, Ordinance 1767 will become effective on October 28, 2009.
SECTION I
For the purposes of this memo, the word “chickens” specifically refers to female chickens
or hens. Staff is not recommending the legalization of the keeping of adult roosters
within the City of Bozeman (City).
At the June 8, 2009 City Commission meeting several members of the public spoke in
favor of amending Title 6 to allow for the lawful keeping of chickens in the City. The
Bozeman City Commission (Commission) requested that Staff research amendments to
Titles 6 [Animals] and 18 [Unified Development Ordinance] which, if approved, would
permit urban chicken keeping. The Commission also directed Staff to work with the
interested public to draft such an ordinance. Ordinance 1767 represents the culmination
of this work (Attachment 1).
Above all, the City Commission endeavors to ensure and enhance the health, safety and
welfare of the citizens of Bozeman, promote residential harmony amongst the citizens of
this community while protecting and promoting the wellbeing of all animals within its
jurisdiction. In researching public health risks associated with the keeping of domestic
chickens in an urban environment, Staff found that the risk to public health is minimal
and therefore should not, per se, constitute a rational for denying approval of the
proposed ordinance (Attachments 2 and 3).
Additionally, the Commission seeks to maintain or improve the overall quality of life of
the citizens of Bozeman by affording the opportunity to produce healthy, affordable and
sustainable food sources. If appropriate minimum community standards are considered,
codified and enforced, chickens may provide these opportunities for some in this
community without dramatically or negatively impacting the quality of life for others. As
chickens have not been traditionally kept in town perceived impacts may be greater than
actual impacts. The proposed ordinance attempts to balance the desires and expectations
of the citizens of Bozeman.
Ordinance 1767 [the Urban Chicken Ordinance or UCO] was drafted through a
collaborative effort between City Staff and several interested citizens. The UCO seeks to
establish reasonable minimum standards balancing the desire to keep one’s own chickens
with the reality that raising chickens in an urban setting should not negatively impact the
quality of life of neighbors or others living in the City. For a comparative study of urban
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chicken ordinances from 25 municipalities, including a helpful table in Appendix A, see
Attachment 4, Residential Urban Chicken Keeping: An Examination of 25 Cities.
The following sections of this memo, II – V, set out further details of the proposed
ordinance.
SECTION II
A. Keeping of Chickens lawful
This section recommends setting the maximum number of chickens lawfully permitted
within City limits at fifteen (15) chickens, dependant on lot size and configuration. An
exception to permission to keep up to fifteen (15) chickens is when a chicken or chickens
are determined to be nuisances. A nuisance animal is described in Title 6 – Animals,
6.04.010.N.4 as:
N. [A]ny animal that unreasonably annoys humans, endangers the life or
health of persons or other animals, or substantially interferes with the rights of
citizens, other than their owners, to enjoyment of life or property. The term
"nuisance" shall include, but not be limited to:
4. Any animal that makes disturbing noises including, but not limited
to, continued and repeated howling, barking, whining, crowing or
other utterances causing unreasonable annoyance or discomfort to
neighbors or others in close proximity to the premises where the
animal is kept or harbored;
In terms of enforcement authority for nuisance animals, Title 6 – Animals, 6.04.120
Nuisance Animals Prohibited – Complaints, states:
It is unlawful for any person to own, harbor, keep, or maintain any such nuisance
animal, and it shall be the duty of the Animal Control Officer and all law
enforcement officers to file complaints for all such violations occurring in their
presence. Any person aggrieved by a nuisance animal may file a complaint with the
Animal Control Officer. Where the offense is not committed in the presence of the
Animal Control Officer, the Animal Control Officer shall investigate and issue an
appropriate criminal or civil citation, or request prosecution for the violation through
the City Attorney, or their designee. (Ord. 1764, S 9, 2009; Ord. 1463 S 3, 1998;
Ord. 1446 S 10, 1997; Ord. 1085 S 11, 1981)
Therefore, if the UCO is adopted, chickens may be kept, up to a maximum number of
fifteen (15) and dependant on lot size and configuration, provided they do not constitute a
nuisance as defined by Title 6.
B. Location and Number
As drafted, the UCO contemplates the lawful keeping of chickens on single-household
parcels (single household detached and single household attached), parcels under unitary
ownership with more than one dwelling onsite (duplexes through apartments) and on
residential parcels under common ownership (condominiums) provided the lot size
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restrictions are met. To limit the total number of chickens on a parcel of land, the area
used in each permit for parcels with multiple households may not overlap and thus may
be restricted.
Recommended Minimum Lot Size Options:
1) As presently written, any lot must contain a minimum of 5,000 square feet for the
keeping of up to six (6) chickens, for each additional 1,000 square feet of lot size an
additional chicken may be added up to the recommended maximum of fifteen (15)
chickens (Attachments 5 and 6); or
2) If the Commission finds that a minimum of 5,000 square feet for the keeping of up to
six (6) chickens is unnecessarily exclusive of owners of parcels less than 5,000 square
feet, Staff suggests the Commission consider lowering the minimum lot size threshold
to 3,000 square feet and set the maximum number of chickens allowed at four (4)
(Attachments 7 and 8).
It is important to note that while the UCO would allow for the keeping of chickens, it
does not require this activity. Additionally, if adopted the UCO will not override a
condominium or homeowners association’s covenants or other private agreements in
place or modified thereafter which may prohibit the keeping of chickens. Not all
properties may be suited to the keeping of chickens and the proposed permitting and
inspection process is intended to identify and restrict such locations.
C. Specific Standards for Chickens
The standards proposed in the UCO represent a compilation of standards set forth in other
urban chicken ordinances found in municipalities throughout the country. In general,
these minimum standards ensure the health, safety and welfare of the community and the
chickens, as well as providing for the quality of life for neighbors and residents.
Standards 1 and 2 of the UCO relate to the prohibition of adult roosters and containment
of chickens. Staff recommends that no adult roosters be kept. At approximately three (3)
months of age, it should be clear whether the chicken is a hen or a rooster. At that time,
roosters must be culled from the flock. Chickens cannot be allowed to run at large and
must be confined to the keeper’s property at all times and must remain confined to the
chicken enclosure or coop from sunset to sunrise.
Standards 3 – 9 are concerned with the health and wellbeing of the chickens and set forth
requirements for houses, enclosures, security and sanitation.
Standards 10 -12 address issues related to the quality of life of residents in neighboring
homes and businesses. These standards define minimum setbacks of chicken houses and
enclosures to adjacent inhabited structures and property lines (Attachments 9 and 10).
Additionally, Standards 10 – 12 address noxious odors and loud and/or habitual noise and
prohibit the slaughtering of chickens in the public view.
The standards enumerated in the UCO represent the very least which must be done by a
chicken keeper in order to properly and lawfully keep chickens in the City. If found by
an Animal Control Officer (ACO) that a keeper has failed to meet the standards set forth,
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this may constitute grounds for a warning, order to mitigate, permit revocation, citation or
any combination thereof.
D. Permits Required/Inspections
In essence, this section sets forth the permitting, inspection, notification, protest and
appeals processes and procedures. Additionally, Section D contemplates fees associated
with approved permits. If the UCO is approved, Staff recommends returning to the
Commission with a chicken keeping permit fee resolution during the 30 day effective
period. Unless otherwise directed by the Commission, Staff will recommend fees as
follows:
1) A permit for six (6) or fewer chickens would require a one-time fee of $25.00.
Inspection of the permitee’s chicken house and grounds is at the discretion of the
ACO who retains the authority to inspect the chicken house and grounds at any time
and for any reason.
2) A permit for between seven (7) and fifteen (15) chickens would require a one-time
fee of $50.00. Inspection of the permitee’s chicken house and grounds by the ACO is
required.
Staff recommends that urban chicken permit fees are paid one-time only unless the
number of chickens, location, standard or manner in which the chickens are kept is
altered from that which is described in the original permit. The fee recommendation is
based on the cost per hour of wages and benefits of an ACO at the rate of $22.76 per hour
and has not factored additional personnel, administrative materials or equipment costs
associated with processing or enforcing urban chicken permits.
Noticing provisions are included in the proposed UCO and are intended to provide
appropriate notification to neighbors of an applicant’s intention to keep chickens. Staff
recommends no protest provision for keepers of fewer than seven (7) chickens. The
ACO could address neighbors concerns with the keeping of fewer than seven (7)
chickens under the provisions of the nuisance code. In the event of a protest by two or
more neighbors of the keeping of seven (7) or more chickens, a hearing before the
Commission may be requested as proposed in 6.04.070 E (See E. below).
The issuance of a permit for the keeping of chickens remains at the discretion of the ACO
and permit approval or denial is based on several criteria outlined in 6.04.070 D 1 - 10.
However, permitting decisions made by the ACO may be appealed by the applicant first
to the City Manager and finally to the City Commission in the form of a public hearing, if
necessary.
E. Protest and Hearing
As proposed in the UCO, the occupants, owners, or residents of two or more adjacent
properties protesting the keeping of seven (7) or more chickens are entitled to request a
public hearing before the Commission. If a hearing is held, the Commission may issue a
permit for the keeping of seven (7) or more chickens if the Commission finds:
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1) That the site for the proposed use is adequate in size to accommodate such the
keeping of chickens, and all yards, spaces, fences, and enclosures are adequate to
properly relate such use with the land and uses in the vicinity;
2) That the proposed use will have minimal adverse impact on adjacent properties or
residents; and
3) That any conditions stated in the approval are in addition to those required in this
Chapter and are deemed necessary, and shall apply and be followed by the applicant
and the property owner as a condition of approval.
F. Enforcement
Under the proposed UCO, the ACO maintains enforcement authority as defined by Title
6 – Animals. Additionally, Staff recommends that provision 6.04.010, Definitions,
provision 6.04.120 as it relates to nuisance animals, provisions 6.04.130, 6.04.140,
6.04.150, 6.04.170 as they relate to impoundment, redemption and disposition of animals
and provisions 6.04.200 and 6.04.210 as they relate to civil and criminal violations and
penalties apply to the keeping of chickens. The aforementioned sections can be found in
Title 6 – Animals attached hereto (Attachment 11).
SECTION III
Review
Staff recommends that the UCO be reviewed by the Bozeman City Commission on the
second anniversary of its passage to determine if any changes or adaptations are
necessary to more closely adhere to the intent of this ordinance. A one year or three year
review period was discussed by Staff and remains a reasonable alternative to the Staff
recommendation. The Commission may choose to remove any review period and rely on
the public for comment and input on the effectiveness of the provisions, standards and
procedures outlined in the UCO.
SECTION IV
Amendment to Title 18.80.080 Agricultural Activity
On September 1, 2009 the City’s Zoning Commission conducted a public hearing on the
recommendation by Staff to amend the text of section 18.80.080 of the Unified
Development Ordinance (UDO) to modify the definition of “Agricultural Activity” to
exclude animals regulated by Title 6 – Animals of the Bozeman Municipal Code. After
the Staff presentation, public comment, thoughtful discussion and thorough findings, the
Zoning Commission voted 4 -1 in the affirmative to amend the text as follows, the
additional text is underlined:
18.80.080 Agricultural Activity [AS RECOMMENDED BY THE ZONING
COMMISSION]
The cultivation or tilling of soil for the purpose of producing vegetative materials for sale
or for use in a commercial operation and/or the raising or tending of animals for
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commercial sale or use. Agriculture does not include gardening for personal use, keeping
of house pets or animals as authorized under Title 6, BMC, or landscaping for aesthetic
purposes.
Staff recommends that the Commission take formal action in the manner of a motion and
vote to approve the Zoning Commission’s recommendation to amend the language in
18.80.080 as shown above (see Staff recommendation 3). The Zoning Commission staff
report, draft meeting minutes and resolution are attached hereto (Attachment 12).
The effect of the recommended changes to Titles 6 and 18, as shown in the proposed
UCO, is to allow for the keeping of chickens within all zoning districts of the City.
However, as proposed, the keeping of chickens remains restricted to residences only and
only on residential lots where minimum lot sizes and set-back thresholds are met. This
includes mixed use development. Chickens may be kept in a more intensive manner than
allowed by Ordinance 1767 in the R-S district. This allowance in the R-S district has
been present in the zoning standards for over 25 years.
SECTION V
Transition
Staff recommends that any person or persons presently keeping chickens within the City
be provided ninety (90) days, approximately three (3) months, to come into compliance
with the standards and practices outlined in the UCO. If the thirty-day effective period is
taken into account, person or persons presently keeping chickens within the City would
have approximately four (4) months to come into compliance with the standards and
practices outlined in the UCO.
SECTIONS VI – IX
Sections VI – IX represent standard ordinance provisions and are not discussed in this
memo.
CONCLUSION:
Staff concludes that the keeping of domestic chickens, if minimum standards are applied
and practiced, constitutes a minimal risk to the public health. Additionally, staff
concludes that the quality of life of the citizens of Bozeman may be enhanced by the
regulated keeping of domestic chickens by affording the opportunity to produce healthy,
affordable and sustainable food without dramatically or negatively impacting the quality
of life for others in the community.
It is important to note that while Ordinance 1767 was drafted through a collaborative
effort with chicken keeping advocates, concerns of opponents to the keeping of domestic
chickens were also considered and efforts made to address those concerns through the
application and enforcement of minimum standards, noticing, permitting, protest and
appeals processes. In drafting the UCO, efforts were made to balance the desire to keep
domestic chickens with the associated impacts on the community.
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Staff suggests a chicken keeping “best practices guide” be produced and made available
to anyone seeking permission to keep domestic chickens in the City and remain available
on the City’s website on a webpage dedicated to the practice of urban chicken keeping in
Bozeman (Attachment 13).
Additionally, the InterNeighborhood Council (INC) met for its regular monthly meeting
on September 8, 2009. During this meeting a presentation on the UCO was made by
Staff. The INC, with a quorum present, voted unanimously to recommend approval of
Ordinance 1767 by the Commission (Attachment 14).
Finally, numerous public comments have been received regarding chicken keeping in the
City and are attached hereto (Attachment 15).
FISCAL EFFECTS: A $25 one-time permitting fee is recommended for between one
(1) and six (6) chickens and a $50 one-time permitting fee is recommended for between seven
(7) and fifteen (15) chickens. These fees are unlikely to fully cover the cumulative costs of Staff
time, uniform costs, vehicle use, maintenance or fuel associated with site inspections and
additional administrative costs for processing chicken keeping applications. The balance of the
costs would be absorbed by the responsible department(s). The Animal Control Division of the
Bozeman Police Department and the Treasurer’s Office, part of the Finance Department, are
most directly affected by the approval of Ordinance 1767. As a comparison, the City currently
charges $50 for an annually renewable kennel license.
ALTERNATIVES: As suggested by the City Commission.
Report compiled on: September 7and September 23, 2009
Attachments:
September 28, 2009
1) Ordinance 1767 as amended by the Commission on September 14, 2009.
September 14, 2009
The original draft ordinance and all associated attachments, 1 – 15, can be found in the 2009 City
Commission packet material from September 14th at
http://www.bozeman.net/WebLink7/Browse.aspx?startid=324.
1) Ordinance 1767;
2) June 16, 2009 Memorandum from Tim Roark, Environmental Health Director, Gallatin
City-County Health Department to the Bozeman City Commission;
3) City and County of San Francisco, Animal Care and Control Bird Flu in Chickens Fact
Sheet;
4) Residential Urban Chicken Keeping: An Examination of 25 Cities;
5) Map 1 depicting lot sizes greater than 5,000 square feet;
6) Map 2 depicting lot sizes greater than 5,000 square feet;
7) Map 3 depicting lot sizes between 3,000 and 5,000 square feet;
8) Map 4 depicting lot sizes between 3,000 and 5,000 square feet;
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9) Map 5 depicting setback requirements, at least 5 feet from any property boundary and 20
feet from any inhabited dwelling, except that of the chicken keeper;
10) Map 6 depicting setback requirements, at least 5 feet from any property boundary and 20
feet from any inhabited dwelling, except that of the chicken keeper;
11) Bozeman Municipal Code, Title 6 – Animals;
12) September 1, 2009 Zoning Commission staff report, draft meeting minutes and
resolution;
13) Raising Urban Chickens: Best Practices Guide DRAFT, by Alison Sweeny;
14) September 9, 2009 InterNeighborhood Council Memorandum to the Bozeman City
Commission
15) Public Comment
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