Loading...
HomeMy WebLinkAboutResolution No. 4208, establishing permit for chickens1 Commission Memorandum REPORT TO: Honorable Mayor and City Commission FROM: Brit Fontenot, Assistant to the City Manager Chris Kukulski, City Manager SUBJECT: Resolution No. 4208 establishing permit fees for the lawful keeping of domestic chickens within the corporate limits of the City of Bozeman. MEETING DATE: October 12, 2009 AGENDA ITEM TYPE: Consent Item RECOMMENDATION: Approve Resolution No. 4208 establishing permit fees for the lawful keeping of domestic chickens within the corporate limits of the City of Bozeman. BACKGROUND: On September 28, 2009 the Bozeman City Commission finally adopted Ordinance 1767, Bozeman’s Urban Chicken Ordinance. The ordinance becomes effective on October 29, 2009. Section II, D 1 of Ordinance 1767 states: Prior to the keeping of any chicken(s), a party seeking to keep chickens shall obtain a permit from the City of Bozeman. A permit fee may be established by resolution of the City Commissions and may be revised from time to time [emphasis added]. Only one permit shall be issued per household. Issuance of a permit is a discretionary act. Staff proposes a two tiered permit fee structure 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 Animal Control Officer (ACO). The ACO 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 Animal Control Officer is required. 59 2 Staff recommends that a one-time fee for a chicken keeping permit apply 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 language in Resolution 4028 is consistent with that approved in Ordinance 1767. Section II, D 8 of Ordinance 1767 states: Approval of a permit to keep chickens authorizes the permit holder to keep the number of chickens in the manner described on the application and permit. Any increase to the number of chickens to seven (7) or more, up to the maximum number allowed, or a significant change to the manner of keeping said chickens shall require a new 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. The fee recommendation has not factored additional personnel, administrative materials or equipment costs associated with processing or enforcing urban chicken permits. FISCAL EFFECTS: 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, a division 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: October 6, 2009 Attachments: 1) Resolution No. 4208 2) Ordinance 1767 60 COMMISSION RESOLUTION NO. 4208 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN MONTANA ESTABLISHING PERMIT FEES FOR THE LAWFUL KEEPING OF CHICKENS WITHIN THE CORPORATE LIMITS OF THE CITY OF BOZEMAN. WHEREAS the Bozeman City Commission did, on the 28th day of September, 2009, adopt Ordinance No. 1767 amending the Bozeman Municipal Code by amending Title 6 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 activity. WHEREAS Ordinance No. 1767, Section 2, D provides that permit fees may be established by resolution. NOW THEREFORE BE IT RESOLVED by the City Commission of the City of Bozeman Montana: Section 1 Permits and fees for lawfully owning, keeping or harboring between one (1) and fifteen (15) chickens within the corporate limits of the City of Bozeman shall be issued to a permitee one-time only unless the number of chickens, permitee address or standard or manner in which the chickens are kept is altered from that which is described in the original permit. Section 2 A permit for six (6) or fewer chickens requires a one-time fee of $25.00. Inspection of the permitee’s chicken house and grounds is at the discretion of the Animal Control Officer who retains the authority to inspect the chicken house and grounds at any time and for any reason. A permit for between seven (7) and fifteen (15) chickens requires a one-time fee of $50.00. Inspection of the permitee’s chicken house and grounds by the Animal Control Officer is required. PASSED AND ADOPTED by the City Commission of the City of Bozeman Montana at a regular session thereof held on the ____ day of ____________, 2009. _________________________ KAAREN JACOBSON Mayor 61 ATTEST: __________________ STACY ULMEN, CMC City Clerk APPROVED AS TO FORM: ______________________ Greg Sullivan City Attorney 62 ORDINANCE NO 1767 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN MONTANA PROVIDING THAT TITLE 6 OF THE BOZEMAN MUNICIPAL CODE BE AMENDED BY ADDING SECTION 604070 REGULATING THE KEEPING OF DOMESTIC CHICKENS WITHIN THE CORPORATE LIMITS OF THE CITY OF BOZEMAN MONTANA AND AMENDING 1880080DEFINING AGRICULTURAL USE WHEREAS it is the intent of the Bozeman City Commission to provide for and protect the health safety and welfare of the citizens of Bozeman promote residential harmony and ensure the wellbeing of properly maintained domestic chickens through effective regulation and WHEREAS the Bozeman City Commission acknowledges that having chickens within an urban environment has the potential to affect the interests ofothers and WHEREAS certain minimum standards for keeping chickens is necessary to protect the health welfare and quality of life ofboth the animals and citizens of Bozeman and WHEREAS it is the intent of the Bozeman City Commission to provide and maintain for the citizens of Bozeman opportunities for the healthy consumption of locally produced foods and products and WHEREAS the Bozeman City Commission acknowledges that the act of food production on ones own property may improve the quality of life of its residents and WHEREAS the Bozeman City Commission acknowledges that the husbandry of an appropriate number domestic female chickens may provide a sustainable and costeffective food source NOW THEREFORE BE IT ORDAINED by the City Commission of the City of Bozeman Montana Section 1 That the table ofcontents of chapter 4 ofTitle 6 of the Bozeman Municipal Code be amended so that such section shall read as follows 604070 Keeping of Chickens Gallus Gallus Domesticus 63 Section 2 That the following shall be added to Section 604070so that said section shall read as follows A Keeping ofChickens Lawful Subject to the standards in this Chapter it shall be lawful to keep of up to fifteen 15 female domestic chickens hens per permit holder Except as provided in 604O10N4chickens kept in accordance with the provisions ofthis section are not nuisance animals pursuant to 604120 B Location and Number 1 Chickens may be kept in the following locations subject to all other standards in this Chapter i on asinglehousehold parcels ii on a parcelsunder unitary ownership with more than one dwelling on site and iii on residential parcels under common ownership 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 3000 square feet of any residential parcel up to four 4 chickens ii for each additional 1000 square feet of any residential parcel one additional hen up to a maximum of fifteen 15 and iii for parcels with multiple households the physical area used for determining the maximum number of allowed hens is exclusive to each permit and may not overlap This may restrict the number ofpermits issued on a given parcel C Specific Standards for Chickens 1 No male chickens roosters over the age ofthree months are permitted 2 No chickens may run at large within the corporate limits of the City of Bozeman All chickens must be contained with the permitteesproperty boundary The permittee shall provide the chickens with a covered predatorproof chicken house that is thoroughly ventilated of sufficient size to admit free movement of the chickens The chicken house must be adjacent to and provide free access to the chicken enclosure Any heat source or electrical facilities installed in a chicken house must comply with all adopted building and electrical codes ofthe City ofBozeman 64 4 The permittee shall provide the chickens with apredatorproof enclosure of sufficient size to admit free movement of the chickens Chicken enclosures may be movable 5 Chickens shall be secured within the enclosure from sunset to sunrise 6 Chicken enclosures and houses must be kept in a neat and sanitary condition at all times and must be cleaned on a regular basis so as to prevent offensive odors 7 Chickens shall have continuous access to adequate food and water 8 Stored feed must be kept in a rodent and predatorproofcontainer 9 Chickens shall be maintained in a healthy condition Ill chickens shall either receive appropriate medical care or be culled 10 No chicken house shall be located closer than 20 feet to any structure inhabited by someone other than the chicken owner custodian or keeper and not closer than 5 feet to any property line Chicken houses may be movable but must comply with all standards of this section 11 No chicken shall be kept in a manner so as to create noxious odors or noise of a loud persistent and habitual nature 12 No chickens shall be slaughtered within the public view D Permits RequiredInspections 1 Prior to the keeping of any chickens a party seeking to keep chickens shall obtain a permit from the City of Bozeman A permit fee may be established by resolution of the City Commissions and may be revised from time to time Only one permit shall be issued per household Issuance of a permit is a discretionary act 2 The owner of the chickens shall keep a copy of all signed City approval documents for inspection upon request by an Animal Control Officer 3 A permit for chickens under this section does not relieve any party from any requirement to obtain any other permit or other necessary approvals for any structure fence lighting heat source etc as required by the Bozeman Municipal Code 4 A party wishing to keep chickens shall submit an application to keep chickens to the City of Bozeman Treasurers Office The application shall contain the following 3 65 a A sketch identifying the property boundaries the location of all structures on the property and distances between said structures and between the property boundaries The sketch must also indicate the locations of the chicken enclosure and chicken house b The name address and signed statement of the property owner if different from the applicant consenting to the keeping of the applied for number of chickens on the property c Whether the number of chickens kept will be between one 1 and six 6 or between seven 7 and fifteen 15 d A description of the enclosure and chicken house including materials used and cubic footages e A sworn statement that all statements contained in the application are true and that the permit holder shall keep the chickens in compliance with the terms of the permit application and this section f The applicant shall provide each residence adjacent including those adjacent across a public rightofway an Acknowledgement of Notification and Request for Hearing form and indicate on said form that the applicant intends to keep chickens in the manner described in the application The applicant shall submit the signed forms and a listing of all adjacent residents with the application If a neighbor refuses to sign the applicant shall so state on the application For the keeping of seven or more chickens if two or more adjacent residences request a hearing the City shall schedule and notice a hearing before the City Commission pursuant to 604070E g Where the party seeking to keep chickens is not the fee owner of the property upon which chickens will be kept the applicant shall obtain the property owners consent in writing to keep chickens on the property The owners consent shall be submitted with the permit application or renewal For the purposes ofthis section when a party seeks to keep chickens on a property owned as condominium the consent of the property owners association must be obtained An officer of the association may sign as the land owner 5 For any party wishing to keep seven 7 or more chickens up to the maximum number allowed the party shall have the location inspected by a City of Bozeman Animal Control Officer prior to the keeping of seven or more chickens The Animal Control Officer shall review the enclosure chicken house and all matters related to the keeping of chickens 4 66 6 If during any inspection the Animal Control Officer determines changes are to be made to the enclosure chicken house or to the number of chickens to be kept or require mitigation for the impact to adjacent properties such as fencing or other screening the applicantpermit holder shall comply with the order of the Animal Control officer A person aggrieved by a decision of the Animal Control officer may appeal to the City Manager who shall review all applicable information and issue a decision on the appeal Appeals from the City Managers decision on an application permit or order of an Animal Control Officers decision may be made to the City Commission At the time of final approval by Animal Control the officer shall indicate final approval on the permit and keep a record offinal approval 7 A permit to keep chickens is specific to the permit holder and the location ofthe permit A person wishing to move chickens to a different property shall obtain a new permit A new resident of a property who intends to keep chickens shall obtain a new permit regardless of whether chickens were kept on the property or continue to be kept on the property 8 Approval of a permit to keep chickens authorizes the permit holder to keep the number of chickens in the manner described on the application and permit Any increase to the number of chickens to seven 7 or more up to the maximum number allowed or a significant change to the manner of keeping said chickens shall require a new permit 9 Nothing in this section shall prevent an Animal Control Officer from requiring an inspection of a property prior to or after issuance of a permit for any number of chickens including six 6 or less 10 Changes to 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 ofa new or revised ordinance E Protest and Hearin For the keeping of seven 7 or more chickens a request by the occupants owners or residents of two or more adjacent properties for the City Commission to conduct a hearing on the application shall subject the application to a hearing before the City Commission Adjacent properties shall include those properties adjacent by a public rightofway and include those connected by property corners If a hearing is held the Commission may issue a permit if the Commission finds 5 67 1 That the site for the proposed use is adequate in size to accommodate such the keeping ofchickens 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 Upon receiving a complaint of a possible violation the Animal Control Officer will investigate and determine if a violation of this section exists If the Animal Control Officer determines a violation exists the officer may serve upon the permit holder or the owner or lessee of the property a written notice of violation and an order to take corrective action may issue a warning or may immediately issue a violation notice The notice of violation may be served by leaving the notice in a conspicuous location at the place of the keeping of the chickens or in accordance with Section 604210 of this Chapter The Animal Control Officer will revisit the owners address 10 days or more after the notice of violation is issued The provisions of 604010 604120 604130 604140 604150 604170 604200 and 604210 shall apply to the keeping of chickens Section 3 That Section 1880080of the Bozeman Municipal Code be amended so that such section shall read as follows 1880080Agricultural activity The cultivation or tilling of soil for the purpose of producing vegetative materials for sale or for use in a commercial operation andor the raising or tending of animals for commercial sale or use Agriculture does not include gardening for personal use keeping ofhouse pets or animals as authorized under Title 6 BMC or landscaping for aesthetic purposes 6 68 Section 4 Transition Any person presently keeping chickens within the city of Bozeman shall within 90 days of the effective date of the ordinance creating this section comply with the standards contained in this section including the requirement to obtain a permit Section 5 Repealer All provisions ofthe ordinances of the City of Bozeman in conflict with the provisions of this ordinance are and the same are hereby repealed and all other provisions of the ordinances ofthe City ofBozeman not in conflict with the provisions ofthis ordinance shall remain in full force and effect Section 6 Savings Provision This ordinance does not affect the rights and duties that matured penalties that were incurred or proceedings that were begun before the effective date of this ordinance Section 7 Severability That should any sentence paragraph subdivision clause phrase or section ofthis ordinance be adjudged or held to be unconstitutional illegal or invalid the same shall not affect the validity of this ordinance as a whole or any part or provision thereofother than the part so decided to be invalid illegal or unconstitutional and shall not affect the validity ofthe Bozeman Municipal Code as a whole Section 8 Effective Date This ordinance shall be in full force and effect thirty 30 days after final adoption PROVISIONALLY PASSED by the City Commission of the City of Bozeman Montana on first reading at a regular session thereofheld on the 14t day ofSeptember 2009 69 BO ATTai rp STA C City Clan rN Cati e REN JACO ON Mayor FINALLY PASSED ADOPTED AND APPROVED by the City Commission ofthe City ofBozeman Montana on second reading at a regular session thereofheld on the 28t day of September 2009 The effective date ofthis ordinance is October 29 2009 dP KAAREN JACO SON Mayor BATTETF 2 r1 City 1883 Ili C O til APPROVED AS TO FORM G SULLIVAN City Attorney 70