Chicken Ordinance

ORDINANCE NO. 2015-703
AN ORDINANCE OF THE CITY OF ST. MARIES, A MUNICIPAL CORPORATION OF THE STATE OF IDAHO, AMENDING SECTION 5-2-2 OF THE ST. MARIES CITY CODE, ENTITLED “LIVESTOCK,” AND SECTION 11-5-10 OF THE ST. MARIES CITY CODE, ENTITLED “FARM ANIMALS,” TO PROVIDE FOR THE KEEPING OF CHICKENS WITHIN THE CORPORATE LIMITS OF THE CITY OF ST. MARIES SUBJECT TO CERTAIN CONDITIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICT; PROVIDING FOR AN EFFECTIVE DATE.
NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF ST. MARIES, IDAHO AS FOLLOWS:
SECTION 1: AMENDMENT TO ST. MARIES MUNICIPAL CODE 5-2-2
That St. Maries City Code Title Five, Chapter Two, Section Two, entitled “Livestock” shall be amended as follows:
Section 5-2-2 LIVESTOCK:
It is unlawful for any person to keep any livestock of any kind within the corporate limits of the city except for the keeping of chickens as provided in Section 11-5-10.
SECTION 2: AMENDMENT TO ST. MARIES MUNICIPAL CODE 11-5-10
That St. Maries City Code Title Eleven, Chapter Five, Section Ten, entitled “Farm Animals” shall be amended as follows:
Section 11-5-10 FARM ANIMALS:
There shall be no farm animals in zones other than R-4 for the purpose of residences.
It shall be unlawful for any person to own, keep, or maintain any farm animals in zones other than R-4, except any person may keep, own or maintain chickens on any property within the City, subject to the following conditions:
1. A permit obtained from the City is required before keeping or possession or maintaining chickens on any property within the City. The fee for the permit shall be five dollars ($5.00) per coop or such other amount as set by the City Council in accordance with a fee schedule adopted by resolution by the City. Such permit is required to be renewed annually for a fee of five dollars ($5.00) or such other amount as set by the City Council in accordance with a fee schedule adopted by resolution by the City. Each application shall be in writing, signed by the applicant, and shall contain, at a minimum, the name and address of the applicant, and such further information as may be required by the City. An application for a permit under this section gives the City, upon complaint or on its own initiative, authority to inspect the premises upon which chickens are kept and ascertain and determine whether the conditions of this ordinance are being met.
2. Roosters are prohibited.
3. Only hens and chicks may be kept in the City of St. Maries. Chicks are chickens under four (4) months old.
4. The total number of chickens kept must be no more than ten (10) chickens per single family residence regardless of the number of parcels owned.
5. All persons who keep or maintain chickens shall keep them confined at all times in an enclosures strong enough or staked out, or picketed on the premises, or otherwise kept in such a manner as to prevent the chickens from going upon the premises or property of another.
6. An enclosure that provides for safety, protection from the weather, and providing a minimum of two (2) square feet per chicken must be provided. Owners are responsible for protecting their chickens.
7. The enclosure must be roofed or otherwise enclosed on top as well as all sides and must be kept clean to prevent offensive odors.
8. All feed must be kept in animal proof containers or indoors.
9. In residential zones, the enclosures must be located on the side or behind the dwelling unit.
10. Animal locations, structures, pens, corrals, and any other premise or structure used to keep the chickens must be kept in a clean and sanitary condition, free from obnoxious odors and substances.
11. Chicken enclosures must be set back a minimum of ten feet from the property lines.
12. Outside slaughtering of chickens within the city limits is prohibited.
13. It shall constitute an infraction punishable by a fine of of twenty-five dollars ($25.00) to violate, or fail to comply with this subsection. Each day that such violation continues shall constitute a separate offense.
SECTION 3: SEVERABILITY
The ordinance is hereby declared to be severable. Should any portion of this ordinance be declared invalid by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect and shall be read to carry out the purpose(s) of the ordinance before the declaration of partial invalidity.
SECTION 4: CONFLICTS
That any ordinance or part thereof in conflict with the provision of this Ordinance is hereby repealed to the extent of such conflict.
SECTION 5: EFFECTIVE DATE
This ordinance shall be effective upon passage and publication as provided by law.
PASSED by a roll call vote of the City Council, under suspension of the rules, as follows:
Ayes: Four (4)
Nays: One (1)
APPROVED by the Mayor this 8th day of June, 2015.
ATTEST: CITY OF ST. MARIES, IDAHO
By: /s/ Kriss Gibson By: /s/ Harry Grubham
Kriss Gibson, Clerk Harry Grubham, Mayor

Posted by sschiermeister 06/22/2015