Chickens as pets in Burke County, NC

birxak

Hatching
Feb 29, 2016
2
0
7
Can chickens be legally considered pets in Burke County, NC. Have there been any favorable court decisions for the chicken owners in NC?
 
http://www.connellysprings.com/PublicNuisance_AnimalControl_Ordinance.pdf



Fowl. (1) Any domesticated chicken, duck, goose, guinea fowl, peafowl, turkey, or pigeon, but shall not include racing pigeons or pigeons classified as fancy birds kept by members of recognized racing pigeon clubs, fancy/show/exotic fowl not intended for human consumption or for the production of eggs for human consumption, avicultural birds, pet birds, and other nonfowl birds. (2) Racing pigeons and fancy birds kept by members of recognized racing pigeon clubs, birds kept by aviculturalists, pet birds, fancy/show/exotic birds not meant for human consumption or for the production of eggs for human consumption, and other nonfowl birds shall be subject to standards for keeping fowl found in Section 5 of this Ordinance.

No person shall keep any pigs, sheep, horses, mules, goats, cattle or any other livestock, or any chickens, ducks, geese, turkeys or other fowl, on any lot or parcel of land on which a residence, industry, or business is located, except as specifically permitted in this Section 5. (d) All pigs, and all chickens and other fowl, within Town limits must be kept in a pen in a manner satisfactory to the code enforcement officer. When animals or fowl are kept within the Town limits, the building, structure, corral, pen or enclosure in which 7 they are kept shall at all times be maintained in a clean and sanitary condition. Excrement should be removed regularly from the living space of a penned or chained animal adequate to the sanitation of quarters and the health of the animal.

It shall be unlawful for any person owing or occupying premises where any animal is kept, either on a temporary or permanent basis, to maintain such premises in an unclean or unsanitary condition thereby creating a nuisance. Livestock, companion animals, and fowl maintained under this Ordinance shall be intended only for private, noncommercial use, unless kept on a bona fide farm as defined herein. Notwithstanding any other provision in this Ordinance, no livestock shall be permitted on tracts of less than one-half (½) acre in size. Section 5. Standards for keeping animals. (a) It shall be unlawful for any person to keep or maintain any livestock, companion animals, fowl or other animal, in a residential district where such use is not incidental to a single-family dwelling use, except if such animals are on a bona fide farm of at least one (1) acre in size. (b) The keeping of fowl otherwise permitted under this Article shall constitute a nuisance, and is not permitted, if the fowl or birds are kept in a manner where any of the following conditions are found to exist: (1) The keeping of the fowl or birds on the premises is detrimental to the public health, safety, or general welfare; (2) The keeping of the fowl or birds on the premises substantially diminishes the value of surrounding property; or (3) The keeping of the fowl or birds causes the property to be so out of conformity with the maintenance standards of adjacent properties as to cause substantial diminution in the enjoyment and use of such adjacent properties. (c) No person shall keep any pigs, sheep, horses, mules, goats, cattle or any other livestock, or any chickens, ducks, geese, turkeys or other fowl, on any lot or parcel of land on which a residence, industry, or business is located, except as specifically permitted in this Section 5. (d) All pigs, and all chickens and other fowl, within Town limits must be kept in a pen in a manner satisfactory to the code enforcement officer. When animals or fowl are kept within the Town limits, the building, structure, corral, pen or enclosure in which 7 they are kept shall at all times be maintained in a clean and sanitary condition. Excrement should be removed regularly from the living space of a penned or chained animal adequate to the sanitation of quarters and the health of the animal.
 
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