Changing Brigham City's law

Chapter 17.52 KEEPING LIMITED NUMBERS OF FOWL FOR FOOD PRODUCTION
Sections:
17.52.010 Intent.
17.52.020 General conditions.
17.52.030 Prohibited uses.
17.52.040 Standards for containment.
17.52.050 Standards for maintenance.
17.52.060 Application for permit.
17.52.070 Enforcement.
17.52.080 Permit revocation--Grounds.
17.52.090 Permit revocation procedure, right to cure.

17.52.010 Intent.
This chapter shall provide residents of the community the opportunity to maintain up to twelve hen chickens as pets and for the purpose of producing eggs, subject to the described restrictions and regulations. The objective is to cultivate localized self-supporting and sustainable behavior for the betterment of the local, regional, and world community.
(Ord. 09-01 (part), 2009)

17.52.020 General conditions.
In all R-1, R-2, R-3, R-4 residential zones and planned unit developments in the RA zone of the city of Moab, and only for those single-family residential uses in the commercial zones, up to and not exceeding more than twelve hen chickens for egg production as family food, shall be allowed with the issuance of a permit from the city. This use is solely to allow hens per household as pets and for the purpose of producing eggs, subject to the following restrictions.
(Ord. 09-01 (part), 2009)

17.52.030 Prohibited uses.
A. No roosters shall be allowed in the R-1, R-2, R-3, R-4, any commercial zone or in planned unit developments located in the RA-1 zone. If chickens are purchased as chicks and any are determined at a later date to be roosters, they shall be removed immediately upon determination of gender;
B. Fighting chickens are not allowed as per Chapter 6.04.360;
C. Hen chickens shall not be raised for slaughter for commercial purposes.
(Ord. 09-01 (part), 2009)

17.52.040 Standards for containment.
Hens shall be securely fenced and confined to the property of the owner with the use of coops and yards, and not allowed to run at large;
A. Enclosures and coops shall be located at least fifteen feet from neighboring residences, kept clean and with no odors emanating across property lines;
B. Chicken yards shall provide a minimum outside area of ten square feet per hen;
C. Coop areas shall provide a minimum of four square feet of habitable area per laying hen.
(Ord. 09-01 (part), 2009)

17.52.050 Standards for maintenance.
A. Removal of Dead Birds.
1. The owner of any fowl that dies within city limits shall remove the carcass of such animal from city limits within ten hours after its death.
B. No coop cleanings shall be stockpiled within twenty feet of any dwelling or any property line unless stored in a closed bin covered to prevent pest and insect infestation or kept in a properly maintained compost pile.
C. No coop shall be kept in an unsanitary or improperly ventilated condition by any coop owner, lessee or occupant of a property.
D. Diseased or sick birds shall be handled in such a manner as to not infect other members of the coop.
(Ord. 09-01 (part), 2009)

17.52.060 Application for permit.
Any person intending to raise up to a total of twelve domesticated hen chickens shall apply for a permit to do so. The application form shall be provided by the zoning administrator and shall include at a minimum:
A. Name and address of property owner and other contact information;
B. Address of subject property;
C. Name and contact information of occupant or renter if not the property owner;
D. The applicant shall provide a narrative and a site plan of the subject property to adequately explain the location of the coop and other improvements on the lot. A nonrefundable fee as established by resolution of council shall be submitted at the time of application;
E. If the applicant is not the owner of the property on which the request for keeping chickens is located, a letter from the owner, signed and notarized agreeing to the use is required. All chicken permits shall be renewed with the zoning administrator every two years.
(Ord. 09-01 (part), 2009)

17.52.070 Enforcement.
In the event that violations of this section occur, the complainant shall contact the zoning administrator and shall file a complaint outlining the nature of the infraction(s) and the time(s) that the violations(s) occurred. The property owner of the subject property shall be notified in accordance with code Chapter 17.78, Zoning Violation--Penalties, and the appropriate fines shall be in effect.
All violations of this chapter are classified as Class B misdemeanors, punishable by a fine not to exceed one thousand dollars or by imprisonment in the county jail for a period not to exceed six months, or by both such fine and imprisonment. Each day of violation or noncompliance shall constitute a separate offense and may be prosecuted accordingly.
(Ord. 09-01 (part), 2009)

17.52.080 Permit revocation--Grounds.
A permit to keep chickens may be revoked at the discretion of the zoning administrator if any of the following occurs:
A. Three complaints are submitted from a neighborhood within a period of one month where definite violations of the above described standards have occurred;
B. Failure to correct violations within an allowed time period not to exceed twenty-one days;
C. A rooster is kept on the premises in violation of the restrictions for roosters;
D. False, inaccurate, or misleading statements by the applicant in the application for a chicken permit, or any supporting documentation;
E. The use of the permit for commercial sale of eggs or poultry meat products.
(Ord. 09-01 (part), 2009)

17.52.090 Permit revocation procedure, right to cure.
A. Prior to revocation, the zoning administrator shall issue a written notice of violation, which notice shall describe the nature of the violation and permit the licensee a period of not less than twenty-one business days in which to correct or abate the violation. The abatement period may be extended by action of the city manager upon a showing of good cause. The notice shall also inform the permitee that the permit will be revoked not less than twenty-one business days from the date of notice if violation is not corrected within the period.
B. The notice shall be personally served or delivered by certified mail or first-class mail to the last known address of the permit holder. The permit holder shall be entitled to request a hearing by delivering a written request to the zoning administrator any time prior to the effective date of the license revocation, as stated in the notice of violation. Failure to timely request a hearing shall be a waiver of the right to a hearing. Timely request for a hearing shall result in the revocation being stayed until completion of the hearing.
C. Hearings shall be informal and presided over by the city manager. The permit holder shall be allowed to offer evidence or testimony in support of his/her position. Should the testimony, documents, or other evidence establish a violation the permit shall be immediately revoked. If the infractions are corrected after revocation has taken place, a new application and fee shall be submitted by the former permit holder to the zoning administrator for review.
D. Following an informal hearing before the city manager, a person aggrieved by a revocation may appeal the decision by delivering written notice of same within ten business days of the notice of decision. Timely notice of appeal will result in stay of the revocation pending the appeal hearing. Appeals shall be heard by the city council no later than ten business days from the delivery of notice of appeal. The council may sustain or overturn the decision.
E. Any person violating a revocation decision shall be subject to the remedies and penalties as described in Section 17.52.070.
(Ord. 09-01 (part), 2009)

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