~Here is the most recent chicken owning ordinance for the City of Clarksville, TN. ORDINANCE 6-2012-13 AN ORDINANCE AMENDING THE OFFICIAL CODE [TITLE 3, CHAPTER 1, SECTION 3- 109] RELATIVE TO KEEPING BACKYARD CHICKENS WHEREAS, many Clarksville residents have expressed interest in urban farming relating to the keeping of backyard chickens; and WHEREAS, many residents within the Clarksville city limits wish to preserve the longstanding traditions of Tennessee agriculture; and WHEREAS, fostering sustainable efforts and green, environmentally friendly living in the City of Clarksville is important to quality of life of our citizens; and WHEREAS, domesticated hens may be used for companionship, educational purposes, and non-commercial production of eggs in support of sustainable green living, and WHEREAS, providing appropriate guidelines for backyard chickens that ensure the safety of the animals, maintain sanitary conditions of the property and protect the animals’ welfare, and enforceable codes to maintain the quality of the owner’s property and to prevent any impairment on the enjoyment of surrounding properties, are imperative for compliance with this ordinance; and WHEREAS, outlining specific guidelines and regulations will provide a clear understanding to those interested in backyard chickens as well as to ensure a safe and clean environment in neighborhoods where permitted. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLARKSVILLE, TENNESSEE: (1) That Title 3, Chapter 1, Section 3-109, of the official Clarksville City Code be amended by deleting the language there in and substituting the following language therefore: Sec. 3-109. – Keeping of cattle, horses, goats, sheep, swine, or poultry in residential areas a. General Prohibition. It shall be unlawful for any person to keep or allow to be kept cattle, horses, sheep, goats, swine or poultry of any kind in any residentially zoned district within the city municipal corporate limits except as may be permitted by any applicable city zoning law. 2 b. Exceptions pertaining to poultry. Notwithstanding the provisions of Section 3- 109(a) above, or any applicable zoning restrictions pertaining to the same, the keeping of poultry may be permitted subject to the following restrictions, prohibitions, and conditions: 1. The keeping of domesticated hens (female chickens) shall be allowed in the residentially zoned districts of E-1, R-1, and R-1-a. 2. Other types of fowl and poultry, such as ducks, geese, quail, pigeons, or turkeys shall not be considered domesticated hens. 3. Roosters shall be prohibited. Breeding of permitted hens shall be prohibited on property premises. On-site slaughtering is prohibited. 4. All domesticated hens shall be kept outside of a habitable structure in a fenced chicken enclosure (chicken run), and a portion of the chicken enclosure must include a covered chicken coop structure (henhouse). The chicken coo p shall provide at least two square feet per chicken and shall not exceed 50 square feet. The chicken enclosure shall provide at least six square feet per bird, and the enclosure shall also include the coop within the enclosure, and the entire enclosure shall not exceed a total of 400 square feet. The maximum height of the coop shall be no more than 10 feet at the highest point as measured from the ground directly beneath the highest point of the coop. The enclosure and coop shall be located in the rear of the property 10 feet away from the rear property line, and 10 feet away from any side property line. The coop shall be covered and enclosed on all sides. The enclosure shall be open to the air above, or the enclosure may be covered by a permeable material approved by the Department of Building and Codes. A maximum of six chickens may be permitted on any parcel or tract of property. 5. Any food storage shall be kept in airtight, predator proof, and weather proof containers. 6. There shall be a one-time application fee of $50 for any person applying for a chicken permit. As a part of the permit process and at the time of the permit application, the applicant shall provide a site drawing showing the location of the proposed chicken enclosure and chicken coop in relationship to the applicant’s real property line boundaries. Final permit 3 approval shall be subject to inspection of the completed structure by the Department of Building and Codes. 7. The permit applicant must own and occupy the property for which the permit is applied. The permit cannot be transferred or assigned to any other person. A permit shall expire upon the sale or other transfer of the property, or if the permit holder ceases to reside at the property for which the permit was granted. 8. A permanent screening buffer shall be required. The screening buffer shall be located no closer than the minimum front yard setback of the applicant’s property. This permanent screening buffer may be a f ence, shrubbery, or other similar structure or plant. 9. The chicken coop and enclosure shall be well maintained and regularly cleaned to control dust, odor, and waste, in order to not constitute a nuisance, safety hazard or health problem to surrounding property. As part of proper maintenance, the permit holder must remove any chicken waste on a regular basis, at least bi-weekly, and dispose of it in a proper manner. Chicken waste includes excrement, uneaten feed, feathers, or other waste items. If the enclosure and coop are not properly maintained and results in the occurrence of a nuisance, the Department of Building and Codes may treat the nuisance as any other nuisance pursuant to existing law, regardless if the permit holder has an otherwise valid permit. 10. Any permit issued may be revoked by City Court upon a finding of any violation by any person of any provisions herein. (2) That Title 3, Chapter 1, Section 3-110, of the official Clarksville City Code be amended by delet ing the language there in and substituting the following language therefore: Sec. 3-110. – Citation; City Court adjudication, assessment of civil fine. Any city law enforcement officer, and/or city Department of Building and Codes official or his/her designee, is hereby empowered to issue a citation to any person for any violation of any of the provisions of this chapter. Citations so issued may be delivered in person to the violator or they may be delivered by registered mail to the person so charged if he cannot be readily found. Any citation so delivered or mailed shall direct the alleged violator to appear in city court on a specific day and at a 4 specific hour stated upon the citation; and the time so specified shall be not less than seventy-two (72) hours after its delivery in person to the alleged violator, or less than ten (10) days of mailing of same. Citations issued for violation of any of the provisions of this chapter shall be tried in the city court. The city court j udge shall determine whether a violation has occurred and shall assess a civil monetary fine as penalty against any person convicted of violating any of the provisions of this chapter, said fine to be in an amount of fifty dollars ($50.00) for each violation. Each day of violation shall be deemed a separate violation. FIRST READING: August 2, 2012 SECOND READING: September 6, 2012 EFFECTIVE DATE: September 11, 2012"
