New Ordinance for Waxhaw, NC

Stephens

In the Brooder
11 Years
Jan 2, 2009
16
0
22
Waxhaw, NC
Approved Ordinance
Section: 3-109
AN ORDINANCE FOR THE TOWN OF WAXHAW, NORTH CAROLINA AMENDING SECTION 3-109 TO ALLOW CHICKENS
In accordance with N.C.G.S. §§ 160A-174 and 160A-175, and for the purpose of allowing and regulating chickens and for protecting the health, safety or welfare of the people and guests of the Town of Waxhaw.
Now, therefore, the Board of Commissioners of the Town of Waxhaw do ordain and amend Section 3-109 to add the following:
Notwithstanding the foregoing, live chickens shall be allowed in the Town of Waxhaw’s municipal limits with a valid permit as provided herein. An owner or possessor of such chicken(s) shall comply with the following subsections before a permit is issued. The permit may be revoked upon violation of the terms and provisions of this Ordinance. Permits shall not be issued and may be revoked if the chicken(s) is likely to endanger the health, safety, peace, quiet, comfort, enjoyment of or otherwise become a public nuisance to nearby residents or occupants or places of business.
Chickens will be allowed upon issuance of a valid permit within the municipal limits of the Town of Waxhaw provided that:
o
The chickens must be confined in a chicken coop not less than four (4) square feet of floor area for each chicken. Chicken coops must not be lower than twenty-four (24) inches from the ground or higher than twenty-five (25) feet from the ground.
o
Chickens may be allowed outside their coops during daytime hours if temporary fencing is constructed to restrict the chickens from leaving the owner or possessor’s property. The temporary fencing must be completely enclosed and removed when chickens are in coops. The temporary fencing must also have a top cover. In no such case shall the temporary fencing be left out over night. If the owner or possessor wishes to allow the chickens to roam freely, a more permanent fencing is required to prevent the chicken from leaving the subject property.
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Refer to the Town of Waxhaw Unified Development Ordinance for fencing requirements.
o
The chicken coop and/or property shall be kept clean, sanitary and free from accumulation of animal excrement and objectionable odors.
o
The chicken coop shall be a minimum of thirty (30) feet from the nearest residence other than that of the owner and a minimum of five (5) feet from the lot line.
o
No more than 6 chickens shall be kept or maintained on any individual lot. Chickens are prohibited on lots less than ¼ acre (10,890 square feet) in size.
o
No male chickens/roosters shall be allowed.
o
The owner or possessor must pay an annual chicken permit fee in an amount established and/or modified by the Town of Waxhaw. Annual renewal fees must be paid on or before July 1.
o
If chickens are removed from the premises for a violation of this Ordinance or other applicable law, the owner or possessor is not allowed to obtain a chicken permit for a minimum of one (1) year from the date of removal.

No slaughter or sale of slaughtered chickens is allowed within the Town of Waxhaw, unless expressly permitted by the Town of Waxhaw Unified Development Ordinance.

It is recommended that the owner or possessor take an educational course on chicken care provided by the Union County Cooperative Extension Office.
Effective Date: This Ordinance shall be effective on this 8th day of September 2009.
Town Clerk Mayor
Motion carried 3-2.
Voting Yea: Commissioners Blythe, Lane and Haug.
Voting Nay: Commissioners McManus and Walker.
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