ORDINANCE 2018-06: Chickens

AMENDING TITLE 6 OF THE MUNICIPAL CODE RELATING TO ALLOWING CHICKENS ON CERTAIN RESIDENTIAL PROPERTIES IN THE VILLAGE OF GLASFORD

WHEREAS, the Village of Glasford’s Municipal Code has for many years prohibited the keeping of chickens on residential property in the Village limits;and
WHEREAS, the Mayor and Glasford Village Board of Trustees has been requested by several residents to change the Village Code to permit the keeping of chickens on residential property in the Village limits; and
WHEREAS, there has been significant public input presented to the Village demonstrating that there is substantial community benefit from permitting residents to keep a limited number of chickens for personal use in the residential areas of the Village; and
WHEREAS, those communities who permit a limited number of chickens to be kept in residential areas have experienced few problems resulting from that action; and
WHEREAS, there are demonstrated health benefits from allowing residents to raise chickens; and
WHEREAS, many communities in the region have adopted ordinances permitting residents to keep a limited number of hens for personal uses; and
WHEREAS, the Mayor and Village Board of Trustees has studied the issue and held several public meetings where residents were afforded an opportunity to express their opinions about a potential change to the Village Code to permit chickens on residential property; and
WHEREAS, it is in the best interests of the Village of Glasford and its residents that the proposed ordinance be adopted by the Mayor and Village Board of Trustees of the VILLAGE OF GLASFORD.

NOW THEREFORE, BE IT ORDAINED, by the Mayor and Village Board of Trustees of the Village of Glasford, Peoria County, Illinois:

That Title 6 of the Municipal Code be revised to add the following:

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Chapter 6.25 KEEPING OF ANIMALS RESTRICTED

6.25.010: STANDARDS FOR KEEPING OF CHICKENS

A. Up to six (6) domestic hens may be kept on properties zoned and occupied for single family residential use only.
B. Roosters are prohibited in the Village limits.
C. No person shall slaughter any chickens in the city limits, except for humane reasons.
D. Hens shall be provided with a covered inside enclosure and an adjacent covered outside fenced area. The inside enclosure shall provide not less than four square feet of area per hen and the outside fenced area shall provide not less than eight square feet of area per hen.
E. Hens shall be kept in the enclosure and fenced area at all times.
F. All chickens shall be kept in the rear yard.
G. The enclosures and adjacent fenced area shall be set back:

Fifty (50) feet from any adjacent occupied residential structure, other than that of the owner; but
Not less than the minimum property line setback required for accessory structures in the Zoning district.

H. All enclosures shall be constructed and maintained in such a manner as to be free of rodent infestation.
I. A building permit shall be required for all enclosures and applicant cannot be in violation of any other Village ordinance and/or code. The permit fee shall be the same as for a shed.
J. Electric service to enclosures shall not be provided by an extension cord or cords.
K All feed and other items that are associated with the keeping of chickens that are likely to attract or to become infested with rats, mice or other rodents shall be protected in a container with a tightly fitted lid so as to prevent rodents from gaining access to or coming into contact with them.
L. All areas where hens are kept shall be maintained in a neat and clean manner, free of undue accumulation of waste such as to cause odors detectable on adjacent properties.
M. No person shall allow chickens to produce noise loud enough to disturb the peace of persons of reasonable sensitivity, and it is hereby declared a nuisance and shall be unlawful for any person to allow such nuisance to exist.

6.25.020: MAINTENANCE

A. Removal of waste material. All stored manure shall be placed within a fully enclosed container. No more than three cubic feet of manure shall be stored. Manure, uneaten and discarded feed, feathers and other waste must be removed regularly and the structure and surrounding area must be kept free from trash and accumulated manure. The owner of any chicken which deposits fecal waste on any public place or private property other than that of the owner shall be responsible for the removal of any such waste material
B. Odor and Noise. Odors shall not be perceptible at the lot line. Noise shall not be perceptible at lot lines to the extent that it results in a public nuisance.
C. Food and water. Adequate feed and water shall be continuously provided, with protection against freezing.
D. Shelter. Shelters shall be constructed of quality, durable building materials and be maintained to be weatherproof in order to withstand inclement and extreme weather and to be secure form predators. Shelters shall be designed and constructed with adequate ventilation and in a manner that allows them to be easily cleaned.

6.25.030. REGISTRATION AND PENALTIES

A. All persons keeping chickens in the Village shall register with the Village Clerk prior to acquiring the chickens. Registration shall be on a form established by the Mayor and Village Board of Trustees. Registration forms will not be accepted until the enclosure has passed a final inspection by the Mayor and/or a Village Board Trustee. Persons having chickens as of the effective date of this Ordinance shall have 30 days to bring their property into compliance with this Ordinance.
B. The registration form shall include written permission for any Village employee, officer, or Village Board Trustee member to access the rear yard of the residence for the purpose of verifying compliance with this Code on a periodic basis. The form shall also acknowledge receipt of a copy of the standards set forth in Sections 6.25.010 and 6.25.020 above by person registering.
C. There shall be no fee charged for registration.
D. Failure to notify a the Village Clerk in accordance with “A” above or failure to allow an inspection in accordance with “B” above shall constitute a violation of Village Code and shall be punishable by a fine of no more than $100 plus hearing costs, the amount to be established by the Mayor and/or Village Board of Trustees.
E. Violation of any standard in Section 6.25.010 or Section 6.25.020 above shall be punishable by a fine not to exceed $100 plus court costs, such fine to be established by the by the Mayor and/or Village Board of Trustees. Each day a violation continues shall be considered a separate offense.
F. Three violations of this Ordinance on a property within any twelve month period shall result in loss of permission to keep chickens on the property. Keeping of chickens after permission has been revoked shall be punishable by a fine not to exceed $750 plus court costs, such fine to be established by the by the Mayor and/or Village Board of Trustees. Each day a violation continues shall be considered a separate offense.
G. The Village may deny or revoke a registration to any person who:

Is past due on any monies owed to the Village.
Has in the past five years been convicted or pled guilty or nolo contendere to any violation of Title 6 (Animals), Chapter 6.08 Dogs; Chapter 6.12 Diseased Animals; Chapter 6.16 Cruelty to Animals; Chapter 6.20 Dangerous Animals; and/or Chapter 6.24 Songbirds.
Has in the past two years been determined guilty or pled guilty or nolo contendere to any violation of Ordinance 2011-04 (An Ordinance to Control, Regulate, Correct and Abate Nuisances in the Village of Glasford, Illinois) or Ordinance 2011—5 (An Ordinance to Regulate and Eliminate Weeds, Landscape Waste,Litter, Garbage and Rubbish in the Village of Glasford,Illinois).

6.25.040. CONFLICT WITH PRIVATE COVENANTS

Nothing in this Chapter shall be construed to permit the keeping of chickens when such activity is prohibited by private covenants, conditions or restrictions governing the use of property, or by rules, regulations or orders issued by the Illinois Department of Public Health or the Peoria County Health Department.

That this Ordinance 2018-06 shall be in full force and effect upon its presentation, passage and publication according to the law.

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Passed by the Board of Trustees of the Village of Glasford and approved by the President thereof, this _20th_ day of _September, 2018.