CITY OF KASSON ORDINANCE #864 CHICKENS

90.30 CHICKENS
90.31 DEFINITIONS
For the purposes of this subchapter, unless the context otherwise indicates, the following terms shall be defined to mean:
CHICKEN COOP means a stationary or movable structure made of wood or other durable construction materials that provides shelter from the elements exclusively for chickens;
CHICKEN RUN means a fenced, outside area for keeping chickens;
90.32 PURPOSE AND INTENT
It is recognized that the ability to cultivate one’s own food is a sustainable activity that can also be a rewarding past time.  Therefore, it is the purpose and intent of this subchapter to permit the keeping and maintenance of chicken hens for eggs in a clean and sanitary manner that is not a nuisance to, or detrimental to the public health, safety, and welfare of the community, the keeping of other poultry is prohibited.
90.33 PERMIT REQUIRED; NUMBER LIMITED.
No person shall keep or harbor chickens on any premises within the City of Kasson unless the City has granted them a permit.  No permit shall be issued for the keeping of any more than six hen chickens on any premises.  No permit shall be issued for the keeping of a rooster on any premises.  No permit is required in the AG District.  No permit shall be issued in other than the R-1 District.  Permits under this section shall expire one year from the date the permit is issued.  Permits must be renewed on an annual basis.
90.34 CONDITIONS AND RESTRICTIONS
The permit shall be subject to all terms and conditions of this ordinance and any additional conditions deemed necessary by the City Council to protect the public health, safety and welfare.  The necessary permit applications will be available in the City’s Animal Control Officer.  An initial fee and/or a renewal fee, which the City Council may establish from time to time, shall be charged for each permit.  Permits shall be effective for one year and may be renewed for additional one-year periods.  The City may revoke any permit issued under this subchapter if the person holding the permit refuses or fails to comply with this subchapter, with any regulations promulgated by the City Council pursuant to this subchapter, or with any state or local law governing cruelty to animals or the keeping of animals.  Any person whose permit is revoked shall, within ten days thereafter humanely dispose of all chickens being owned, kept or harbored by such person, and no part of the permit fee shall be refunded.  Dead chickens must be disposed of according to the Minnesota Board of Animal Health rules which, requires chicken carcasses to be disposed of as soon as possible after death, usually within 48 to 72 hours.  Legal forms of chicken carcass disposal include burial, offsite incineration or rendering, or offsite composting.  Slaughtering of chickens on the property is prohibited.
90.35 CONFINEMENT
Chickens must be confined at all times in a chicken coop or chicken run.  Chicken coops and chicken runs shall comply with the following requirements:
(A) The location of the chicken coop or run shall comply with the setback requirements for accessory structures in the zoning district in which the property lies; and shall be located in the rear or side yard of the property and all chickens must be kept in a manner that does not constitute a nuisance to the occupants of adjacent properties.
(B) Whether moveable or stationary chicken coops shall not exceed 60 square feet (by outside dimensions) or six feet in height and must provide at least two square feet per chicken.  Coops must be elevated with a clear, open space of at least 24 inches between the ground and the floor or framing of the coop.
(C) Chicken runs must not exceed 120 square feet or six feet in height and must be completely enclosed with woven wire or wood.
(D) Chicken feed must be stored in rodent and raccoon-proof containers.
90.36 SANITARY CONDITIONS
The premises where chickens are kept must be maintained in a healthy and sanitary condition and in a manner that will prevent noxious or offensive odors from being carried to adjacent properties.
90.37 INSPECTIONS
Any chicken coop or run may be inspected at any reasonable time by the City Animal Control Officer to determine compliance with this Ordinance and the applicable permit.
90.38 PENALTY
A violation of this subchapter is a misdemeanor.  Any person violating any conditions of the permit or this subchapter shall reimburse the City for all costs borne by the City to enforce the conditions of the permit including but not limited to the pickup and impounding of chickens.
THE CITY COUNCIL OF THE CITY OF KASSON, ORDAINS as follows:
Section 90.30 Chickens be added to the City of Kasson Code of Ordinances.
This Ordinance shall be effective immediately upon its passage and publication.
ADOPTED this 21st day of December, 2016, by the City Council of the City of  Kasson. 
CITY OF KASSON
By: Steve Johnson, Mayor 
ATTEST: Linda Rappe, City Clerk
Published this 29th Day of December 2016
Motion of the foregoing ordinance made by Councilmember Borgstrom, and duly seconded by Councilmember Buck. Those voting in favor of the ordinance: Borgstrom, Buck, Coleman, Eggler and Johnson. Those against same: None. Z:2c