ORDINANCE NO. 1543 AN ORDINANCE AMENDING

ORDINANCE NO. 1543 AN ORDINANCE AMENDING SECTION 900, ANIMALS THE CITY COUNCIL OF THE CITY OF BRAINERD DOES ORDAIN: SECTION ONE: Section 900.08 of the City Code is hereby amended by adding the following: 900.08 Chickens and Ducks. Subd 1. Chickens and Ducks Limited. It is unlawful for any person to own, control, keep, maintain or harbor hen chickens or ducks in any residential district and/or residential use in non-residential districts in the City unless issued a permit to do so as provided herein. In the case of rental residential property, including multi-family residential property, written permission must be given by the property owner for a tenant to keep or harbor chickens or ducks on said residential premises. No permit shall be issued for the keeping or harboring of more than four (4) hen chickens or ducks in any combination on any premises unless the property is located in an agricultural or rural zoning district. The keeping of roosters is prohibited. It shall be unlawful to keep or harbor hen chickens in addition to the limitations set forth in Section 900.13, Subd. 1. (For example, the limitation is further clarified as follows: 4 dogs, or 4 cats, or 4 chickens, or 3 dogs and 1 cat, or 3 chickens and 1 dog, or 2 cats and 2 chickens, etc.) (For example, the limitation is further clarified as follows: 4 chickens, or 4 ducks, or 3 chickens and 1 duck, or 2 chickens and 2 ducks, ect.) Subd. 2. Definitions. The term “At Large” shall be intended to mean a chicken or duck out of its chicken run, off the premises or not under the custody and control of the owner. The term “Chicken” means a female chicken or hen raised for egg laying. The term “Duck” means a variety of domesticated duck that is raised for egg laying. The term “Chicken or Duck Coop” means a structure providing housing for chickens or ducks made of wood or other similar materials that provides shelter from the elements. The term “Chicken or Duck Run” means a fenced outside yard for the keeping and exercising of chickens or ducks. The term “Owner” shall mean the resident, property owner, custodian, or keeper of any chicken or duck. The term “Premises” means any platted lot or group of contiguous lots, parcels or tracts of land. Subd. 3. Permit. No chicken or duck coop and/or chicken or duck run shall be maintained unless granted a permit by the City. The permit shall be subject to all terms and conditions of this Section and any additional conditions deemed necessary by the City to protect the public health, safety, and welfare. The necessary permit may be obtained from the City Administrator’s office. Included with the information required prior to issuance of the permit must be a scaled diagram that indicates the location of any chicken coop and run, and the approximate size and distance from adjoining structures and property lines. The owner must also obtain written approval of the keeping of chickens or ducks from all abutting property owners. Written approval is not required if there is no abutting property. A permit for the keeping of chickens or ducks may be revoked or suspended by the Council for any violation of this Section following written notice and a public hearing. Subd. 4. Confinement. Every person who owns, controls, keeps, maintains, or harbors hen chickens or ducks must keep them confined on the premises at all times in a chicken coop or chicken run while in the City. Any coop and run shall be screened with a solid fence or landscaped buffer with a minimum height of four (4) feet. Any coop and run shall be at least 25 feet from any residential structure or any other premises on any adjacent lots. Subd. 5. Chicken/ Duck Coops and Chicken/ Duck Runs. A) All chicken coops and runs must be located within the rear yard subject to the required setbacks for the principal building and at least 25 feet from any dwelling or any other premises on any adjacent lots. All chicken coops must be a minimum of 4 square feet per chicken or duck in size, must not exceed 10 square feet per chicken or duck in size and must not exceed 6 feet in total height. Attached fenced-in chicken runs must not exceed 20 square feet per chicken or duck and fencing must not exceed six feet in total height. Chicken runs Runs may be enclosed with wood and/or woven wire materials and may allow chickens or ducks to contact the ground. Chicken feed Feed must be kept in metal, predator proof containers. Chicken manure Manure shall not be placed in yard compost piles. B) Chicken/ Duck coops must either be: 1) Elevated with a clear open space of at least 24 inches between the ground surface and framing/floor of the coop; or 2) The coop floor, foundation and footings must be constructed using rodent resistant construction. C) Chicken coops Coops are not allowed to be located in any part of a home and/or garage or non-residential buildings. D) Chickens and ducks must be secured in a chicken coop from sunset to sunrise each day. Subd. 6. Conditions and Inspection. No person who owns, controls, keeps, maintains or harbors hen chickens or ducks shall permit the premises where the hen chickens or ducks are kept to be or remain in an unhealthy, unsanitary or noxious condition or to permit the premises to be in such condition that noxious odors are carried to adjacent public or private property. Any chicken coop and chicken run authorized by permit under this Section may be inspected at any reasonable time by the City Animal Control Officer or other agent of the City. Slaughter and breeding of chickens or ducks on any premises within the City is prohibited. Subd. 7. Violations. Any person who owns, controls, keeps, maintains or harbors hen chickens or ducks in the City limits of Brainerd without obtaining or maintaining a current permit or after a permit has been suspended or revoked by Council action shall be guilty of a petty misdemeanor. SECTION TWO: This ordinance shall take effect and be in full force one week from and after its publication. Adopted this 21st day of February 2023 ________________ KELLY BEVANS President of the Council Approved this 22nd day of February 2023 ________________ DAVE BADEAUX Mayor ATTEST: ____________________________ JENNIFER BERGMAN City Administrator (March 1, 2023) 199496