01-14-13 Council Agenda & Packet

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Urban Chicken Text Ordinance to Amend Chapter 5 of the South Bend Municipal Code Page 3 (d) "Chicken pen"means an enclosure that must meet the standards set forth in Section 21-02.11 of this Code. (e) Any one desiring to raise urban chickens within the city limits must file an application for an Urban Chicken Permit with the Division of Animal Care and Control in the Department of Code Enforcement and pay an annual filing fee of twenty dollars ($20.00). At the end of each calendar quarter, the Division of Animal Care and Control shall provide to the Office of the City Clerk an electronic report summarizing: the residential street location, number of urban chickens at each such location, size of the chicken coop and size of the chicken pen for each location which has been issued such a permit. The Division of Animal Care and Control may deny or revoke a permit to any person who has failed or refused to comply with the permit requirements, who has made any fraudulent or false statement or material representation in the permit application or in connection with the keeping of urban chickens, who has violated a state or any provision of this Code in connection with the application or keeping of urban chickens or who has kept urban chickens or other animals in such a manner as to constitute a breach of the peace or a menace to the health, safety or welfare of the public. Upon denial or revocation of a permit, the Law Department shall provide notice to the permit applicant or holder and shall provide for a written appeal and hearing pursuant to the procedures in Section 4-16 of this Code. (f) Any one desiring to raise urban chickens within the city limits must comply with the animal care regulations set forth in this Chapter 5, and the requirements applicable to chickens incorporated into Chapter 21 of this Code. (g) The Department of Code Enforcement shall be responsible for the enforcement of this section. The Department of Code Enforcement shall also comply with the duties set forth in Section 5-49(d) of this Code in carrying out the duties set forth in this Section which require the filing of a summary list of all warning notices and citations issued by the last Friday of each month with the Law Department the Chairperson of the Health and Public Safety Committee, the Chairperson of the Residential Neighborhoods Committee, the Office of the City Clerk, and the Animal Control Commission. Section III. Section 5-49(c)(2) of Chapter 5, Article 9 of the South Bend Municipal Code is amended to read as follows: (2) Any person who violates any of the following sections: §5-16 Urban Chicken Regulations, §5-20 Performing animal exhibitions, §5-28(c) Specific regulation—breeding, shall be subject to a fine of seventy-five dollars ($75.00) per violation, payable to the Ordinance Violations Bureau.