The URL can be used to link to this page

Home My WebLink AboutAmending Chapter 5 Addressing Urban Chickens ORDINANCE No . 10213-13 Passed by the Common Council of the City of South Bend,Indiana January 14, 3 Attest: e---- City Clerk JOIN V*•RDE jt Attest: .3L President of Common Council Presented by me to the Mayor of the City of South Bend, Indiana January 15, 203 �,►s - . -.A° City Clerk JO k VO t RDE Approved and signed by me S 4 N w9 ? J s 20 i //1i, Mayer Ordinance No. b 3--(3 Bill No. 64-12 AS AMENDED AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING VARIOUS SECTIONS OF CHAPTER 5,ARTICLE 3 ADDRESSING ANIMAL CARE REGULATIONS BY THE INCLUSION OF REGULATIONS ADDRESSING URBAN CHICKENS AND SECTION 5-49 OF ARTICLE 9 ADDRESSING PENALTIES; VIOLATIONS OF THE SOUTH BEND MUNICIPAL CODE STATEMENT OF PURPOSE AND INTENT The ordinance would amend the Chapter 5 of the South Bend Municipal Code by the inclusion of public safety regulations related to urban chickens. Currently the Code bans chickens within the city limits of South Bend unless a resident owns a minimum of five (5) acres. This ordinance would be a companion ordinance to Substitute Bill No. 74-11 which was was heard by the Area Plan Commission on October 16, 2012 and received a favorably advisory recommendation on proposed amendments to Chapter 21 of the South Bend Municipal Code addressing zoning regulations. "Urban Agriculture"activities have received growing attention in light of growing concerns about sustainability and improving the urban environment. Many ordinances have been studied on this topic so that reasonable policies could be developed in South Bend. Urban chickens are currently permitted Bloomington, Evansville and Indianapolis. Current regulations have been reviewed and examined so that there are consistent policies in place for the residents of the City of South Bend, Indiana. , tIte mxe, 6e it di ithecL6 t!e c&t4ndnim, c of e/?the c&i ,o9f 0aat/z anmd, atiarta, aiiJa/latu6: Section I. Section 5-15 of Chapter 5, Article 3of the South Bend Municipal Code is amended to read as follows: Sec. 5-15 Acreage Requirements for Certain Domestic Animals and Fowl. (a) Any person desiring to raise any of the following-named domestic animals or fowl must have a minimum of five(5) acres in land: (1) Cow, ox, cattle, calves, or other livestock. (2) Donkey, ass, burro, mule. (3) Pig, swine,hog,pot-bellied pig. (4) Sheep. (5) Goat. (6) Chickens, r Roosters, geese, turkeys, ducks, or other fowl, not including Urban Chickens. (7) Bees. (8) Bison. (9) Llamas. (10) Horses. Urban Chicken Text Ordinance to Amend Chapter 5 of the South Bend Municipal Code Page 2 The maximum number of such animals which may be maintained on such property shall be determined in light of current animal husbandry and veterinarian standards. (b) Any person desiring to raise rabbits as pets or racing or homing pigeons within the City limits must keep such animals and birds in safe and sanitary conditions so that a public nuisance as defined herein is not created. (c) In no event shall the shelter and feeding area for any of the animals or fowl herein be closer than fifty(50) feet from the adjoining property line. (d) Bees must be kept in accordance with the following provisions: (1) If bee colonies are kept within fifty (50) feet of any exterior boundary of the property on which the hive, stand or box is located, a barrier shall be erected that will prevent bees from flying through it. (2) Fresh, clean watering facilities for bees shall be provided on the said premises. (3) The bees and equipment shall be kept in accordance with the provisions of State statutes. Nothing in this section shall be deemed or construed to prohibit the keeping of bees in a hive, stand or box located or kept within a zoological park, school or university building for the purpose of study or observation. Section II. Section 5-16 of Chapter 5, Article 3of the South Bend Municipal Code is amended to read as follows: Sec. 5-16 Reserved. Urban Chicken Regulations. (a) "Urban Chicken" means a chicken living in the city limits officially known as gallus domesticus, which is a domestic bird. It does not include other fowl, such as, but not limited to roosters, peacocks, turkeys or waterfowl. Urban chickens are governed by the zoning regulations set forth in Section 21-02.11 of this Code addressing Residential District zoning regulations. (b) "Chicken coop" also referred to as chicken pen means an enclosure or enclosed structure used for housing urban chickens which provides shelter from the elements which must meet the standards set forth in Section 21-02.11 of this Code. (c) "Chicken flock"means more that one (1)urban chicken which: (1) Contains no more than six(6)hens and no roosters; and (2) Is issued a permit pursuant to Section 21-02.11 of this Code. 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. Urban Chicken Text Ordinance to Amend Chapter 5 of the South Bend Municipal Code Page 4 Section IV. Severability: If any part, section, subsection, paragraph, sentence, clause or phrase of this ordinance is for any reason declared to be unconstitutional or otherwise invalid by a court having proper jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. Section V. This ordinance shall be effective January 1, 2013, and be in full force and effect from and after its passage by the Common Council and approval by the r. Council Member South Bend Common Council Couri-art�, South Bend Common Council John oord- City Clerk WXP.QP/Y,te€G me to-de `9i yx yt/e (3,> (ouch amd, JQiainaa, en/de 11^4 day of r.utine- ,2012, at [ 1 �Or o'clock9 . m. Deputy ity Clerk 3 xac omd ned*me ow,ae •s day of T4 4144� , 201 ', at s o'clock E. m. Peter Bu • ieg �•�/ Mayor of the City of South Bend, Indiana Filed in eYi ° Office READING I -Zt�-� . _ s_ , JAN 14 Z013 PUBLIC HEARING ( — N—(3 4s` C - I 3rd READING �,-1`�--1 3 et!",�(✓n,4m-A441 NOT APPROVED CITY CLERK, BEND,IN REFERRED PASSED ° I--( 3 &S F4' TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND: Your Committee of the Whole, to whom was referred: BILL NO. 64-12 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING VARIOUS SECTIONS OF CHAPTER 5, ARTICLE 3 ADDRESSING ANIMAL CARE REGULATIONS BY THE INCLUSION OF REGULATIONS ADDRESSING URBAN CHICKENS AND SECTION 5-49 OF ARTICLE 9 ADDRESSING PENALTIES; VIOLATIONS OF THE SOUTH BEND MUNICIPAL CODE Respectfully report that they have examined the matter and that in their opinion, this bill is being recommended to the full Council with a favorable recommendation. This bill was heard by the Health & Public Safety Committee. Karen L. White Chairperson, Committee of the Whole