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Pursuant to Section 7-130 of the Dacono Municipal Code, “backyard chicken hens may be kept on single-family residential properties, subject to permitting and to compliance with the regulations set forth in Chapter 7-131 of this code, and other applicable City requirements.”
Many homeowner association bylaws do not allow chickens or poultry of any kind. Applicants should check their HOA bylaws to confirm that chicken hens are permitted before filling out a City application.
Sec. 7-130. Keeping of chicken hens; limitations and requirements.
It shall be unlawful for any person to possess, harbor, keep, maintain, or permit backyard chicken hens in any area unless the following conditions and requirements are met:
(a) Backyard chicken hens, chicken coops, and chicken hen runs are permitted as an accessory use only in conjunction with an established single-family residence.
(b) No more than four (4) backyard chicken hens are permitted per lot.
(c) Only chicken hens (female chickens) are allowed. Roosters (male chickens) are prohibited.
(d) All structures devoted to the keeping of chicken hens shall be located between the rear-most portion of the residence and the rear lot line of the parcel in question. No chicken hens shall be permitted within any other portion of the lot or parcel.
(e) No chicken hen coops and enclosures shall exceed six feet or greater in height. Electrical and heat sources shall comply with the City's building code.
(f) The chicken hen facilities shall include a coop and run that are fully enclosed, properly ventilated, designed to be easily accessed, cleaned, maintained, and at least 2 square feet per chicken in size. The chicken hen facilities shall be adequately designed and constructed to prevent the escape of chicken hens and entry by predators.
(g) The chicken hens must be sheltered or confined in such a fashion as to prevent them from coming into contact with wild ducks or geese or their excrement.
(h) Chicken hen feed shall be stored in a resealable, airtight, metal, and pest-proof container to discourage attracting mice, rats, and other vermin. Spillage and leftover feed must be removed daily.
(i) Chicken hen coops and chicken hen runs shall be maintained and shall be regularly cleaned to control dust, odor, and waste and not constitute a nuisance, safety hazard, or health problem to surrounding properties. All waste materials shall be properly disposed of and not allowed to accumulate on the property.
(j) The chicken hens shall be killed by or at the direction of the owner or keeper if so ordered pursuant to the lawful order of state or county health officials or for the purpose of euthanasia when surrendered to a licensed veterinarian for such purpose, or as otherwise expressly permitted by law.
(k) If the parcel upon which the keeping of chicken hens is proposed falls within the jurisdiction of a homeowners' association or similar covenant-based property owners' association, the requirements of this Article shall be considered minimum requirements. Any such association shall have the right to lawfully adopt more stringent chicken-keeping standards, including the outright prohibition of chicken-keeping, for any parcel within the regulatory authority of such association.
Sec 7-131. Permit required
(a) Any person keeping chicken hens pursuant to this Article must first have been issued a permit by the City, the application for which shall be made available by the City Clerk and shall expressly incorporate an acknowledgment of the provisions and requirements of Section 7-130 of this Code.
(b) A $25 permit fee is required for backyard chicken hens.
(c) Chicken hen permits issued shall be valid from the date of issuance until the current license holder sells or moves from the property for which the license was issued unless the license is earlier terminated pursuant to these regulations. Licenses issued shall only be valid for the applicant listed on the application.
(d) A new license and application fee shall be required if an applicant or licensee moves to a new address or transfers the chicken hens to a person not already possessing the appropriate license.
Sec. 7-132. Declaration of nuisance and unlawful acts; duty to maintain chicken hen habitat.
(a) The unsanitary or unsafe keeping of chicken hens within the City is hereby declared unlawful and a public nuisance. It shall be the duty of every owner or keeper of chicken hens to maintain the chicken hen habitat in a secure, neat, tidy, methodical, systematic, clean, and orderly condition, permitting no accumulation of odor, dust, droppings, feed, organic material, pests or loitering of predators.
(b) Any animal that attacks, injures, or kills a backyard chicken hen not on the permitted property shall not be deemed a "vicious animal," and the owner of such animal shall not be charged with violating any provision of Section 7-85.
Sec 7-133. City disposal of chicken hens found at large.
The City shall have the authority to seize, impound and dispose of any chicken hens found at large within the City's corporate limits. Such seizure, impoundment and disposal shall not require notice to any owner or keeper, nor any attempt to locate the owner thereof.
Any person charged with a violation of this ordinance, upon conviction thereof, shall be subject to the General Penalty in Section 1-70 of the Dacono Municipal Code, which currently provides for incarceration for a period not to exceed three hundred sixty-four (364) days, a fine not to exceed one thousand dollars ($1,000.00), or both such fine and imprisonment. As provided in Section 1-70(b), each and every day during any portion of which any violation is committed, continued or permitted shall be a separate violation, and the violator shall be punished accordingly.
I hereby certify that the information and exhibits herewith submitted are true and correct to the best of my knowledge. In submitting the application materials and signing this application, I acknowledge and agree that the application is subject to all the terms and conditions for a Backyard Chicken Hen Permit found in Chapter 7-131 of the City of Dacono Municipal Code. I understand that any false statements or omissions may result in the denial or revocation of this permit. I further acknowledge that I have read the applicable regulations attached to this permit and those set forth in Chapter 7-131 of the Dacono Municipal Code and agree to fully comply with such regulations and any terms and conditions imposed by the decision-making body as they relate to the Backyard Chicken Hen Permit and further acknowledge that my failure to do so may result in punishment as described in Section 7-133 of the Dacono Municipal Code.
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