The URL can be used to link to this page

Home My WebLink About3061 Keeping Chickens Repealing Fence Provisions ORDINANCE NO.J� AN ORDINANCE ESTABLISHING PROVISIONS FOR THE KEEPING OF CHICKENS WITHIN RESIDENTIAL DISTRICTS, AND REPEALING FENCE PROVISIONS WITHIN THE HEALTH AND SANITATION CHAPTER 9.08 OF THE ASHLAND MUNICIPAL CODE Annotated to show deletions and additions to the code sections being modified. Deletions are bold lined through and additions are in bold underline. WHEREAS, Article 2. Section 1 of the Ashland City Charter provides: Powers of the City The City shall have all powers which the constitutions, statutes, and common law of the United States and of this State expressly or impliedly grant or allow municipalities, as fully as though this Charter specifically enumerated each of those powers, as well as all powers not inconsistent with the foregoing; and, in addition thereto, shall possess all powers hereinafter specifically granted. All the authority thereof shall have perpetual succession. WHEREAS, Section 9.08.040 of the Municipal Code regulates the keeping of animals within the City; WHEREAS, under the Municipal Code it is unlawful to keep poultry within 75 feet of another dwelling, which limits the opportunities for residents to keep chickens within the City; WHEREAS,the City Council of City of Ashland, Oregon, finds that the keeping of a limited number of chickens in residential districts should be authorized, and that adoption of this Ordinance promotes more sustainable food practices and reasonably furthers the health, safety, and general welfare of the citizens of the City Ashland; WHEREAS, Section 9.08.140 of the Municipal Code addresses requirements for fences which are more appropriately addressed in Chapter 18.68.010 of the Ashland Land Use Code which provides standards for fences location, construction and materials; WHEREAS, the City Council of the City of Ashland conducted a duly advertised public hearing on the amendments to the Ashland Municipal Code and Land Use Ordinances on March 6, 2012; WHEREAS, the City Council of the City of Ashland, following the close of the public hearing and record, deliberated and conducted first and second readings approving adoption of the Ordinance in accordance with Article 10 of the Ashland City Charter; and WHEREAS, the City Council of the City of Ashland has determined that in order to protect and benefit the health, safety and welfare of existing and future residents.of the City, it is necessary to amend the Ashland Municipal Code and Land Use Ordinance in the manner proposed, that an adequate factual base exists for the amendments, the amendments are consistent with the Page 1 of 4 comprehensive plan and that such amendments are fully supported by the record of this proceeding. THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS: SECTION 1. The above recitations are true and correct and are incorporated herein by this reference. SECTION 2. The purpose of these ordinance amendments is to provide standards for the keeping of domesticated chickens. It is intended to enable residents to keep a small number of female chickens (up to 5) on a non-commercial basis while creating standards and requirements that ensure that domesticated chickens do not adversely impact the neighborhood surrounding the property on which the chickens are kept. SECTION 3. AMC Chapter 9.08.040 [Health and Sanitation: Keeping ofAnimals] is hereby amended to read as follows: 9.08.040 Keeping of Animals A. Except as otherwise permitted by ordinance, no person shall keep or maintain more than three (3) dogs over the age of three (3)months on any one (1) parcel or tract of land. B. No person shall keep or maintain swine. Notwithstanding the preceding sentence or the provisions of section 18.20.020, keeping or maintaining swine commonly referred to . as Miniature Vietnamese, Chinese, or Oriental pot-bellied pigs (sus scrofa vittatus) is allowed, subject to the following: 1. Such pigs shall not exceed a maximum height of 18 inches at the shoulder or weigh more than 95 pounds. 2. No more than one such pig shall be kept at any one parcel or tract of land. 3. Such pigs shall: ' a. Be confined by fence, leash or obedience training to the property of the person keeping or maintaining them or to the property of another if such other person has given express permission; b. Be confined to a car or truck when off property where otherwise confined; or c. Be on leash not longer than six feet in length. 4. Such pigs shall be kept in accordance with the standards of minimum care for domestic animals as set forth in ORS 167.310. 5. Notwithstanding any of the above, no such pig shall be allowed in any park. C. No person shall keep or maintain poultry within seventy-five (75) feet of another dwelling, except that chickens may be kept or maintained provided each of the following requirements is continuously met: 1. No more than five (5) chickens shall be kept or maintained on properties of less than five thousand (5000) square feet in area: 2. No more than one (1) chicken for each one thousand (1,000) square feet of lot area, up to a maximum of twenty (20) chickens, shall be kept or maintained on properties greater than five thousand (5000) square feet in area, Page 2 of 5 3. No chickens shall be allowed on properties containing multi-family complexes, including duplexes; 4. In residential zones chickens shall be kept for personal use only, and not for the commercial exchange of goods or commodities with the exception of the sale of surplus eggs directly to the end consumer. 5. No roosters shall be allowed; 6. Chickens must be secured at all times and located at least seventy five feet (75') from dwellings on adjoining properties: a. During non-daylight hours a secure chicken coop shall be provided to protect chickens from predators; b. During daylight hours, chickens shall be located in a chicken run that meets the requirements of AMC 18.68.140(C)(2) or in a securely fenced backyard; 7. To protect public health, the areas in which chickens are kept must be maintained in compliance with AMC 9.08.060 and the following requirements: a. Chicken feed must be kept in rodent- and raccoon-proof containers; b. Chicken manure must be collected, stored, and removed from the property on a regular basis in accordance with the following requirements: i. All stored manure shall be within a non-combustible, air-tight, container and located in accordance with the Oregon Fire Code relating to the outdoor storage of combustibles; ii. No more than one 20-gallon container of manure shall be stored on any one property housing chickens; and iii. All manure not used for composting or fertilizing shall be removed; 8. Chicken coops and runs shall be built in compliance with AMC 18.68.140(C)(2) and with all applicable building and zoning codes; 9. The requirements of AMC 18.20.020(D) regarding of the keeping of livestock shall not apply to the keeping of chickens or the buildings and structures that house chickens. 10. Noise resulting from the keeping or maintaining of chickens must not exceed the limitations set forth in AMC 9.08.170. D. No person shall keep or maintain rabbits within one hundred (100) feet of another dwelling or within seventy-five (75) feet of a•street or sidewalk. E. No person shall keep or maintain a bee hive, bees, apiary, comb, or container of any kind or character wherein bees are hived, within one hundred fifty (150) feet of another dwelling or within one hundred fifty (150) feet of a street or sidewalk. F. No person shall keep or maintain a stable within one hundred (100) feet of another dwelling. G. Where the conditions imposed by subsections (B)to (F) of this section differ from those imposed by another ordinance, the provision which is more restrictive shall control. Page 3 of 5 . t• H. The applicable minimum care requirements of ORS 167.310 shall apply to all animals identified in this section. I. Keeping of animals is.a Class III violation. SECTION 4. AMC Chapter 09.08.140 [Fences] is hereby repealed as follows: ♦A4C n no 140 Fenee., A No owner ,.1-..... e of.•....pert.. shall .. nst-..-..t o fflaintftifl .- 1-..-.bed Wire thereon,fenee permit ) or- publie way, exeept sueh wire may be p1seed above the top of other feneing not less than six (6) feet, six (6) inehes high. B. No owner or- per-son in ehar-ge of property shall eonstruet, maintflin, or- operate an eleetrie fenee along a sidewallk or- publie way or- along the adjoining propet4y line o 6—reeees-is�azr'I.^.�s�-I °'�Iat;o:� SECTION 5. Severability. The sections, subsections, paragraphs and clauses of this ordinance are severable. The invalidity of one section, subsection, paragraph, or clause shall not affect the validity of the remaining sections, subsections, paragraphs and clauses. SECTION 6. Codification. Provisions of this Ordinance shall be incorporated in the City Code and the word "ordinance" may be changed to "code", "article", "section", or another word, and the sections of this Ordinance may be renumbered, or re-lettered, provided however that any Whereas clauses and boilerplate provisions, and text descriptions of amendments(i.e. Sections 1- 2, 5-6) need not be codified and the City Recorder is authorized to correct any cross-references and any typographical errors. The foregoing ordinance was first read by title only in accordance with Article X, Section 2(C) of the City Charter on the_ day of 2012, and rhily PASSED and ADOPTED this day of_A�0;ry,j' 2012. e r arbara M. Christensen, City Recorder SIGNED and APPROVED this day of 2012. m John Stromberg, Mayor / Reviewed as to form.: n Y_r f � W I(AgU�(J' F/b Davi Lohman, City Attorney �r -"ate Page 4 of 5