New Franklin Ordinance 816: Fowl (chickens, ducks and other poultry) in city limits

Bill No. 6.10.24

Ord. No. 816 AN ORDINANCE AMENDING THE NEW FRANKLIN CITY CODE TO CREATE REGULATIONS ON THE HOUSING OF FOWL WITHIN CITY LIMITS.

WHEREAS, the Board of Alderman desire to regulate the housing of fowl within city limits to protect the health, safety, and welfare of the City's resident; and

WHEREAS, the Board of Alderman desire to regulate the housing of fowl within city limits to protect the aesthetic quality of neighborhoods and thereby preserve property values.

WHEREAS, the Board of Alderman believe that fowl coops on residential property should not be plainly visible from public streets such that all coops should either be located entirely behind residential structures in backyards or, if located elsewhere on the property, the coops should be surrounded by taller privacy fences to obscure views of the coops.

WHEREAS, the Board of Alderman believe that a thirty (30) day enactment period and a variance procedure will allow any current fowl coop owners to come into compliance with this ordinance before enforcement begins.

BE IT ORDAINED by the Board of Alderman of the City of New Franklin, Missouri as follows:

SECTION ONE. SECTION 405.300: FOWL REGULATIONS

1. The possession of fowl within city limits on residential property is hereby limited to a maximum number of thirty (30) individual fowl, of any age, on any one property or lot at a time. For purposes of this Ordinance, "fowl" is defined as domestic chickens, ducks, geese, quail, guinea fowl and turkeys.

2. Property owners possessing fowl must provide sufficient food, water, and space for the birds.

3. All fowl must be female, as possession of a male bird is prohibited within city limits.

4. Property owners must control offensive odors and excessive noise associated with their fowl.

5. All fowl must be housed inside of a coop or other appropriate shelter that can maintain a secure and safe environment for the birds. So called "free range" fowl are not permitted.

6. All fowl coops shall be located on residential property in accordance with the following regulations and demonstrative diagram:

a. Unless otherwise exempted by the provisions of this section, all fowl coops shall be located on ground behind the residential structure in an area commonly referred to as the "backyard" such that the coop is not readily visible from the street when looking at the front of the residential structure from the street while square to the front of the house.

b. Coops must be entirely behind the residential structure, such that no part of the coop is located beyond the imaginary line extending perpendicular from the front yard street to the back yard at the longitudinal border of the residential structure's footprint. Stated differently, no part of the coop may extend out past the residential structure as viewed from street while square to the front of the house.

C. For residential property with streets on more than one side of the property, commonly referred to as "corner lots," the area of the property between the street and the residential buildings primary, front door shall be been the "front yard,: such that a fowl coop must be located on ground on the opposite side of the house with a front door in the area commonly referred to as the "backyard." Coops shall not be placed in side yards, even in "corner lots." Coops that would otherwise violate these provisions may nevertheless be placed in unauthorized locations upon the granting of a variance by the City, however, such variance with require that the coop be no more than five (5) feet tall and be surrounded by a six (6) foot tall privacy fence.

e. There provisions are reflected in the following diagram and key to locations:

C D Backyard Side Yard Residential Structure Side Yard 1 Front Door A Front Yard Public Street Key to Locations A: A coop cannot be placed here in the front yard unless a variance is granted, and a privacy fence erected because it is not behind the residential structural.

B: A coop cannot be placed here in the side yard unless a variance is granted, and a privacy fence erected because it is not behind the residential structural.

C: A coop can be placed here without the need for a variance because it is entirely behind the residential structure.

D: A coop cannot be placed partially in the backyard and partially in the side yard unless a variance is granted, and a privacy fence erected because the coop is not entirely behind the residential structure.

SECTION TWO.

1. Violations of this section may subject the offending property owner to citation or lawsuit for maintaining a public nuisance.

2. Repeated violators of this ordinance are subject to a complete ban on possessing fowl on their property. The Board of Alderman is authorized to institute such a ban upon a public hearing at which the subject property owner is entitled to speak.

SECTION THREE. Repeal of Conflicting Ordinances.

The provisions of any ordinance or code section in conflict with any provision of this ordinance are hereby repealed to the extent of such conflict.

SECTION FOUR. Effective Date.

This ordinance shall be in full force and effect from and after the date of its passage and approval. Existing coops that are in violation shall have ninety (90) days to remedy the violation under penalty of nuisance citation or lawsuit.

SECTION FIVE.

Severability.

The provisions of this ordinance are severable and if any provision hereof is declared invalid, unconstitutional, or unenforceable, such determination shall not affect the validity of the remainder of this ordinance.

Read twice and approved by Roll Call Vote.

Dated this day of _June_ 2024_

Attest:

melissa Crowley City Clerk