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File #: 101416    Version:
Type: Ordinance Status: Passed
File created: 3/1/2011 In control: PUBLIC SAFETY COMMITTEE
On agenda: Final action: 5/24/2011
Effective date: 7/28/2011    
Title: A substitute ordinance relating to the keeping of chickens in the city.
Sponsors: ALD. KOVAC, James N. Witkowiak, ALD. ZIELINSKI, ALD. COGGS, ALD. BAUMAN
Indexes: ANIMALS
Attachments: 1. Support Letter from DCD, 2. PROP SUB A - Kovac.pdf, 3. Health Department Letter.pdf, 4. Hearing Notice List, 5. LRB126031-6 Chickens Substitute 2 - Kovac.pdf, 6. Notice Published on 6-13-11
Date Ver.Action ByActionResultTallyAction DetailsMeeting DetailsVideo
6/13/20112 CITY CLERK PUBLISHED   Action details Meeting details Not available
6/3/20112 MAYOR SIGNED   Action details Meeting details Not available
5/24/20112 COMMON COUNCIL TAKEN FROM COMMITTEE

Minutes note: The question was put: Have the requirements of section 4-21 of the Milwaukee City Charter been satisfied with respect to this motion. The Clerk indicated that they had been satisfied.
Pass10:3 Action details Meeting details Not available
5/24/20112 COMMON COUNCIL AMENDED

Minutes note: Identified as amendment #2.
Pass10:3 Action details Meeting details Not available
5/24/20112 COMMON COUNCIL PASSEDPass8:5 Action details Meeting details Not available
5/12/20111 PUBLIC SAFETY COMMITTEE SUBSTITUTED

Minutes note: Individuals present: Ald. Kovac Tom Mishefske - DNS, Adm. Mary Turk - LRB Angie Hagy - Health Dept Kevin Hulbert - Health Dept Ald. Kovac presented proposed Sub B and also a sumary of the substitute ordinance relating to the keeping of chickens in the city. Ald. Puente accepted Sub B for discussion at committee. There were no objections. Ald. Davis said that the ordinance needs to specify which commissioner, health dept or dept of neighborhood services. The language needs to be more specific. Ald. Davis will support this ordinance after he made some contacts with neighborhoods blockwatch captains of his district. Individuals present in favor of this ordinance: Dr. Teresa Antkenin Ms. Jodi Ms. Melissa Godeen Ms. Erin Stokel Mr. Jason Hass 3422 S Pensylvania Ave Ms. Jessica Lane Mr. Dave Roselin Ms. Jaime , Science teacher
Pass4:0 Action details Meeting details Not available
5/12/20111 PUBLIC SAFETY COMMITTEE HELD TO CALL OF THE CHAIRPass4:0 Action details Meeting details Not available
5/10/20111 PUBLIC SAFETY COMMITTEE HEARING NOTICES SENT   Action details Meeting details Not available
5/10/20111 CITY CLERK Sponsor added   Action details Meeting details Not available
5/6/20111 PUBLIC SAFETY COMMITTEE HEARING NOTICES SENT   Action details Meeting details Not available
5/6/20111 PUBLIC SAFETY COMMITTEE HEARING NOTICES SENT   Action details Meeting details Not available
3/1/20110 COMMON COUNCIL ASSIGNED TO   Action details Meeting details Not available
Number
101416
Version
SUBSTITUTE 3
Reference
 
Sponsor
ALD. KOVAC, WITKOWIAK, ZIELINSKI, COGGS AND BAUMAN
Title
A substitute ordinance relating to the keeping of chickens in the city.
Sections
60-7-8 cr
78-5-1  am
78-5-2-a am
78-5-4  am
78-6.5 cr
78-39 am
Analysis
This ordinance allows the keeping of up to 4 chickens on a residential premise, provided the following:
1.  The applicant shall obtain a permit.  The permit fee shall be $35 at the time of application.
2.  Prior to the issuance of a permit, the applicant shall obtain the written consent of the owner of the property where the chickens shall be kept and owners of all directly or diagonally abutting properties, including those across an alley.  This written consent shall be provided at the time of application.
3.  No person shall keep any rooster.
4.  No person shall slaughter any chickens.
5.  Chickens shall be provided with fresh water at all times and adequate amounts of feed.
6.  Chickens shall be provided with a sanitary and adequately-sized covered enclosure, or coop, and shall be kept in the covered enclosure or a sanitary and adequately-sized and accessible fenced enclosure, or yard, at all times.
7.  Chicken coops shall be constructed in a workmanlike manner, be moisture-resistant and either raised up off the ground or placed on a hard surface such as concrete, patio block or gravel.
8.  Chicken coops and yards shall be constructed and maintained to reasonably prevent the collection of standing water, and shall be cleaned of hen droppings, uneaten feed, feathers and other waste daily and as is necessary to ensure the coop and yard do not become a health, odor or other nuisance.
9.  Chicken coops and yards together shall be large enough to provide at least 16 square feet per chicken.
10.  No enclosure shall be located closer than 25 feet to any residential structure on an adjacent lot.
11.  No enclosure shall be located in the front yard of a dwelling.
12.  No person shall keep chickens that cause any nuisance, unhealthy condition, create a public health threat or otherwise interfere with the normal use of property or enjoyment of life by humans or animals.
13.  A permit is subject to revocation upon failure to comply with any provision of this ordinance.  Once a permit is revoked, a new permit shall not be reissued.
14.  Chickens shall be kept and handled in a sanitary manner to prevent the spread of communicable diseases among birds or to humans.
15.  Any person keeping chickens shall immediately report any unusual illness or death of chickens to the health department.  
16.  The commissioner may order testing, quarantine, isolation, vaccination or humane euthanasia of ill chickens or chickens believed to be a carrier of a communicable disease.
Body
 
Whereas, A number of cities allow the keeping of chickens; and
 
Whereas, Chickens can produce eggs, a source of sustainable, healthy food; and
 
Whereas, Once a chickens' living space is arranged, chickens are low maintenance and often treated as pets; and
 
Whereas, Chickens are voracious insect-eaters, their fertilizer is ideal for vegetable and flower gardens, and they do not smell if well cared for; now, therefore
 
The Mayor and Common Council of the City of Milwaukee do ordain as follows:
 
Part 1.  Section 60-7-8 of the code is created to read:
 
60-7.      Animal Licenses and Permits.
8.  A fee of $35 shall be charged at the time of application for anyone intending to keep chickens in the city.
(See s. 78-6.5.)
 
Part 2.  Section 78-5-1 of the code is amended to read:
 
78-5.  Keeping of Animals Within City.
1.  PERMITTED ANIMALS.  No animal that is not a domesticated animal may be kept or brought into the city except as provided in [[ss. 78-20 and 23]] >>this chapter<< or as otherwise authorized by the commissioner.
 
Part 3.  Section 78-5-2-a of the code is amended to read:
2.  CERTAIN ANIMALS PROHIBITED.
a.  Except as otherwise provided in this chapter, no person shall keep within the city, either temporarily or permanently, any live [[fowl,]] cows, cattle, horses, sheep, swine, goats, [[chickens]] >>roosters<< , ducks, turkeys, geese or any other domesticated livestock, >> or undomesticated fowl<<  provided, however, that [[such]] >>the<< animals or fowl may be kept at places approved by the commissioner for slaughtering, educational purposes, research purposes and for circuses or similar recreational events. Upon approval by the commissioner, horses used for livery service may be kept within the city. No rabbits or guinea pigs shall be kept within any portion of any multiple dwelling.
 
Part 4.  Section 78-5-4 of the code is amended to read:
 
4.  ANIMAL REMOVAL. The department [[or the humane society]] may confiscate and remove animals from a premises for violation of [[subs.]] >>sub.<< 1, 2 or 3 or ss. [[78-23, 25 and 31]] >>78-6, 78-6.5, 78-23, 78-25 and 78-31, or if the animals constitute a public health threat as determined by the health department<<.  The department may convey such animals [[to the humane society]] to be housed and handled appropriately.  If necessary, such animals may be disposed of in a humane manner by the department [[, humane society]] or their designee.
 
Part 5.  Section 78-6.5 of the code is created to read:
 
78-6.5.  Keeping of Chickens in the City.
1.  PERMIT REQUIRED.  No person shall keep chickens in the city without obtaining a valid permit issued by the commissioner.  The permit process requires a completed application accompanied with a fee prescribed in s. 60-7-8.  The permit application is also subject to notification and approval pursuant to sub. 2.
2.  NEIGHBORHOOD APPROVAL REQUIRED.  Before a permit is issued for the keeping of chickens, the applicant shall obtain the written consent of the owner of the property where the chickens shall be kept and owners of all directly or diagonally abutting properties, including those across an alley.  Written consent shall be provided at the time of application.
3.  KEEPING OF CHICKENS ALLOWED.  The keeping of up to 4 chickens, with a permit, is allowed on a residential premise, provided the following:
a.  No person shall keep any rooster.
b.  No person shall slaughter any chickens.
c.  Chickens shall be provided with fresh water at all times and adequate amounts of feed.
d.  Chickens shall be provided with a sanitary and adequately-sized covered enclosure, or coop, and shall be kept in the covered enclosure or a sanitary and adequately-sized and accessible fenced enclosure, or yard, at all times.
e.  Chicken coops shall be constructed in a workmanlike manner, be moisture-resistant and either raised up off the ground or placed on a hard surface such as concrete, patio block or gravel.
f.  Chicken coops and yards shall be constructed and maintained to reasonably prevent the collection of standing water, and shall be cleaned of hen droppings, uneaten feed, feathers and other waste daily and as is necessary to ensure that the coop and yard do not become a health, odor or other nuisance.
g.  Chicken coops and yards together shall be large enough to provide at least 16 square feet per chicken.
h.  No enclosure shall be located closer than 25 feet to any residential structure on an adjacent lot.
i.  No enclosure shall be located in the front yard of a dwelling.
j.  In addition to compliance with the requirements of this section, no one shall keep chickens that cause any nuisance, unhealthy condition, create a public health threat or otherwise interfere with the normal use of property or enjoyment of life by humans or animals.
4.  PUBLIC HEALTH REQUIREMENTS.  a.  Chickens shall be kept and handled in a sanitary manner to prevent the spread of communicable diseases among birds or to humans.
b.  Any person keeping chickens shall immediately report any unusual illness or death of chickens to the health department.  
c.  The commissioner may order testing, quarantine, isolation, vaccination or humane euthanasia of ill chickens or chickens believed to be a carrier of a communicable disease.
5.  PERMIT REVOCATION.  A permit is subject to revocation upon failure to comply with any provisions of sub. 3 or 4.  Once a permit is revoked, a permit shall not be reissued.
 
Part 6.  Section 78-39 of the code is amended to read:
 
78-39. Selling Baby Fowls.  No person may display, give away or sell baby chicks or ducklings or any other young of domestic or nondomestic fowl as pets or novelties >>provided, however, that this prohibition does not apply to baby chicks kept pursuant to s. 78-6.5<<.  
 
Part 7.  This ordinance takes effect in 45 days.
 
Part 8.  Within 6 months of the effective date of this ordinance, January 28, 2012, the commissioner of neighborhood services shall evaluate the results and effectiveness of the ordinance and report to the common council these results and potential improvements to be made.  The authorization of this ordinance shall expire 1 year from the effective date of the ordinance, July 28, 2012, unless reauthorized by the common council.
 
LRB
APPROVED AS TO FORM
 
 
_________________________
Legislative Reference Bureau
Date:_____________________
Attorney
IT IS OUR OPINION THAT THE ORDINANCE
IS LEGAL AND ENFORCEABLE
 
 
________________________
Office of the City Attorney
Date:____________________
Requestor
 
Drafter
MET
5/24/11
LRB126031-7