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Domestic Fowl Ordinance

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Domestic Fowl Ordinance

The City of Clawson continues work on a Domestic Fowl ordinance.  Please find below the draft ordinance recently discussed by City Council.  Anyone with input is asked to contact info@cityofclawson.com.

   CITY OF CLAWSON
   COUNTY OF OAKLAND
   ORDINANCE NO. _______

 

AN ORDINANCE TO AMEND AND REPLACE SECTION 14-3 OF CHAPTER 14 OF THE CLAWSON CODE OF ORDINANCES TO BE ENTITLED DOMESTIC FOWL; REGULATING THE RAISING OF DOMESTIC FOWL AS DEFINED HEREIN; PROVIDING FOR THE LICENSING OF SUCH DOMESTIC FOWL, MAINTENANCE REQUIREMENTS AND THE RESPONSIBILITY OF OWNERS REGARDING DOMESTIC FOWL; PROVIDING FOR CERTAIN LICENSING PROCEDURES AND THE FEES THEREFORE; DEFINING CIRCUMSTANCES IN WHICH ENFORCEMENT ACTION MAY BE TAKEN BY THE CITY WITH THE IMPOSITION OF FINES; REQUIRING CERTAIN INSPECTION AUTHORITY AND RIGHTS OF THE APPROPRIATE OFFICIALS TO ENSURE COMPLIANCE WITH THE PROVISIONS HEREIN.

NOW THEREFORE the City of Clawson ordains the following amendment to the Clawson Code of Ordinances; and the repeal and replacement of existing section 14-3; to now be entitled Domestic Fowl with the following subsections:

SECTION 14-3 Domestic Fowl

  1. 1.    Definitions:

As used in this section, the terms defined herein shall have those defined meanings unless the context requires otherwise; words in the present tense include the future; the singular includes the plural; “shall” means mandatory, not directory.

  1. “Animal Control Officer” means an employee or contract provider employed by or appointed or commissioned by The City; authorized to enforce the provisions of this Ordinance.
  2.  “Animal enclosure” shall means an outdoor, four-sided enclosure for the keeping of domestic fowl as specified by the customary regulations pertaining to such domestic fowl in outdoor enclosures and/or consistent to guidelines available under the Right to Farm Act applicable to domestic fowl as approved by the building enforcement official as his/her designee. 
  3. “Domestic Fowl” means chicken hens, ducks, geese, turkeys, quail, pigeons, doves, and other birds chiefly owned for the use of their eggs, flesh and/or pleasure or as a pet.
  4. “GAAMPS” referred to “Generally Accepted Agricultural Management Practices” for farms and farm operations which apply to the harboring of domestic fowl.  To the extent applicable those standards or practices shall be applicable under this ordinance.
  5. “Owner” means any person or legal entity having a possessory property right in a domestic fowl; or, who harbors, cares for, exercises control over, or knowingly permits any domestic fowl to remain on the premises occupied by them.

2.  PURPOSE

It is hereby declared by the City of Clawson, the public policy is to encourage, secure, and enforce those control measures deemed desirable and necessary for the protection, safety and welfare of domestic fowl and; to the greatest degree practicable to prevent injury to or cruelty to such domestic fowl.  Complimentary to this purpose, is to further to protect the residential character of surrounding residential properties by limiting the unregulated movement of domestic fowl; appropriately locating their necessary enclosures; to provide the means of licensing domestic fowl owners; and to further curtail any cruelty to such domestic fowl while encouraging responsible pet ownership.

It is the further purpose of this Ordinance to promote the health, safety and welfare of the general public and not to create, or otherwise establish or designate, any particular class or group of persons who will or should be especially protected or benefit by the terms of this ordinance.  It is the intention to impose the obligation of compliance with the requirements upon the owner or possessors of domestic fowl and not upon the City of Clawson. 

Nothing in this Ordinance is intended to impose liability on behalf of the City or its employees in the enforcement of any provision herein; therefore, any complaints against a domestic fowl owner asserting the existence of a nuisance by maintaining domestic fowl under this ordinance, shall not be within the powers of the City to enforce; but rather, is an individual matter and responsibility of the person or persons complaining about the existence of a nuisance in an appropriate judicial forum. 

3.  GENERAL

  1. Domestic fowls as set forth herein shall be restricted to residential property; meaning single family residences and not allowed in multi-family residential structures or any other area of the City.
  2. Private restrictions on the use of property shall remain in effect.  These private restrictions include but are not limited to deed restrictions, neighborhood association bylaws, covenant deeds, or terms of lease agreements. 
  3. All exterior structures will be maintained in a manner to prevent rats, mice, or other vermin form being harbored underneath or within the walls of the structure designed for the domestic fowl, the goal being to deter the infusion of rodents.
  4. Domestic fowl shall not be allowed to roam beyond the property boundaries of the licensed owner.
  5. The cessation of any ownership of domestic fowl under the license shall require the licensee to remove any and all accessory structures used for housing the domestic fowl within 30-days of the termination of the license or use under the license.
  6. By issuing the license, the owner confers consent to the City to exercise Its authority under demonstrated circumstances to enter the rear yard of the property to ascertain or verify, requirements under the license are being followed.  If the property owner is not available at the time of that entry, they shall be reasonably notified within a short period of time of that entry with a disclosure of the purpose of that entry. 


4.  NUMBER OF DOMESTIC FOWL ALLOWED IN HOUSEHOLD

The number of fowls limited in the initial application shall be no greater than ______.  If additional fowl are required beyond the original application, a reapplication must be applied for under the ordinance.

5.  PERMIT FEES OF DOMESTIC FEES

For each application there shall be a fee charged by the City of $_____.  Any additional application or amendment of any permit shall be $_______.

6.  ANIMAL ENCLOSURES

  1. The owner of any domestic fowl shall demonstrate at the time of licensing, the appropriateness of enclosures of those domestic fowl outside the premises as being appropriate for the welfare of that fowl and to ensure the safety in the outdoor area. 
  2. The owner shall also demonstrate to the satisfaction of the compliance official that enclosures will continue to be cleaned and well maintained to avoid any unsightly or unhealthy condition either within the enclosure or causing an intrusion to the abutting property owners. 
  3. Any outdoor enclosure shall have a set-back of 5-feet of any side-yard property line and rear-yard line.
  4. Only one enclosure shall be allowed in any backyard and no enclosures shall be allowed in the front yard of the residence.
  5. The exterior enclosure must be rodent free and approved by the licensing official.  Any detritus accumulated in the outdoor area must be contained in a metal container.   

 

7.  DOMESTIC FOWL REGULATIONS

  1. Roosters, peacocks and guinea fowl shall be prohibited outright and shall be subject to confiscation by the enforcement officer with the imposition of the appropriate civil penalties. 
  2. On any residential parcel, the maximum number of domestic fowls shall not exceed _____.  However, upon the adoption of this ordinance should there exist an excess number of fowls, other than set forth herein, the owner shall have the right to continue to maintain and house such fowl until their demise in which event they shall not be replaced.
  3. Domestic fowl are to be kept for personal use only and chickens, eggs or manure shall not be sold nor shall such domestic fowl be bred for commercial purposes. 


8.  PERMISSION TO ENTER PRIVATE PROPERTY

The person(s) authorized by the provisions of the domestic fowl ordinance to asses compliance of the licensee, are allowed the right to enter the exterior portion of the property with or without a warrant in the event an apparent violation exists of the provisions of this ordinance; or for the purpose solely to gather evidence and information to support the enforcement of a civil infraction; or, to take immediate action to ensure the safety and welfare of the domestic fowl.

9.  NOTICE OF ABATEMENT

Upon being informed of any violation of this Domestic Fowl Ordinance notice of such violation shall be served on the owner or occupant of the subject premises requiring the problem to be abated within a period of not less than 5-days.  Failure to comply with a notice of abatement may result in a separate civil infraction for each day of noncompliance.

10.  PENALTIES

  1. Any violation of this ordinance not otherwise designated as a misdemeanor, will constitute a civil infraction with a fine as outlined in the current Civil Infraction Fee Schedule. 
  2. If notification of a violation exceeding 2 in number within a consecutive 12-month timeframe shall, at the discretion of the code enforcement officer, result in a civil infraction.  
  3. Any violation of this Section can result in the issuance of a misdemeanor punishable with up to 90 days imprisonment and/or a maximum fine of $1000; provided the code enforcement officer specifically identifies the factual basis for the issuance of the misdemeanor citation.

11.  SEVERABILITY

Should any Section, subsection, paragraph, sentence, clause or phrase of this ordinance or its application to any person or situation be declared unconstitutional, or invalid for any reason, such decision standing alone, shall not affect the validity of the remaining portions of this chapter or its continued application to any other person or situation. 

12.  SAVINGS

Nothing contained in this chapter shall be construed as abating any action now pending under or by virtue of any ordinance of the City herein superseded; or as discontinuing, abating, modifying or altering any penalty accrued or to accrue; or as affecting the liability of any person, firm or corporation; or as waiving any right of the City under any ordinance or provision thereof in force at the time of passage of the ordinance codified in this chapter.

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