ORDINANCE NO. 911 AN ORDINANCE OF THE CITY OF MILFORD, NEBRASKA TO ALLOW POULTRY TO BE KEPT WITHIN THE CITY LIMITS; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; AND PRESCRIBING REGULATIONS FOR THE KEEPING OF POULTRY. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF MILFORD, NEBRASKA: Section 1. Poultry shall be defined as domestic fowl, chickens and ducks but specifically exclude turkeys, peacocks, geese and guinea fowl. Section 2. Poultry may be kept within the zoning jurisdiction of the City of Milford subject to the conditions set forth herein. Section 3. Any person who keeps poultry in the City of Milford or its zoning jurisdiction shall obtain a permit from the City prior to acquiring the poultry. Application shall be made to the City Clerk. Permits shall cost $50.00 per household. Section 4. Permits expire and become invalid five (5) years after the date of issuance. A person who wishes to continue keeping poultry shall have obtained a new permit on or before the expiration date of the previous permit. Application for a new permit shall be pursuant to the procedures and requirements that are applicable at the time the person applies for a new permit to include a plot plan showing the building in which the coop may be located. Section 5. A person who keeps or houses poultry on his or her property shall comply with all of the following requirements: A. No more than six (6) hens/ducks may be kept on any one lot. Any poultry under the age of thirty days are excluded from this number. B. The principal use of the property shall be a single-family dwelling. C. No person shall keep any rooster. D. No person shall slaughter any hens/ducks within the City limits. E. The poultry shall be provided with a covered enclosure. Such covered enclosure (or coop) shall contain at least four square feet of floor area per hen, and the fenced enclosure shall provide at least ten square feet of open area per hen. No covered enclosure shall exceed 120 square feet of floor area or exceed 12 feet in height. F. A person shall not keep hens in any location on the property other than in the rear yard. For purposes of this section, "rear yard" means that portion of a lot enclosed by the property's rear lot line and the side lot lines to the points where the side lot lines intersect with an imaginary line established by the rear of the dwelling and extending to the side lot lines. G. No covered enclosure or fenced enclosure shall be located closer than 10 feet to any property line of an adjacent property. H. All enclosures for the keeping of hens shall be so constructed or repaired as to prevent rats, mice, or other rodents from being harbored underneath, within, or within the walls of the enclosure. A covered enclosure or fenced enclosure shall not be located closer than 40 feet to any residential structure on another person’s property. I. All feed and other items associated with the keeping of hens that are likely to attract or to become infested with or infected by rats, mice, or other rodents shall be protected so as to prevent rats, mice, or other rodents from gaining access to or coming into contact with them. J. All poultry and other items associated with the keeping of poultry must be kept in a clean and sanitary condition so as not to give off offensive odors which are a source of discomfort to persons residing in the vicinity thereof. K. The owner of any poultry shall not allow offal, manure, or waste material of such animal to accumulate or remain in the coop, enclosures, and shelter areas in which such animal or poultry resides or is confined in any manner which is conducive to the breeding or attraction of flies, mosquitoes, or other noxious insects or in any manner which endangers the public health or safety or which creates an unhealthy environment. L. The owner of any poultry shall, in a sanitary manner, remove or dispose of all offal, manure, and waste material accumulating from such poultry at least once every thirty days. M. No person keeping or harboring any poultry shall permit such poultry to go loose or run at large. In the event that any poultry found running at large is creating a hazard to the safety of others or another person’s property, such poultry shall be destroyed if it cannot be confined or captured. The City shall not be required to give notice to the owner of the poultry prior to its destruction. N. The maintenance or permitting of any of the foregoing conditions on any such lot or parcel of ground is hereby declared to be a public nuisance. O. Eggs produced by permitted chickens may be sold by the permit holder. Section 6. If the above requirements are not complied with, the City may revoke any permit granted under this section and/or initiate prosecution for a civil infraction violation. A person who has been issued a permit shall submit it for examination upon demand by any police officer. Passed and adopted this 4th day of April, 2017. Attest: Jeanne Hoggins, City Clerk Nick Glanzer, Mayor MT — April 19, 2017
