Beaver City Proposition No. 1 - Livestock Prohibited

Shall the City of Beaver City, Nebraska amend and adopt its Chapter 3, "Misdemeanors', Article 5, "Animals Generally", Section 3-502, "Livestock Prohibited; Nuisance', regarding the keeping of chickens within city limits to read as follows: It shall be unlawful for any person to keep or maintain within the corporate limits any goats, sheep, cows, hogs, pigs, horses, and/or chickens, geese, and other poultry. It is hereby determined to be a nuisance for anyone to keep or maintain any of said animals within the corporate limits, and the city may maintain an action to enjoin said nuisance in addition to collection of prescribed penalty as set forth in Article 8 of this chapter except as stated herein: 1. Domesticated chickens are hereby allowed within the city limits of Beaver City. This ordinance applies to hens only and specifically excludes roosters. 2. Maximum of 6 hens are allowed per residence. 3. All chickens shall be kept in a secure, enclosed pen, at all times and not allowed to run at large. A. Specific Keeping and Housing Requirements: 1. Every person that desires to have chickens on their property shall register with the City Clerk that has the name of the person for who the license is desired, if renting, a letter of authorization from the Landlord stating that they can have chickens. The location of the place and enclosure for said chickens will be in the rear yard only. For permanent structures written plans with drawings and dimensions must be approved by the Planning Commission of Beaver City and approved by the City Council. All plans and registrations will be kept on file at the City Office. 2. All enclosures for the keeping of the chickens shall be constructed or repaired to prevent rats, mice, skunks, and other pests from harboring underneath. A. The materials used in making a covered structure shall be uniform for each element of the structure. The roof has the same shingles or other covering. Covered enclosures shall be well maintained. B. Any enclosed pen shall consist of sturdy wire fencing and covered with wire, aviary netting or solid roofing. To help prevent predators or other animals from getting at the chickens. C. The size of the fenced area must be 16 square feet. 3. All feed and other items associated with the keeping of the chickens that are likely to attract or to become infested with mice, rats, skunks, or other rodents shall be protected to prevent access or encountering these rodents. B. Waste removal. 1. The owner shall keep all pens, enclosures, and shelter structures wherein the chickens are kept in a clean and sanitary condition so as to not give off offensive odors which are source of discomfort to persons residing in the vicinity thereof. The owner shall in a sanitary manner remove and dispose of all manure and waste materials accumulating from such animals at least once every 7 days to keep the attraction of flies, mosquitos and/or other noxious insects to a minimum. Dead animals will be removed and disposed of immediately in a sanitary manner. C. Registration 1. Registration shall include the following: A. Name and residence of applicant. B. Location of where the fowl are to be kept. C. Species of chickens being housed. D. Statement of methods in which waste material and manure are to be sanitarily disposed of. E. Attached diagram of premises showing location and dimensions of the enclosure and distance from residence building and property line and adjacent property. D. A person who has been issued a license freely and voluntarily consents to a search and examination of the chicken enclosure in his/her rear yard upon demand of Beaver City Health Inspectors. E. Fines: 1. If any of the requirements are not complied with, the City may revoke any license granted under this section and/or initiate prosecution of the license holder or any other person that are in violation. A. 1st violation of any part of this ordinance or noise complaint, will be a fine of $50. B. 2nd violation will be a fine of $100. C. 3rd and each subsequent violation, $50 will be added to the fine. Up to $500. 2. If three violations occur within a 6-month period the City will revoke the license granted and require the immediate removal of the animals.