Colfax Municipal Code Ch. 6.20 Limitations on Number of Animals

A. Large-sized Animals, Such as Horses, Bulls, Cows, Llamas, Alpacas, Etc.

1. No large animals on parcels of less than two acres;

2. One large animal on parcels larger than two acres and smaller than four acres;

3. A maximum of two large animals on parcels of four to six acres;

4. Not more than one large animal for every three acres, for parcels of seven or more acres in size.

B. Medium-sized Animals, Such as Sheep, Goats, Pigs, Etc.

1. No medium-sized animals on parcels less than two acres in size;

2. Not more than five medium-sized animals on parcels larger than two acres and less than four acres;

3. Not more than ten (10) medium-sized animals on parcels of between four and six acres in size;

4. Not more than five such medium-sized animals for each acre, for parcels of seven or more acres in size.

C. Small-sized Animals, Such as Rabbits, Small Commercial Fur Animals, Chickens and Small Fowl Other Than Turkeys, Pea Fowl and Guinea Fowl.

1. Not more than fifteen (15) small-sized animals on parcels of one acre or less;

2. Not more than thirty (30) small-sized animals on parcels of two or less acres in size;

3. For parcels of three or more acres in size, not more than fifty (50) small-sized animals for each three acres or fraction thereof.

(Ord. No. 519, 8-8-2012; Ord. No. 547, § 1(Exh. A), 5-11-2022)

A. Dogs and Cats. No more than two dogs and two cats over four months of age are allowed on properties zoned other than agricultural. Non-domesticated (wild/feral) dogs and cats are prohibited.

B. Chickens and Rabbits. Chickens and rabbits will be allowed only on residential parcels that meet the minimum lot size hereafter provided and only upon the issuance of an administrative permit. Roosters are prohibited.

C. Keeping And Care of Female Chickens.

1. Purpose and Applicability.

a. Purpose. The purpose of this section is to address the raising and keeping of chickens and the areas in which the raising and keeping of chickens are allowed. is the intent of this section to allow for the keeping of chickens based on the provisions, and subject to the restrictions, contained in this section.

b. Applicability. The raising and keeping of chickens shall only take place in compliance with the requirements of this section on properties zoned for and developed as single family residential.

2. Definitions. When used in this chapter, the following words shall have the meanings ascribed to them as set forth herein.

a. "Chicken" or "hen" shall mean and refer to a genetically female chicken.

b. "Coop" shall mean and refer to the sleeping area of an enclosure used solely for housing chickens. Every coop shall contain a roof, four sides, a floor, a slide-out manure tray to facilitate removal of manure and a door that can be closed to keep chickens in and predators out, adequate windows and sufficient ventilation to minimize moisture.

c. "Housing" shall mean and refer to the combination of the coop, nesting box and run. Housing may be affixed to the property on which it is located, or it may be on wheels or skids to be mobile on the property. All housing shall provide adequate protection from predators and shall comply with applicable provisions of federal, state and local laws, rules, regulations and ordinances.

d. "Nesting Box" shall mean and refer to the nesting space attached to the wall of a coop and is used for a hen to lay eggs. Nesting boxes shall provide a minimum of 1.5 square feet per hen with not less than sixteen (16) inches of head room. An exterior access panel to each nesting space is advisable to facilitate easy removal of eggs.

e. "Run" shall mean and refer to an enclosed area that allows hens to be outside. The run may have a roof adequate to provide protection from inclement weather. Part or all of the run may be under the coop or nesting box provided that the vertical distance under the coop and nesting box is not less than sixteen (16) inches.

3. Allowed Land Use. The keeping and raising of chickens shall be allowed on properties zoned residential R-1 subject to all of the following requirements and restrictions.

a. Each lot upon which chickens are kept and raised shall have been developed for and contain a single-family residence.

b. Minimum lot size - 4,356 Square Feet (0.1 acre) provided, however, that chickens can be kept and raised on a smaller lot so long as the smaller lot has an open area of not less than 20 feet x 30 feet and all other requirements of this section are satisfied.

c. Maximum number of chickens: No more than eight.

d. Roosters (genetically male chickens) are prohibited.

e. All chickens must be contained within adequate, legally compliant housing that complies with applicable federal, state and local laws, rules, regulations and ordinances and the following:

(i) Housing shall not be located within five feet of any building or structure on adjacent property, but may be attached to any building or structure on the property upon which Chickens are kept and raised.

(ii) Housing shall not be located between the front of the residence and any street the residence faces unless it can be located a minimum of thirty (30) feet from the street the residence faces.

(iii) Housing shall not be constructed from pallets, scrap wood or scrap metal to create an eyesore or public nuisance as determined by the city inspector.

(iv) Housing height shall not exceed an average of seven feet.

(v) A run shall provide a minimum of six square feet per hen.

(vi) A coop shall provide a minimum of 1.5 square feet per hen and include at least twelve (12) inches of roosting rail per hen with not less than sixteen (16) inches of head room.

(vii) All coops shall contain a manure tray to facilitate easy cleaning.

(viii) A minimum of two nesting boxes per housing unit shall be required.

(ix) When removed from a housing unit, all manure shall be kept in a closed container until composted or used as fertilizer.

(x) All feed shall be protected from precipitation, rodents and vectors.

f. Chicken Housing shall not constitute an accessory use or structure for purposes of Chapter 17.96 of this Code.

4. Operating Requirements. It shall be unlawful for the owner of any property subject to this ordinance, upon which chickens are kept and raised, and any resident, tenant, level of subtenant or occupant of such property, to fail to meet all of the following requirements:

a. An administrative permit allowing the keeping and raising of chickens shall be obtained from the city, and all fees paid, before chickens can be kept and raised on any property subject to this ordinance. A one-time fee of one dollar ($1.00) shall be paid to the city for processing any application for an administrative permit and for issuance of the permit. All applications for a permit to keep and raise chickens on any property shall be signed by the property owner and, if applicable, any tenant, level of subtenant or occupant of the property seeking the permit. Permits shall have no expiration date but shall not be transferrable.

b. Chickens shall only be kept and raised in a proper housing unit which at all times shall be properly cleaned and maintained to control odor.

c. Chickens shall not be allowed to fly or roam outside of the boundaries of the property upon which they are kept or onto any of the common thoroughfares, sidewalks, passageways, play areas, parks, streets, allies or public highways, or any area outside of the property where people congregate or walk, or upon any public property.

d. All manure shall be kept in a closed container before it is composted or used as fertilizer. All manure shall be properly disposed of or composted and used for gardening or yard plantings. No manure shall be disposed of in the solid waste stream.

e. Slaughtering or butchering of chickens on the property upon which the chickens are kept and raised shall only be for personal consumption. All waste products of slaughtering and butchering shall be properly disposed of or fed to the chickens.

f. All feed and other items associated with the keeping of chickens shall be stored and protected in a way that prevents infestation by rats, mice or other rodents or vectors.

(Ord. No. 519, 8-8-2012; Ord. No. 547, § 1(Exh. A), 5-11-2022)

A. Temporary animal rescue centers are exempt from these limitations.

B. Animal sales and service type uses, as defined in Chapter 17.12 of the Colfax Municipal Code, are exempt from these limitations.

C. Service animals are exempt from these limitations.

D. Small, indoor household pets such as fish, hamsters, guinea pigs, mice, rats, turtles, snakes and birds, are exempt from these limitations.

(Ord. No. 519, 8-8-2012; Ord. No. 547, § 1(Exh. A), 5-11-2022)

A. Nuisance Declared. The failure to timely comply with all requirements of this section is hereby declare to be a public nuisance that may be abated in accordance with the applicable provision of Colfax Municipal Code Chapter 8.16. Additionally, any violation of this section shall be subject to injunctive relief, any permit issued pursuant to this section being deemed null and void, disgorgement and payment to the city of any monies unlawful obtained, costs of abatement, costs of investigation, attorney fees, and any other relief or remedy available at law or in equity.

B. Each Violation a Separate Offense. Any violation of the provisions of this chapter shall constitute a separate violation and shall be subject to the penalties set forth in Chapter 1.24 of the Colfax Municipal Code, all administrative citations and fines provided for in Colfax Municipal Code Chapter 1.25, and all other remedies and enforcement measures authorized by the Colfax Municipal Code. Each day a violation is committed or permitted to continue shall constitute a separate offense.

C. Criminal Penalties. Each and every violation of the provisions of this chapter may in the discretion of the district attorney or the city attorney be prosecuted as a misdemeanor and upon conviction be subject to a fine not to exceed one thousand dollars ($1,000) or imprisonment in the county jail for a period of not more than twelve (12) months, or by both such fine and imprisonment.

D. Remedies Cumulative and Not Exclusive. The remedies provided herein are not to be construed as exclusive remedies. The city is authorized to pursue any proceedings or remedies provided by law.

(Ord. No. 519, 8-8-2012; Ord. No. 547, § 1(Exh. A), 5-11-2022)