(a)

Purpose. This Section is established to provide for regulations regarding the keeping of domestic chickens on residential properties with separately enclosed rear yards. More specifically, the purpose of this Section is to provide for the following:

(1)

Regulate the number of chickens allowed on specific properties;

(2)

Regulate the dimensional requirements and parameters of accessories associated with the domestication of chickens;

(3)

Provide for adequate protection of chickens in association with existing ordinances;

(4)

Provide for appropriate regulations with regard to nuisances created by the keeping of chickens; and

(5)

This Section 16-1-215 does not supersede the covenants of any subdivision or homeowner's association.

(b)

Cruelty Unlawful. Cruelty toward animals, including chickens is unlawful and regulated by Chapter 7, Article VII, Division 8 of the Elizabeth Municipal Code.

(c)

Nuisance. Any nuisance associated with the keeping of chickens shall be regulated by Chapter 7, Article I of the Elizabeth Municipal Code.

(d)

Disruption of Coops by Wildlife. The Town shall not regulate or otherwise be deemed to have any responsibility for conflicts with the keeping of chickens created by wildlife.

(e)

Maximum Numbers. No more than twelve (12) chickens are permitted per parcel.

(f)

Gender Restriction. Females of the species (chicken hens) are allowed to be kept on the premises. Roosters or males of the species are prohibited.

(g)

Outdoor Space Requirement. Chickens must be provided a minimum of twenty (20) square feet of permeable surface per bird and must be provided a coop that is predator resistant. Chicken coops are not subject to the architectural standards of accessory structures and shall not be included as part of lot requirements for the percentage of structure occupying the rear yard area.

(h)

Coop Size and Placement. Chicken hen coops must adhere to the following size and placement regulations:

(1)

Chicken Coop Size. Must not exceed two hundred and forty (240) square feet, and must provide at least four (4) square feet of space per bird.

(2)

Chicken Coop Height. Must not exceed six (6) feet in height.

(3)

Chicken Coop Placement. Must be placed five (5) feet from property fence line and twenty (20) feet from residence or primary structure on adjacent property. Coops must reside in the rear yard of the premises.

(i)

Chicken Ranging. Chicken hens are restricted to the rear yard of any parcel in a residential zoning district. Chickens may range up to the property line but must be kept in the required chicken coop from dusk until dawn.

(j)

Fencing. Chicken hens kept in the rear yard must be contained by a fence adequate to contain animals. The fence must be a minimum of four (4) feet in height.

(k)

Slaughtering. Chicken hens may not be killed on the premises, by or at the direction of the owner or keeper except pursuant to the lawful order of state or county health officials, or for the purpose of euthanasia when surrendered to a licensed veterinarian for such purpose, or as otherwise expressly permitted by law.

(l)

Excrement. The owner of any chicken hens kept in the Town of Elizabeth shall cause excreta to be removed from any pen, cage, coop or yard in which such chickens are kept to prevent contamination, diseases, hazards and odors. The accumulation of excreta upon any premises in violation of the provisions of this Section shall be unlawful and shall be deemed a public nuisance in accordance with Chapter 7, Article I of the Elizabeth Municipal Code.

(Ord. No. 19-15, § 4, 6-25-2019; Ord. No. 20-02, § 2, 5-12-2020)