(a)   Chicken - shall mean a member of the subspecies Gallus gallus domesticus, a domesticated fowl.

(b)   Urban Chicken - shall mean a chicken kept on a permitted tract of land pursuant to a permit issued under this Article.

(c)   Tract of land - shall mean a property or a zoned lot that has one single family dwelling located on that property or zoned lot.

(d)   Permitted tract of land - shall mean the tract of land as identified by the application upon which a permit is granted for keeping chickens pursuant to this Chapter.

(e)   Permittee - shall mean an applicant who has been granted a permit to raise, harbor or keep chickens pursuant to this Chapter.

(Ord. G-20-07)

(a)   No person shall raise, harbor, or keep chickens within the City of Plainville without a valid permit obtained from the City under the provisions of this Article.

(b)   To obtain a permit, an applicant must submit a completed application on forms provided by the City and pay all fees required by this Article.

(c)   The requirements to the receipt of a permit include:

(1)   All requirements of this Article are met.

(2)   All City fees for the permit are paid in full.

(3)   Any judgments in the City’s favor and against the applicant have been paid in full.

(4)   Pass an inspection by a designated City Officer.

(d)   If the City concludes that the requirements for a permit have been met, then the City may issue the permit.

(e)   The City may deny, suspend, revoke, or decline to renew any permit issued for any of the following grounds:

(1)   False statements on any application or other information or report required by this section to be given by the applicant.

(2)   Failure to pay any application, penalty, re-inspection, or reinstatement fee required by this section or city council resolution.

(3)   Failure to correct deficiencies noted in notices of violation in the time specified in the notice.

(4)   Failure to comply with the provisions of an approved mitigation/remediation plan by any Officer of the City, or designee.

(5)   Failure to comply with any provision of this Article.

(f)   A decision to revoke, suspend, deny, or not renew a permit shall be in writing, delivered by ordinary mail, or in person to the address indicated on the application. The notification shall specify reasons for the action.

(g)   When an application for a permit is denied, or when a permit is revoked, the applicant may not re-apply for a new permit for a period of 1 year from the date of the denial or revocation.

(h)   No permit may be denied, suspended, revoked, or not renewed without notice and an opportunity to be heard is given the applicant or holder of the permit. In any instance where the City has denied, revoked, suspended, or not renewed a permit, the applicant or holder of an Urban Chicken permit may appeal the decision to the City Council within ten (10) business days of receipt by the applicant or holder of the permit of the notice of the decision. The applicant or holder of the permit will be given an opportunity for a hearing. The decision of the City Council, after hearing the appeal, or any decision by an Officer of the City, which is not appealed in accordance with this Article, shall be deemed final action.

(Ord. G-20-07)

The fee for the annual urban chicken permit, due and payable to the city on and after the first day of January of each year, shall be $20.00.

(Ord. G-20-07)

(a)   The maximum number of chickens allowed is six (6) per tract of land regardless of how many dwelling units are on the tract.

(b)   Only female chickens (hens) are allowed.

(Ord. G-20-07)

A permit shall not allow the permittee to engage in chicken breeding or fertilizer production for commercial purposes.

(Ord. G-20-07)

(a)   Chickens shall always be kept in an enclosure or fenced area. Chickens shall be secured within a henhouse or chicken tractor during non-daylight hours.

(b)   Enclosures must always be kept in a clean, dry, odor-free, neat, and sanitary condition.

(c)   Henhouses, chicken tractors, and chicken pens must provide adequate ventilation, sun, and shade and must be impermeable to rodents, wild birds, and predators, including dogs and cats.

(d)   Henhouses and chicken tractors.

(1)   Henhouses and chicken tractors shall be designed to provide safe and healthy living conditions for the chickens with a minimum of four (4) square feet per bird while minimizing adverse impacts to other residents in the neighborhood.

(2)   A henhouse or chicken tractor shall be enclosed on all sides and shall have a roof and door(s). Access doors must be able to be shut and locked at night. Opening windows and vents must be covered with predator and bird proof wire of less than one (1) inch openings.

(3)   Henhouses and chicken tractors shall be well maintained.

(4)   Henhouses, chicken tractors and chicken pens shall only be located in the rear yard as defined by Plainville Municipal Code Chapter 2, Section 2-102.

(5)   Henhouses, chicken tractors, and chicken pens must be located at least six (6) feet from the property line and at least twelve (12) feet from any adjacent residential dwelling, church, school, or place of business.

(e)   Any enclosed chicken pen shall consist of sturdy wire fencing. The pen must be covered with wire, aviary netting, or solid roofing.

(Ord. G-20-07)

(a)   Odors from chickens, chicken manure, or other chicken related substances shall not be perceptible beyond the boundaries of the permitted tract of land.

(b)   Noise from chickens shall not be loud enough beyond the boundaries of the permitted tract of land at the property boundaries to disturb persons of reasonable sensitivity.

(Ord. G-20-07)

The Permittee shall take necessary action to reduce the attraction of predators and rodents and the potential infestation of insects and parasites. Chickens found to be infested with insects and/or parasites that may result in unhealthy conditions to human habitation may be removed by a designated City Officer.

(Ord. G-20-07)

Chickens shall always have access to feed and clean water. The feed and water shall be unavailable to rodents, wild birds, and predators.

(Ord. G-20-07)

All stored manure shall be covered by a fully enclosed structure with a roof or lid over the entire structure. No more than three (3) cubic feet of manure shall be stored on the permitted tract of land. All other manure not used for composting or fertilizing shall be removed. The henhouse, chicken tractor, chicken pen, and surrounding area must be kept free from trash and accumulated droppings. Uneaten feed shall be removed in a timely manner.

(Ord. G-20-07)

(a)   The Permittee shall not allow the Permittee’s chickens to roam off the permitted tract of land. No dog, cat, or other domesticated animal, that kills a chicken on or off the permitted tract of land will, for that reason alone, not be considered a dangerous or aggressive animal or the city’s responsibility to enforce its dangerous or viscous animal provisions.

(b)   It shall be unlawful for any person to willfully allow any animal or fowl under his or her control to be or to run at large within the city. Any animal or fowl found at large shall be impounded as provided in sections 4-110, 4-114, and 4-309.

(Ord. G-20-07)

(a)   It shall be unlawful for any person to keep chickens in violation of any provision of this Article or any other provision of the Plainville Municipal Code, without a permit, or after the revocation of a permit.

(b)   It shall be unlawful for any owner, renter, or leaseholder of property to allow chickens to be kept on the property in violation of the provisions of this article.

(c)   No person shall keep chickens inside a single-family dwelling unit, multi family dwelling unit(s) or rental unit.

(d)   No person shall keep a rooster.

(e)   No person shall keep chickens on a vacant or uninhabited tract of land.

(Ord. G-20-07)

Any violation of the terms of this Article that constitutes a health hazard or that interferes with the use or enjoyment of neighboring property is a nuisance and may be abated under the general nuisance abatement provisions of Plainville’s City Municipal Code Chapter 4, Article 4.

(Ord. G-20-07)

Any person violating or permitting the violation of any provision of this article shall upon conviction in Municipal Court be fined a sum not more than five hundred dollars ($500.00). In addition to the fine imposed the court may sentence the defendant to imprisonment for a period not to exceed thirty (30) days. Each day that a violation of this article continues shall be deemed a separate offense. In addition to the foregoing penalties, any person who violates this article shall pay all expenses, including shelter, food, handling, veterinary care, and testimony necessitated by the enforcement of this article.

(Ord. G-20-07)