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City of Silver Lake - Ordinance #87

City of Silver Lake

The City Council of the City of Silver Lake, Minnesota does hereby ordain:
Section 1: Chapter 10, Section 4, Subd. 1 shall be amended and Subd. 10. shall be added to allow residents to own and house chickens within the city limits of Silver Lake, and shall read as follows:
Section 4. Animal Control (Amended 12/12/02 Ordinance 54)

Subd. 1 Definitions as used herein:
(a) The term “person” shall mean any natural person, firm, partnership, corporation or other legal entity whatsoever.
(b) The term “owner” shall mean any person owning, harboring, keeping, or otherwise evidencing any incidence of possession or ownership of an animal.
(c) The term “a wild animal” shall mean any creature commonly recognized as not having been generally domesticated as a species and as defined by Minnesota Statutes 8978.015, Subd. 55.
(d) The term “pet” shall mean any creature, which is not a wild animal, which is retained by a person for the purposes of companionship, but is not being retained for commercial or resale purposes. Pets shall be limited to the following animals: dogs, cats, lawful tropical fish, lawful amphibians, caged birds, caged rodents, lawful reptiles, and contained lower orders of life, but shall not include any species recognized as dangerous, containing venom, or otherwise prohibited by any local state or federal law or regulation.
(e) The term “livestock” means any animal, which is not a wild animal nor a pet.
(f) The term “running at large” shall mean the permitting of any animal to go on about public streets, alleys or public or private places of the City, when not under a restraint, except the immediate premises of the owner or harborer thereof.
(g) The term “under restraint” shall mean upon the premises of the owner or harborer thereof, or at heel beside a person or within a private motor vehicle; or controlled by a leash not exceeding five (5) feet in length.
(h) The term “chicken” means all life stages of the fowl of the genus Gallus and species domesticus.
(i) The term “coop” means a cage or pen for confining chickens.
(j) The term “hen” means female chicken.
(k) The term “lot” means a contiguous parcel of land under common ownership.
(l) The term "rooster” means male chicken.
(m) The term “run” means an area inside a fence where chickens are kept and allowed to walk around.
No person shall possess, own, harbor, keep, maintain, or otherwise foster any wild animal or livestock, except horses and chickens, whatsoever in any public or private place within the City of Silver Lake. Wild animals in their natural state, free from human restraint, such as squirrels, rabbits, birds, are not subject to this provision. Feeding wild birds shall not be a violation of this provision, provided the person does not intend to have captive control over such wild birds.
Subd. 10 Chickens
No person shall keep a chicken within the limits of the City of Silver Lake except as allowed by this subdivision. This prohibition does not apply to those portions of the City zoned for agricultural purposes.
General Requirements. A person may keep up to five (5) hens on a lot and the hens are, at all times, confined to the lot as described in this subdivision. No permit is required. However, the owner of the chickens is subject to the following general requirements:
A. Chickens must be confined on the owner’s lot at all times, in a chicken coop or chicken run, and may not be kept in any part of the principal dwelling, garage, front yard, or side yard.
B. All chicken grains and feed must be stored in a rodent proof container.
C. Chickens shall not be kept for breeding purposes.
D. The use of the chickens for cockfighting is prohibited.
E. Roosters are prohibited.
F. The owner’s lot shall not have more than one single family dwelling.
G. The coop and run shall be located in the rear yard of the owner of the chicken’s lot: (1) setback from the principal dwelling; (2) not less than twenty-five (25) feet away from the principal dwelling on the lot and the principal dwellings on the adjacent properties; and (3) not less than six (6) feet from the property lines of the owner’s lot.
H. Chicken coops shall have a maximum footprint area of ten (1) square feet per chicken and a minimum footprint area of five (5) square feet per chicken. Chicken runs shall have a maximum footprint area of twenty (20) square feet per chicken and a minimum footprint area of ten (10) square feet per chicken. The coop shall be elevated above ground and may not exceed a height of seven (7) feet as measured from the ground.
I. The coop and run shall be completely enclosed and rodent proof. Further, the coop shall provide adequate protection from the elements and shall be winterized. All fencing and electrical work associated with the chicken coop and run shall comply with all building and zoning codes and all appropriate permits and licenses shall be obtained therefore.
J. Outdoor butchering of the chickens is prohibited.
K. The owner of the chickens shall not cause the ownership of chickens to violate any nuisance ordinances.
Waste. The chicken coop and run shall be kept in a sanitary and odor free condition, including the regular and frequent removal, storage in a leak proof container and proper disposal of any accumulated feces or waste. Composting or burying feces, discarded feed or dead chickens on the owner’s lot is prohibited. Dead chickens must be disposed of according to Minnesota Board of Animal Health rules.
Private Restrictions and Covenants. Notwithstanding the terms of this subdivision, private restrictions or covenants on the use of the lot shall remain enforceable. Private restrictions include, but are not limited to, deed restrictions, neighborhood association bylaws, and covenant declarations.
Penalties for Violations. Any person violating the provisions of this subdivision shall be guilty of a misdemeanor and shall upon conviction thereof be punished by a fine of not to exceed $300.00 or by imprisonment of not to exceed ninety (90) days. (See Uniform Misdemeanor Violation penalties in General Regulations Sections and also appropriate state statute.)
Section 2: This revised ordinance shall take force and be in effect from and after its passage and publication.
Adopted this 19th day of March, 2018.

Bruce Bebo, Its Mayor
Jon Jerabek, Its City Clerk
(Published in The McLeod County Chronicle March 28, 2018)