Ordinance in Legalese

This just in! This is the ordinance that will be put in front of committee, and then up for public hearing! Remember, this is in the "No Livestock" section so it is phrased as an exception to the larger rule.

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F. The prohibition to keeping chickens in this section also does not apply to the keeping of up to 6 female chickens while the animals are kept in such a manner that the following standards are complied with:

1. The chickens must be kept on a single-family parcel(s), and chickens may be kept on a parcel(s) under one ownership with more than one dwelling if all residents and the owner consent in writing to allowing the chickens on the property. When chickens are kept on a multi-dwelling parcel(s) the owner of the chickens shall keep a copy of the signed approval document for inspection upon request by animal control personnel.

2. The chickens shall be provided with a covered, predator-proof chicken house that is thoroughly ventilated, of sufficient size to admit free movement of the chickens, designed to be easily accessed, cleaned and maintained by the owners and be at least 2 square feet per chicken in size.

3. No chicken house shall be located closer than 20 feet to any residential structure occupied by someone other than the chicken owner, custodian, or keeper.

4. The chickens shall be shut into the chicken house at night, from sunset to sunrise.

5. During daylight hours the adult chickens shall have access to the chicken house and may have access to an outdoor enclosure on the subject property, adequately fenced to contain the chickens and to prevent access to the chickens by dogs and other predators.

6. Stored feed must be kept in a rodent- and predator-proof container.

7. It is unlawful for the owner, custodian, or keeper of any chicken to allow the animal(s) to be a nuisance to any neighbors, including but not limited to: noxious odors from the animals or their enclosure; and noise of a loud and persistent and habitual nature. Animal Control will determine whether or not a nuisance exists on a case-by-case basis.

Enforcement: Upon receiving a complaint of a possible violation within the city of Missoula, Animal Control will investigate, determine if a violation exists and when appropriate leave a notice of violation and order to take corrective action with the owner or temporary owner and provide them with written notice of the violations that require correction. Animal Control will revisit the owner’s address 10 days or more after the notice of violation is issued. If the owner has failed to comply with the ordinance, Animal Control may issue a citation to the owner, custodian or keeper for failure to comply with any applicable section of this chapter.