Chickens may be kept when maintained by owners in a safe and sanitary manner and in compliance with the following rules.

(a)   No more than six (6) hens shall be allowed for each single-family dwelling.

(b)   No roosters allowed.

(c)   There shall be no outdoor slaughter of chickens.

(d)   All chickens must be kept at all times in a secure henhouse or chicken pen. Henhouses or chicken pens shall be designed and constructed so as to provide safe and healthy living conditions for the chickens while minimizing adverse impacts to city residents. All henhouses or chicken pens shall be enclosed on all sides and have a roof and doors. All henhouses or chicken pens’ access doors must be able to be shut and locked. Windows and vents must be covered with a predator-proof and bird-proof wire containing less than one inch openings. Enclosures shall be constructed in accordance with city policies maintained by the city official enforcement officer.

(e)   Enclosures shall not be located in front or side yard areas as defined by the zoning ordinances(s) of the City of Douglass. All henhouses and chicken pens shall be located in the backyard of the residence. “Backyard” for purposes of this article shall mean that area of a lot that is located between the back of a house and the rear property line. All henhouses and chicken pens shall be located at least twenty feet (20’) from any neighbor’s home, and at least ten feet (10’) from any property line. Chickens shall be kept in the henhouses or chicken pens at all times, except when being removed for slaughter, or for cleaning of the henhouse or pen, and shall not be permitted to be at large on any lot. A fenced lot or fenced portion of a lot shall not be deemed a proper or authorized henhouse or chicken pen. There must be a secondary fence around the henhouse or chicken pen.

(f)   All henhouses or chicken pens will need to be inspected by city official and must be re-evaluated annually.

(g)   All henhouses and chicken pens shall be kept clean, dry, odor-free, and in a sanitary condition at all times. All henhouses and chicken pens shall be constructed and repaired to prevent rats, mice, or other rodents from being underneath or within such structures.

(h)   Provisions must be made for the storage and removal of chicken manure.

(i)    The structure shall be well maintained and shall not exceed 100 square feet in size.

(Ord. 893; Code 2022)

Any person wishing to keep chickens within the City of Douglass, Kansas, shall file an application to do so with the City Clerk. Such application will then be reviewed by the City Official, who will either grant or deny the permit. If a permit is granted, the cost of such permit shall be thirty dollars ($30.00). In cases where the keeper of the chickens is not the property owner, the written consent of the property owner is required before a permit can be issued. Plans for the chicken henhouse or chicken pen shall be filed with the permit application, together with the proposed location for the same on the property. The proposed location of the henhouse or chicken pen shall he inspected by the City Official prior to the issuance of a permit. A permit holder shall comply at all times with the provisions of this article. Any denial or revocation of a permit shall be in writing and shall include notification of the right to appeal such denial or revocation. Any appeal of a denial or revocation shall be in writing and shall be filed with the City Clerk. Any such appeal shall be heard and determined by the governing body within forty-five days from and after the filing of such appeal.

(Ord. 893; Code 2022)

Any person, corporation, partnership or association keeping chickens in the City of Douglas shall permit the City Official to inspect the facilities for the keeping of such chickens at any time, with or without notice, and denial of access by the City Official shall be grounds for the revocation of a permit issued under the provisions or this article.

(Ord. 893; Code 2022)

If the City Official determines that the permit holder has violated or is violating any of’ the provisions of this article, the City Official may revoke the permit for the keeping of the chickens.

(Ord. 893; Code 2022)

Any person, corporation, partnership or association who has been denied a permit or had a permit revoked, shall be served a notice of such denial or revocation. The notice shall be served on the owner or agent of the owner or the property at issue by personal service or certified mail. The notice shall state the conditions which is/are in violation of the provisions of this article and shall inform the person, corporation, partnership, or association that:

(a)   He, she, or they have ten days from the date of the serving of the Notice to appeal the denial of a permit or the revocation of a permit and request a hearing before the Governing Body.

(b)   Failure to remove the chickens from the property or to appeal and request a hearing before the Governing Body within the time set out above may result in prosecution as provided by this article.

(Ord. 893; Code 2022)

Should the person, partnership or association fail to comply with the notice set out in section 2-505 above or request a hearing, or if any person shall violate the provisions of this article, the City Official, City Clerk/Administrator, or City Attorney may file a complaint in the Municipal Court of the City against such person, corporation, partnership or association and upon conviction of any violation of the provisions of this article, such person, corporation, partnership or association may be fined an amount not to exceed five hundred dollars ($500.00) or be imprisoned for not more than 30 days, or be both fined and imprisoned. Each day during or on which violation occurs or continues after notice has been served shall constitute an additional or separate offense.

(Ord. 893; Code 2022)