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Missoula County - Animal Control

Department: Animal Control
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City Chicken Ordinance


 

6.07.1010 Regulations concerning keeping of livestock and domestic fowl.

 

A.    Requirements for all livestock

1.     Livestock which are kept, harbored, housed, corralled or otherwise maintained within the city limits shall be securely confined within an enclosed area.  The enclosure shall be adequate to prevent the escape of the animals.

2.     The owner, keeper or custodian must provide a windbreak and shade for the livestock.

3.     The owner, keeper or custodian shall provide adequate food and water to the livestock in sufficient quantities to ensure the health of the livestock.

4.     The smallest enclosure in which any livestock may be kept shall be a land area of at least one‑half acre in size.  The enclosure may include a barn, stable or other shelter intended for use by the animal(s).  It shall not include any other building structures. 

5.     Animal excreta shall be removed weekly, at a minimum, from the area where livestock are kept.

6.     Adequate vegetative cover and/or frequent water irrigation sprinkling shall be provided where livestock are kept between April 1st through October 31st to alleviate or eliminate dust as a potential nuisance problem for nearby neighbors.

7.     The requirements outlined in 6.07.1010 (B) do not apply to the keeping of any of the above-identified fowl, animals or livestock at the Missoula County Fairgrounds, so long as the activity is authorized and supervised by Missoula County or its agents.

B.    Special requirements for geese, ducks, or other domestic fowl or birds (excluding birds purchased at a pet store and kept in the residence as house pets).

  1. The size requirements for the enclosure outlined in 6.07.1010 (A) (4) do not apply.  An enclosure may smaller than one half acre in size while the parcel must be one acre or larger.
  2. The total number of geese, plus ducks, plus other domestic fowl may not exceed six.
  3. The owner, keeper or custodian shall provide a covered, predator-proof coop or other structure for the animals that is

                      i.  thoroughly ventilated

                     ii.  of sufficient size to admit free movement of the animals

                    iii.  designed to be easily accessed, cleaned and maintained

  1. The animals shall be shut into the coop or other structure from sunset to sunrise each day.
  2. Structures used to house the animals shall be set back at least twenty feet from a structure used for human habitation
  3. Structures used to house the animals shall be set back at least fifty feet from any real property line.

C.    Special requirements for rabbits.

1.     A rabbit or rabbits may be kept in cages or other structures in an area that is within or adjacent to a rabbit owner's personal residence as long as the rabbit cages or structures are not within thirty feet of another structure or dwelling unit used for human habitation that is not owned by the rabbit owner or within twenty feet of any common real property line between private property owners.

2.     There shall be no common property line restriction if the adjacent property on the other side of a common property line is public-owned land.

3.     It is unlawful for the owner, keeper or custodian of rabbits to possess at the same premises at the same time more than five rabbits that are more than six weeks old, unless the real property is one-quarter acre or larger in size.

4.     The size requirements for the enclosure outlined in 6.07.1010 (A) (1) do not apply.  An enclosure may smaller than one half acre in size

D.    Special regulations for urban chickens on a parcel of land that is less than one acre in size. The prohibition to keeping chickens in this section does not apply to the keeping of up to six (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 ow.0nership 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 owner must obtain an annual permit from the City Treasurer.  The permit shall be $15.

3.     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. The size requirements for the enclosure outlined in 6.07.1010 (A) (1) do not apply.  An enclosure may smaller than one half acre in size

4.     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.

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

6.     During daylight hours the adult chickens shall have access to the chicken house and, weather permitting, shall 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.

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

8.     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.

(Ord. 3472, 2011)

 

6.07.1020  Notice of Violation and Order To Take Corrective Action and Citations 

A.    When Animal Control determines that a violation of the code has occurred, Animal Control may issue written notice to the owner, custodian or keeper, either personally or by certified mail.  Such notice shall specify the provision or provisions of this part alleged to have been violated along with a short and plain statement of the facts that constitute the violation.  The notice shall include an “order to take corrective action” requiring compliance within a reasonable time as stated in the order. 

B.    If the owner, custodian, or keeper 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 requirement of this section.

(Ord. 3472, 2011)

 

6.07.1030  Penalty--Fines.  An owner, custodian, or keeper of an animal who is found guilty of any provision of this part shall be guilty of a misdemeanor and shall be subject to the penalties provided for in Section 6.07.030 (C). 

 

Failure to comply with a properly issued Notice of Violation and Order to Take Corrective Action shall be counted as a separate offense from a citation issued after the compliance date described in the order.

(Ord. 3472, 2011)