113A.  CHICKENS


       113A.01.  Chickens Limited.  It is unlawful for any person to
keep or harbor chickens on any premises unless issued a permit to do so
as provided in this chapter or except as specifically allowed for under
Rochester Code of Ordinances 62.148.  No permit shall be issued for the
keeping or harboring of more than three (3) hen chickens on any
premises.  The term "premises" for the purpose of this section shall
mean any platted lot or group of contiguous lots, parcels, or tracts of
land.

       113A.02.  Permit.  No person shall maintain a chicken coop or
other enclosure unless they have been granted a permit by the common
council.  The permit shall be subject to all terms and conditions of
this chapter and any additional conditions deemed necessary by the
council to protect the public health, safety, and welfare.  The
necessary permit applications are available in the City Clerk's Office. 
Included with the completed application shall be a scaled diagram that
indicates the location of any chicken coop or other enclosure and the
approximate size and distance from adjoining structures and property
lines.  A permit for the keeping of chickens may be revoked or suspended
by the council for violation of the provisions of this chapter following
written notice and an opportunity for a hearing.  A fee of $20.00 shall
be charged for each permit which shall expire on December 31 of the
second year of the permit.

       113A.03.  Confinement.  Every person who owns, controls, keeps,
maintains, or harbors hen chickens shall keep them confined at all times
while in the city in a coop or other enclosure.  Any outdoor enclosures
will be screened with a solid fence or landscaped buffer with a minimum
height of 4 feet.  Any outdoor enclosure shall be at least 25 feet from
any residential structure on any other premises.

       113A.04.  Chicken Coops.  All chicken coops shall be located at
least 25 feet from any dwelling on any other premises.  All chicken
coops or other structures shall meet the requirements of the building
and zoning codes and shall not exceed 10 square feet per chicken and
shall not exceed 6 feet in total height.  (Chicken feed and manure shall
be kept in rodent and raccoon proof containers and shall not be placed
in the yard compost piles).

       Chicken coops shall either be:

       a.   Elevated with a clear open space of at least 24 inches
            between the ground surface and framing/floor of the cooper;
            or,

            b.   The coop floor, foundation, and footings shall be
            constructed using rodent resistant 4 inch poured concrete
            construction.  The concrete foundation and footings shall
            penetrate the soil at least 24 inches with a 12 inch right
            angle extending outward from the base.

       113A.05.  Conditions.  It shall be unlawful for any person
owning, keeping, or harboring hen chickens to permit the premises where
the hen chickens are kept to be or remain in an unhealthy, unsanitary,
or noxious condition or permit the premises to be in such condition that
noxious odors are carried to adjacent public or private property.  Any
chicken coop or other enclosure authorized by permit under this section
may be inspected at any reasonable time by a city animal control officer
or other agent of the city.

       113A.06.  Violations.  Any person who keeps or harbors chickens
in the city limits of Rochester without obtaining or maintaining a
current permit or after a permit has been suspended or revoked by
council action shall be guilty of a petty misdemeanor.

(2805, 4/7/92)