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HomeMy WebLinkAboutDucks_draft_Chapter 06_4.26.21SECTION 6-3.4 URBAN DUCKKEEPING (A) Purpose The purpose of this section is to establish regulations applicable to urban duckkeeping on lots with single and two-family residential uses within the City intended to limit issues that might otherwise be associated with unregulated urban duckkeeping in neighborhoods. By providing reasonable regulations for urban duckkeeping on properties, the City can support a sustainable activity while setting standards that are practical for duckkeepers and safe for neighbors. (B) Definitions (1) "Adjacent lot" shall mean all lots that the applicant's property comes into contact with at one or more points, except for lots that are legally abutting but separated from the applicant's property by a public or private street, alley or other right-of-way. (2) "Duck" shall mean heavy body, egg laying hens. No drakes. (3) "Duckkeeper" means a person who owns or has charge of one or more ducks on their property. (4) "Duck enclosure, housing facilities, enclosure" means the enclosure inhabited by one or more ducks that is constructed for that purpose. (5) "Lot" means a contiguous parcel of land under common ownership. (6) "Run" shall mean the fenced in outdoor space provided for ducks. (7) "Primary Residential Structure" shall mean any building located on a lot and used for living purposes. (C) Permit Required No person shall keep or maintain any ducks within the city limits prior to obtaining an annual permit from the City and registration with the State. The City permit year shall commence on January 1 of each year and permits shall expire on December 31 of that year. Prior to permitting by the City, the owner must provide proof of State Livestock Registration. (1) Every Duckkeeper shall pay the City Treasurer prior to January 1 of each year, the sum of Fifteen ($15.00) for a permit to keep ducks on property owned or occupied by the person. (2) A maximum of six (6) ducks may be kept on lots containing single or two-family residential land uses if: (a) The permit application is submitted including but not limited to the following information: name of applicant, property address, contact number, license fee, and scaled site plan consistent with the standards of practice identified within this section; together with any additional information reasonably determined to be necessary by the Director of Community Development to determine whether the applicant has or will comply with all standards of practice identified within this section and any other applicable ordinance or statutory requirements. Tenants submit to the City a written statement of support signed by the property owner. Tenants seeking to raise ducks also submit a written agreement between the landlord/property owner and applicant, as to the plans for maintenance of the enclosure and ducks and their disposition after the applicant vacates the premises. (b) A permit is issued by the Planning Services Division for construction of the required coop/enclosure. (c) Maximum combination of six (6) ducks and/or chickens are permitted. (3) Permits are personal to the applicant, non-transferrable, and do not attach to or run with the land. (4) The fee for the initial permit shall be as established by the Common Council. Annual renewal of the permit is required and the fee for the renewal shall be equal to the initial permit fee as established by this Chapter. (5) If the standards of practice are not established and/or maintained subsequent to issuance of a duckkeeping permit, the permit may be revoked by the City. Once a permit has been revoked, it shall not be reissued for a period of at least two years. (D) Standard of Practice Every owner and/or person in charge of keeping ducks shall at minimum provide the ducks with shelter, bedding, and water as prescribed in this Section. (1) All ducks shall be kept and maintained within a detached, stationary structure used exclusively for the keeping of ducks. Temporary or movable devices or structures shall be prohibited. a. Exemption: ducklings can be incubated/nurtured indoors for no more than four (4) weeks. (2) The duck enclosure shall be structurally sound, moisture proof, and maintained in good repair. The enclosure floor can be dirt but the structure walls will then need to be buried 6 inches below ground to prevent predators from digging into the enclosure. Concrete or wood floors are also permitted. Slippery plastic or metal wire flooring is prohibited. (3) Duck enclosures shall be constructed and maintained to provide sufficient space to allow each animal adequate freedom of movement and the retention of body heat. The outdoor run needs to be 50 square feet per one bird. Ducks shall be provided enclosures that are enclosed, predator-proof, and adequately ventilated. (4) Ducks are all-weather birds so they should have full access to their run area at all times. Ducks will play in rain and snow, but also need a shaded area for the hot summer weather. (5) Duck run shall have a water feature to replicate a pond, such as a plastic tub filled with water. This water feature shall meet the same setback requirements as duck enclosures. It is recommended to have at least one gallon per duck available. (6) Ducks are winter resilient and need air flow more than insulation, but a sufficient quantity of clean bedding material shall be provided for some insulation and to help retain body heat. (7) Duck enclosures shall measure a minimum of eight (8) square feet in area or four (4) square feet in area per duck, whichever is greater. Duck enclosure shall be at least three (3) feet high. (8) Duck enclosure entrance shall have a zero entry or a very slight non-slip ramp. Duck enclosures do not need nest boxes, but one can be used if desired. Ducks are very good at laying eggs anywhere they see most fit. (9) Duck enclosures must be constructed and maintained so as to prevent rodents from being harbored underneath or within the walls thereof. (10) No duck enclosure shall not be located closer than 25 feet to any neighboring primary residential structure and duck enclosures must be located in the rear yard of the property, as defined by the Zoning Ordinance. The duck enclosure can be placed next to a primary or accessory structure if no heating element is within said enclosure. (11) Every duckkeeper shall keep and maintain the required enclosure in a clean, sanitary, and odor fee condition. All coops, attached runs/enclosures, and yards where ducks are kept and maintained shall be cleaned regularly to keep them reasonably free from substances, including but not limited to manure, uneaten feed, feathers, and other such waste that it does not cause the air or environment to become noxious, or offensive, or to be in such condition as to promote the breeding of flies, mosquitoes, or other insects, or to provide habitat, breeding or feeding place for rodents and other animals, or otherwise be injurious to public health. (12) Duck feed shall be stored and kept in containers which make the feed unavailable to rodents, vermin, wild birds, and predators. (13) Ducks shall be kept and handled in a sanitary manner to prevent the spread of communicable diseases among birds or to humans. (14) Any person keeping ducks shall immediately report any unusual illness or death of ducks to the Winnebago County Health Department. (E) Prohibitions (1) The slaughter of ducks is prohibited. (2) Drakes shall be prohibited except for in Rural Holding (RH-35) Districts or unless part of an agricultural operation authorized by the City of Oshkosh Zoning Ordinance Chapter 30 of the Municipal Code. (3) Duckkeeping within the City may only occur on lots containing single and two-family residential land uses. Duckkeeping on lots containing any other land uses is prohibited. (4) Ducks shall not be kept or maintained upon a vacant lot or inside a residential structure, including basements, porches, garages, sheds, or similar storage structures. (a) Exemption: ducklings can be incubated/nurtured indoors for no more than four (4) weeks. (5) Offsite sale of eggs is prohibited except as otherwise permitted by the State of Wisconsin and the United States Department of Agriculture. (6) Ducks with an infectious disease capable of being transmitted from bird to bird or birds to humans, including but not limited to, salmonella, avian influenza, are prohibited and shall be immediately euthanized by a veterinarian. (F) Appeals regarding Determinations to Deny Permit (1) The City of Oshkosh elects not to be strictly bound by the provisions of Chapter 68 Wisconsin Statutes in relation to Appeals of Determinations to Issue Duckkeeping Permits under this Chapter and appeals shall proceed as follows. (2) Per Section 30-344(B)(l) of the City of Oshkosh Municipal Code, any person denied a permit may file an appeal with the Board of Zoning Appeals within ten (10) business days of the date the notice of denial is postmarked. (3) Notices of Appeal shall be filed with the Department of Community Development in writing, specify the reasons for the appeal and be signed by the person making the appeal. (4) The Board of Appeals shall decide whether to uphold or reverse the administrative decision of the Director of Community Development or Designee. (5) The Board of Appeals shall act upon the appeal and issue its written decision within sixty (60) days of the filing of the Notice of Appeal per Section 30-412(H)(l). The decision of the Board of Appeals shall be the final determination in relation to this issue and may be appealed within the time specified and as provided in Section 68.13 Wisconsin Statutes. (G) Revocations of Permits (1) Revocation of permits may be commenced by complaint filed by city staff acting in their official capacity or by any abutting property owner. (2) Complaints shall be filed with the Department of Community Development in writing, specify the reasons the permit should be revoked and be signed by the person making the complaint. (3) Complaints shall be heard before a Hearing Officer who shall be appointed by the City Manager. Any person or party aggrieved by such decision of the Hearing Officer may appeal such decision to the Board of Zoning Appeals by filing a written notice of appeal with the City Clerk within ten (10) business days of mailing of a written order from the Hearing Officer. (4) The Board of Appeals shall decide whether to uphold or reverse the administrative decision of the Hearing Officer. (5) The Board of Appeals shall act upon the appeal and issue its written decision within sixty (60) days of the filing of the Notice of Appeal per Section 30-412(H)(l). The decision of the Board of Appeals shall be the final determination in relation to this issue and may be appealed within the time specified and as provided in Section 68.13 Wisconsin Statutes. (6) Unless appealed as provided above in which case such appeal shall act as a stay upon this provision until a final determination is issued by a court of competent jurisdiction, upon revocation of a permit the property owner shall cease all duck keeping activity on his or her lot within 14 days. Failure to do so shall be considered a violation of this Ordinance. The Director of Community Development or Designee shall have the responsibility of enforcing this provision and may take such action as is necessary to abate such violation.