Loading...
HomeMy WebLinkAbout25. 21-346JUNE 22, 2021 21-346 ORDINANCE FIRST READING (CARRIED______ LOST_______ LAID OVER_______ WITHDRAWN_______) PURPOSE: AMEND ORDINANCES PERTAINING TO DEFINITIONS WITHIN THE ANIMAL ORDINANCE, CHICKEN KEEPING AND BEE KEEPING ORDINANCES; AND CREATE ORDINANCE PERTAINING TO DUCK KEEPING INITIATED BY: SUSTAINABILITY ADVISORY BOARD A GENERAL ORDINANCE OF THE CITY OF OSHKOSH REPEALING AND RECREATING SECTION 6-1 OF THE CITY OF OSHKOSH MUNICIPAL CODE PERTAINING TO DEFINITIONS IN THE ANIMAL ORDINANCES; REPEALING AND RECREATING SECTION 6-3.2 OF THE CITY OF OSHKOSH MUNICIPAL CODE PERTAINING TO URBAN CHICKENKEEPING; REPEALING AND RECREATING SECTION 6-3.3 OF THE CITY OF OSHKOSH MUNICIPAL CODE PERTAINING TO URBAN BEEKEEPING; AND CREATING SECTION 6-3.4 OF THE CITY OF OSHKOSH MUNICIPAL CODE PERTAINING TO URBAN DUCKKEEPING WHEREAS, the City of Oshkosh currently has ordinances allowing for the keeping of chickens and bees within the City; and WHEREAS, the Sustainability Advisory Board recommends addition of an ordinance to allow for the keeping of ducks within the City; and WHEREAS, while reviewing the ordinances for this purpose staff identified various corrections and clarifications within the existing chicken and bee keeping ordinances. NOW, THEREFORE, the Common Council of the City of Oshkosh do ordain as follows: SECTION 1. That Section 6-1 of the City of Oshkosh Municipal Code pertaining to Definitions within the Animal Ordinances is hereby repealed and recreated as shown on the attachment to this ordinance. JUNE 22, 2021 21-346 ORDINANCE FIRST READING CONT’D SECTION 2. That Section 6-3.2 of the City of Oshkosh Municipal Code pertaining to Urban Chickenkeeping is hereby repealed and recreated as shown on the attachment to this ordinance. SECTION 3. That Section 6-3.3 of the City of Oshkosh Municipal Code pertaining to Urban Beekeeping is hereby repealed and recreated as shown on the attachment to this ordinance. SECTION 4. That Section 6-3.4 of the City of Oshkosh Municipal Code pertaining to Urban Duckkeeping is hereby created as shown on the attachment to this ordinance. SECTION 5. This ordinance shall be in full force and effect from and after its passage, and publication. SECTION 6. Publication Notice. Please take notice that the City of Oshkosh enacted ordinance #21-____ AMEND ORDINANCES PERTAINING TO DEFINTIONS WITHIN THE ANIMAL ORDINANCE, CHICKEN KEEPING AND BEE KEEPING; AND CREATE ORDINANCE PERTAINING TO DUCK KEEPING (A GENERAL ORDINANCE OF THE CITY OF OSHKOSH REPEALING AND RECREATING SECTION 6-1 OF THE CITY OF OSHKOSH MUNICIPAL CODE PERTAINING TO DEFINITIONS IN THE ANIMAL ORDINANCES; REPEALING AND RECREATING SECTION 6-3.2 OF THE CITY OF OSHKOSH MUNICIPAL CODE PERTAINING TO URBAN CHICKENKEEPING; REPEALING AND RECREATING SECTION 6-3.3 OF THE CITY OF OSHKOSH MUNICIPAL CODE PERTAINING TO URBAN BEEKEEPING; AND CREATING SECTION 6-3.4 OF THE CITY OF OSHKOSH MUNICIPAL CODE PERTAINING TO URBAN DUCKKEEPING) on July 13, 2021. The ordinance revises the City’s current ordinances to update provisions of the City Municipal Code pertaining to the definitions within the City’s animal ordinances to clarify that the definition of urban chicken shall exclude roosters and to create a definition for Duck. The ordinance also clarifies language within the urban chicken and bee keeping ordinances, provides that fees for these purposes will be set by resolution, provides that a maximum combination of six (6) ducks and chickens will be permitted on a property and makes a modification to the current ordinance to allow chicks to be incubated indoors for a period of four (4) weeks. The ordinance creates a new section for the purpose of permitting persons to keep ducks within the city. The ordinance will require a permit for duckkeeping and sets forth standards that must be met by persons keeping ducks. JUNE 22, 2021 21-346 ORDINANCE FIRST READING CONT’D The full text of the ordinance may be obtained at the Office of the City Clerk, 215 Church Avenue and through the City’s website at www.ci.oshkosh.wi.us. Clerk’s phone: 920/236-5011. City Hall, 215 Church Avenue P.O. Box 1130 Oshkosh, WI 54903-1130 920.236.5000 http://www.ci.oshkosh.wi.us TO: Honorable Mayor & Members of the Common Council FROM: Allen Davis, Community Development Director DATE: June 15, 2021 RE: Amend Ordinances Pertaining to definitions within the Animal Ordinance, Chicken Keeping & Bee Keeping & Create Ordinance Pertaining to Duck Keeping BACKGROUND The proposed amendment is an addition to the Animal Ordinance allowing for Ducks to be kept on one’s property. Sustainability Advisory Board (SAB) voted to recommend approval of the Duck Keeping Ordinance. As staff reviewed passage of the Duck Ordinance, staff identified language in the Chicken and Bee Ordinances which are very similar in content that staff recommends also be updated so all the ordinances coincide. ANALYSIS In 2019 residents expressed interest in Duck Keeping to the Sustainability Advisory Board. In 2020 the Sustainability Advisory Board requested that staff draft an ordinance to allow Duck Keeping within city limits, similar to the Chicken Keeping Ordinance. Staff conducted a city survey and researched if and how Duck Keeping is permitted in other Wisconsin communities. Based on the survey and research, staff and SAB worked through a few versions of the Duck Ordinance and SAB voted to recommend approval of said ordinance on May 3, 2021. With passage of the Duck Ordinance, staff identified some language in the Chicken and Bee Ordinances that staff would also recommend amending and updating at this time. Most of the updates are clarification and updating the appeals procedure to be consistent for all three ordinances. One of the more substantive changes allows for a maximum of six (6) chickens and/or ducks to be kept on one’s property where it used to allow for four (4). A second substantive change would allow for chickens and ducks to be kept indoors during an incubation/nurturing time period of no more than four (4) weeks if needed. Clean and tracked changes versions of the proposed ordinance revisions and the survey results are attached for comparison. RECOMMENDATION Staff recommends adoption of the ordinance as proposed. Respectfully Submitted, Approved: Allen Davis Mark A. Rohloff Community Development Director City Manager CHAPTER6 ANIMALS SECTION 6-1 DEFINITIONS. (A) As Used In This Chapter: (1) Animal includes every living: (a) warm blooded creature, except a human being, (b) reptile, (c) amphibian, (d) bird or (e) bees. (2) Chicken shall mean hens or pullets. No roosters. (3) Duck shall mean heavy body, egg laying hens. No drakes. (4) Owner shall mean and include every person having a right of property in an animal and/or having such animal in his or her care or possession. (5) Reserved. (Repealed 7/1/12) (6) Reserved. (Repealed 7/1/12) (7) Impound or Isolation Facility shall mean the Oshkosh Animal Shelter, a veterinary hospital, or other place specified by the supervising officer who is equipped with a pen or cage which isolates the animal from contact with other animals. (8) Officer shall mean a peace officer as defined under Section 939.22(22) Wis. Stats., a humane officer, or a community service officer. The "supervising officer" shall mean that officer designated by the Chief of Police or his/her designee to supervise the individual case. (9) Reserved. (Repealed 7/1/12) (10) Vaccination Certificate shall mean a certificate dated and signed by a licensed veterinarian stating the brand of vaccine used, manufacturer's serial number of the vaccine used, and describing the animal, age and breed, owner and vaccination tag number indicating that the animal has been immunized against rabies. (11) Vicious Animal shall mean: (a) any animal that, has on two (2) or more reported occasions when unprovoked, bitten, injured, killed, damaged, or attacked a human being or animal on either public or private property; and/or (b) any animal trained or used for fighting against another animal. SECTION 6-3.2 URBAN CHICKENKEEPING (A) Purpose The purpose of this section is to establish regulations applicable to urban chickenkeeping on lots with single and two-family residential uses within the City and is intended to limit issues that might otherwise be associated with unregulated urban chickenkeeping in neighborhoods. By providing reasonable regulations for urban chickenkeeping on properties, the City can support a sustainable activity while setting standards that are practical for chickenkeepers 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) "Chicken" shall mean hens or pullets. (3) "Chickenkeeper" means a person who owns or has charge of one or more chickens on his or her property. (4) "Chicken enclosure, housing facilities, enclosure" means the enclosure inhabited by one or more chickens that is constructed for that purpose. (5) "Lot" means a contiguous parcel of land under common ownership. (6) "Run" shall mean the fenced or enclosed outdoor space provided for chickens. Runs shall be fully enclosed, including the top and all sides. (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 chicken 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 Chickenkeeper shall pay the appropriate fee and obtain a permit to keep chickens on property owned or occupied by the person. (2) A maximum of six (6) chickens 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 chickens also submit a written agreement between the landlord/property owner and applicant, as to the plans for maintenance of the coop and chickens 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) chickens and/or ducks 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 chickenkeeping 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) Standards of Practice Every owner and/or person in charge of keeping chickens shall provide the chickens with shelter and bedding as prescribed in this Section as a minimum. (1) All chickens shall be kept and maintained within a detached, stationary structure used exclusively for the keeping of chickens. Temporary or movable devices or structures shall be prohibited. (a) Exemption: chicks can be incubated/nurtured indoors for no more than four (4) weeks. (2) The housing facilities shall be structurally sound, moisture proof, and maintained in good repair. (3) Chicken enclosures shall be constructed and maintained to provide sufficient space to allow each animal adequate freedom of movement and the retention of body heat. (4) The chicken enclosure’s floor, foundation and footings shall be constructed using a hard, cleanable surface, (e.g., concrete, wood, linoleum, or hard plastic) and shall be resistant to rodents. A dirt floor is not acceptable. (5) A sufficient quantity of suitable clean bedding material, to provide insulation and protection against the cold and dampness and promote the retention of body heat. (6) Chickens shall be provided enclosures that are enclosed, predator-proof, insulated, and adequately ventilated. (7) Chicken enclosures shall measure a minimum of seven (7) square feet in area or three (3) square feet in area per chicken, whichever is greater with one nest box provided per every two (2) chickens. (8) Chicken enclosures must be so constructed and maintained as to prevent rodents from being harbored underneath or within the walls thereof. (9) Chicken feed shall be stored and kept in containers which make the feed unavailable to rodents, vermin, wild birds, and predators. (10) Chicken enclosures shall provide elevated perches to ensure chickens are able to rest in their natural roosting position. (11) No chicken enclosure shall be located closer than 25 feet to any primary residential structure on an adjacent lot and chicken enclosures must be located in the rear yard of the property, as defined by the Zoning Ordinance. The structure must also meet accessory structure setbacks for the lot's zoning district, as regulated by the Zoning Ordinance. (12) Chickens shall be secured with the enclosure during non-daylight hours. (13) In addition to an enclosure, chickens shall be provided access to an outdoor enclosed run area for the majority of daylight hours, weather permitting. (14) Every chickenkeeper shall keep and maintain the required enclosure in a clean, sanitary, and odor fee condition. All chicken enclosures, attached runs/enclosures and yards where chickens are kept or 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 so 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 or other animals, or otherwise be injurious to public health. (15) Chickens shall be kept and handled in a sanitary manner to prevent the spread of communicable diseases among birds or to humans. (16) Any person keeping chickens shall immediately report any unusual illness or death of chickens to the Winnebago County Health Department. (E) Prohibitions (1) The slaughter of chickens is prohibited. (2) Roosters 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) Chickenkeeping within the City may only occur on lots containing single and two-family residential land uses. Chickenkeeping on lots containing any other land uses is prohibited. (4) Chickens 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: chicks can be incubated/nurtured indoors for no more than four (4) weeks. (5) Off site sale of eggs is prohibited except as otherwise permitted by the State of Wisconsin and the United States Department of Agriculture. (6) Chickens 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 Chickenkeeping 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 30-410. 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 30-410. 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 chicken 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. SECTION 6-3.3 URBAN BEEKEEPING (A) Purpose The purpose of this section is to establish requirements for urban beekeeping on lots containing single family residential uses within the city. Honeybees are critical pollinators for flowers, fruits and vegetables. Managed colonies of bees help to increase yields and quality of a large variety of plants commonly found in backyard gardens, parks, and natural areas. A growing interest in renewable resources has prompted more people to take up urban beekeeping as a way to produce their own honey, beeswax, pollen and other hive products that are high in nutritional value. Domestic strains of honeybees have been selectively bred for desirable traits so that they can be kept within populated areas and in reasonable densities. By providing reasonable regulations for urban beekeeping on properties, the City can support a sustainable activity while setting standards that are practical for beekeepers and safe for neighbors. (B) Definitions (1) "Apiary" means the assembly of one or more colonies of bees at a single location which also include wild bee houses constructed by the property owner. (2) "Africanized honey bee" (Apis mellifera scutellata) means a subspecies or hybrid of the common domestic honey bee (Apis mellifera) native to central and southern Africa. (3) "Beekeeper" means a person who owns or has charge of one or more colonies of bees which also includes a person constructing a wild bee house on their property. (4) "Beekeeping equipment" means anything used in the operation of an apiary, such as hive bodies, supers, frames, top and bottom boards and extractors. (5) "Colony" means an aggregate of bees consisting principally of workers, but having, when perfect, one queen and at times drones, brood, combs, and honey. (6) "Hive" means the receptacle inhabited by a colony that is constructed for that purpose. (7) "Honey bee" means all life stages of the common domestic honeybee, apismellifera (African subspecies and Africanized hybrids are not allowed). (8) "Lot" means a contiguous parcel of land under common ownership. (9) "Nucleus colony" means a small quantity of bees with a queen housed in a smaller than usual hive box designed for a particular purpose. (10) "Primary Residential Structure" shall mean any building located on a lot and used for living purposes. (11) "Undeveloped property" shall mean any idle land that is not improved or not in the process of being improved with residential, commercial, industrial, church, park, school or governmental facilities or other structures or improvements intended for human occupancy and the grounds maintained in associations therewith. (C) Permit required (1) No beekeeping may occur on any property in the city unless the Community Development Director or designee issues a permit to the beekeeper on that specific property. The permit will be valid for a single calendar year beginning on January 1st and expiring on December 31st. (2) Every Beekeeper shall pay the appropriate fee and obtain a permit to keep bees on property owned or occupied by the person. (3) A beekeeping permit will only be issued 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 keep bees also submit a written agreement between the landlord/property owner and applicant, as to the plans for maintenance of the hives and bees and their disposition after the applicant vacates the premises. (b) A permit is issued by the Planning Services Division for construction of the required flyaway barrier, if necessary. (4) Permits are personal to the applicant, non-transferrable, and do not attach to or run with the land. (5) 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. (6) If the standards of practice are not established and/or maintained subsequent to issuance of a beekeeping 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) Standards of practice (1) In all zoning districts, the following regulations shall apply: (a) Honey bee colonies shall be kept in hives with removable frames, which must be kept in sound and usable conditions. (b) The maximum size of a hive shall not exceed 15 cubic feet in volume. (c) The maximum number of hives allowed on any lot are based on the size of lot, as follows: (i) Lot size of½ acre or smaller: maximum two (2) hives allowed. (ii) Lot size larger than½ acre but smaller than one acre: maximum four (4) hives allowed. (iii) Lot size of one acre or larger: maximum of six (6) hives allowed. (d) No beehive shall be kept closer than five (5) feet to any lot line and twenty- five (25) feet to a primary residential structure or the permitted placement of a primary residential structure on another parcel, and beehive shall be placed only in the rear or side yard. The entrance of any beehive shall face away from the property line of the adjacent property closest to the beehive. Beekeeping equipment shall be screened to avoid being visible from the street or sidewalk. (e) A solid wall, fence or dense hedge, known as a "flyway barrier," at least six (6) feet in height, must be placed around all beehives located within twenty- five (25) feet of a lot line. This flyway barrier shall be located within five(5)feet of the hive entrance and shall extend at least three (3) feet on either side of the hive (See Appendix X). (f) Flyway Barrier Exemptions. No such flyway barrier shall be required for individual beehives that are located on roofs, porches or balconies at least ten (10) feet above grade. Beekeeping equipment kept on roofs, porches or balconies shall be screened from view. A flyway barrier is not required if the property adjoining the apiary lot line is undeveloped, or is zoned agricultural or non-residential, or is a wildlife management area or naturalistic park land with no horse or foot trails within twenty-five (25) feet of the apiary lot line. (g) A supply of fresh water no smaller than three (3) gallons in size shall be maintained in a location within ten feet of each colony and readily accessible to all bee colonies on the site throughout the day to prevent bees from congregating at neighboring swimming pools or other sources of water on nearby properties. (h) Each beekeeper must ensure that no wax comb or other material that might encourage robbing by other bees are left upon the grounds of the apiary lot. Such materials once removed from the site shall be handled and stored in sealed containers, or placed within a building or other vermin-proof container. (i) Each beekeeper shall maintain his beekeeping equipment in good condition, including keeping the hives painted if they have been painted but are peeling or flaking. (j) Unused equipment shall be secured from weather, potential theft or vandalism and occupancy by swarms. It shall be a violation of this section for any beekeeper's unused equipment to attract a swarm, even if the beekeeper is not intentionally keeping honeybees. Prohibitions. Africanized honey bees (Apis mellifera scutellata) are prohibited and may not be kept on a property under the regulations of this Section. (k) Bees shall not be kept or maintained upon a vacant lot or inside a primary residential structure, including basements, porches, garages, or accessory structure such as garages, sheds, or similar storage structures. (H) 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 Beekeeping 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. (60) The Board of Appeals shall act upon the appeal and issue its written decision within sixty days of the filing of the Notice of Appeal per Section 30-410. 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. (I) 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) City 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 30-410. 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 beekeeping 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. SECTION 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 and is 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 appropriate fee and obtain 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 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 duck enclosures, 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 so 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 and 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 30-410. 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 30-410, 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. 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. City of Oshkosh Municipal Codes Revised 5/14/19 City of Oshkosh Chapter 6 - Page 11 Municipal Codes CHAPTER6 ANIMALS ARTICLE I. DEFINITIONS SECTION 6-1 DEFINITIONS. (A) As Used In This Chapter: (1) Animal includes every living: (a) warm blooded creature, except a human being, (b) reptile, (c) amphibian, (d) bird or (e) bees. (2) Chicken shall mean hens or pullets. No roosters. (2)(3) Duck shall mean heavy body, egg laying hens. No drakes. (3)(4) Owner shall mean and include every person having a right of property in an animal and/or having such animal in his or her care or possession. (4)(5) Reserved. (Repealed 7/1/12) (5) Reserved. (Repealed 7/1/12) (6) Reserved. (Repealed 7/1/12) (7) Impound or Isolation Facility shall mean the Oshkosh Animal Shelter, a veterinary hospital, or other place specified by the supervising officer who is equipped with a pen or cage which isolates the animal from contact with other animals. (8) Officer shall mean a peace officer as defined under Section 939.22(22) Wis. Stats., a humane officer, or a community service officer. The "supervising officer" shall mean that officer designated by the Chief of Police or his/her designee to supervise the individual case. (9) Reserved. (Repealed 7/1/12) (10) Vaccination Certificate shall mean a certificate dated and signed by a licensed veterinarian stating the brand of vaccine used, manufacturer's serial number of the vaccine used, and describing the animal, age and breed, owner and vaccination tag number indicating that the animal has been immunized against rabies. (11) Vicious Animal shall mean: (a) any animal that, has on two (2) or more reported occasions when unprovoked, bitten, injured, killed, damaged, or attacked a human being or animal on either public or City of Oshkosh Municipal Codes Revised 5/14/19 City of Oshkosh Chapter 6 - Page 12 Municipal Codes private property; and/or (b) any animal trained or used for fighting against another animal. SECTION 6-3.2 URBAN CHICKENKEEPING (A) Purpose The purpose of this section is to establish regulations applicable to urban chickenkeeping on lots with single and two-family residential uses within the City and is intended to limit issues that might otherwise be associated with unregulated urban chickenkeeping in neighborhoods. By providing reasonable regulations for urban chickenkeeping on properties, the City can support a sustainable activity while setting standards that are practical for chickenkeepers 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) "Chicken" shall mean hens or pullets. (3) "Chickenkeeper" means a person who owns or has charge of one or more chickens on his or her property. (4) "Chicken enclosure, housing facilities, enclosure" means the enclosure inhabited by one or more chickens that is constructed for that purpose. (5) "Lot" means a contiguous parcel of land under common ownership. (6) "Run" shall mean the fenced or enclosed outdoor space provided for chickens. Runs shall be fully enclosed, including the top and all sides. (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 chicken 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 Chickenkeeper shall pay the City Treasurer prior to January 1 of each year, the sum of Fifteen ($15.00) for pay the appropriate fee and obtain a permit to keep chickens on property owned or occupied by the person. (2) A maximum of six four (64) chickens 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 City of Oshkosh Municipal Codes Revised 5/14/19 City of Oshkosh Chapter 6 - Page 13 Municipal Codes statutory requirements. Tenants submit to the City a written statement of support signed by the property owner. Tenants seeking to raise chickens also submit a written agreement between the landlord/property owner and applicant, as to the plans for maintenance of the coop and chickens 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. (b)(c) Maximum combination of six (6) chickens and/or ducks 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 chickenkeeping 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) Standards of Practice Every owner and/or person in charge of keeping chickens shall provide the chickens with shelter and bedding as prescribed in this Section as a minimum. (1) All chickens shall be kept and maintained within a detached, stationary structure used exclusively for the keeping of chickens. Temporary or movable devices or structures shall be prohibited. (a) Exemption: chicks can be incubated/nurtured indoors for no more than four (4) weeks. (2) The housing facilities shall be structurally sound, moisture proof, and maintained in good repair. (3) Chicken enclosures shall be constructed and maintained to provide sufficient space to allow each animal adequate freedom of movement and the retention of body heat. (4) The coop's chicken enclosure’s floor, foundation and footings shall be constructed using a hard, cleanable surface, (e.g., concrete, wood, linoleum, or hard plastic) and shall be resistant to rodents. A dirt floor is not acceptable. (5) A sufficient quantity of suitable clean bedding material, to provide insulation and protection against the cold and dampness and promote the retention of body heat. (6) Chickens shall be provided enclosures that are enclosed, predator-proof, insulated, and adequately ventilated. (7) Chicken enclosures shall measure a minimum of seven (7) square feet in area or three (3) square feet in area per chicken, whichever is greater with one nest box provided per every two (2) chickens. (8) Chicken enclosures must be so constructed and maintained as to prevent rodents from being harbored underneath or within the walls thereof. (9) Chicken feed shall be stored and kept in containers which make the feed unavailable to rodents, vermin, wild birds, and predators. (10) Chicken enclosures shall provide elevated perches to ensure chickens are able to rest in their natural roosting position. City of Oshkosh Municipal Codes Revised 5/14/19 City of Oshkosh Chapter 6 - Page 14 Municipal Codes (11) No chicken enclosure shall be located closer than 25 feet to any primary residential structure on an adjacent lot and chicken enclosures must be located in the rear yard of the property, as defined by the Zoning Ordinance. The structure must also meet accessory structure setbacks for the lot's zoning district, as regulated by the Zoning Ordinance. (12) Chickens shall be secured with the enclosure during non-daylight hours. (13) In addition to an enclosure, chickens shall be provided access to an outdoor enclosed run area for the majority of daylight hours, weather permitting. (14) Every chickenkeeper shall keep and maintain the required enclosure in a clean, sanitary, and odor fee condition. All coopschicken enclosures, attached runs/enclosures and yards where chickens are kept or 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 so 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 or other animals, or otherwise be injurious to public health. (15) Chickens shall be kept and handled in a sanitary manner to prevent the spread of communicable diseases among birds or to humans. (16) Any person keeping chickens shall immediately report any unusual illness or death of chickens to the Winnebago County Health Department. (E) Prohibitions (1) The slaughter of chickens is prohibited. (2) Roosters 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) Chickenkeeping within the City may only occur on lots containing single and two-family residential land uses. Chickenkeeping on lots containing any other land uses is prohibited. (4) Chickens 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: chicks can be incubated/nurtured indoors for no more than four (4) weeks. (4)(5) Off site sale of eggs is prohibited except as otherwise permitted by the State of Wisconsin and the United States Department of Agriculture. (5)(6) Chickens 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 Chickenkeeping 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 City of Oshkosh Municipal Codes Revised 5/14/19 City of Oshkosh Chapter 6 - Page 15 Municipal Codes 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)410. 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)410. 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 chicken 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. SECTION 6-3.3 URBAN BEEKEEPING (A) Purpose The purpose of this section is to establish requirements for urban beekeeping on lots containing single family residential uses within the city. Honeybees are critical pollinators for flowers, fruits and vegetables. Managed colonies of bees help to increase yields and quality of a large variety of plants commonly found in backyard gardens, parks, and natural areas. AgrowingA growing interest in renewable resources has prompted more people to take up urban beekeeping as a way to produce their own honey, beeswax, pollen and other hive products that are high in nutritional value. Domestic strains of honeybees have been selectively bred for desirable traits so that they can be kept within populated areas and in reasonable densities. By providing reasonable regulations for urban beekeeping on properties, the City can support a sustainable activity while setting standards that are practical for beekeepers and safe for neighbors. City of Oshkosh Municipal Codes Revised 5/14/19 City of Oshkosh Chapter 6 - Page 16 Municipal Codes (B) Definitions (1) "Apiary" means the assembly of one or more colonies of bees at a single location which also include wild bee houses constructed by the property owner. (2) "Africanized honey bee" (Apis mellifera scutellata) means a subspecies or hybrid of the common domestic honey bee (Apis mellifera) native to central and southern Africa. (3) "Beekeeper" means a person who owns or has charge of one or more colonies ofbees which also includes a person constructing a wild bee house on their property. (4) "Beekeeping equipment" means anything used in the operation of an apiary, such as hive bodies, supers, frames, top and bottom boards and extractors. (5) "Colony" means an aggregate of bees consisting principally of workers, but having, when perfect, one queen and at times drones, brood, combs, and honey. (6) "Hive" means the receptacle inhabited by a colony that is constructed for that purpose. (7) "Honey bee" means alllifeall life stages of the common domestic honeybee, apismellifera (African subspecies and Africanized hybrids are not allowed). (8) "Lot" means a contiguous parcel of land under common ownership. (9) "Nucleus colony" means a small quantity of bees with a queen housed in a smaller than usual hive box designed for a particular purpose. (10) "Primary Residential Structure" shall mean any building located on a lot and used for living purposes. (11) "Undeveloped property" shall mean any idle land that is not improved or not in the process of being improved with residential, commercial, industrial, church, park, school or governmental facilities or other structures or improvements intended for human occupancy and the grounds maintained in associations therewith. (C) Permit required (1) No beekeeping may occur on any property in the city unless the Community Development Director or designee issues a permit to the beekeeper on that specific property. The permit will be valid for a single calendar year beginning on January1st and expiring on December 31st. (2) Every Beekeeper shall pay the appropriate fee and obtainpay the City Treasurer prior to January 1 of each year, the sum of Fifteen ($15.00) for a permit to keep bees on property owned or occupied by the person. (3) A beekeeping permit will only be issued 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 keep bees also submit a written agreement between the City of Oshkosh Municipal Codes Revised 5/14/19 City of Oshkosh Chapter 6 - Page 17 Municipal Codes landlord/property owner and applicant, as to the plans for maintenance of the hives and bees and their disposition after the applicant vacates the premises. (b) A permit is issued by the Planning Services Division for construction of the required flyaway barrier, if necessary. (4) Permits are personal to the applicant, non-transferrable, and do not attach to or run with the land. (5) 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. (6) If the standards of practice are not established and/or maintained subsequent to issuance of a beekeeping 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) Standards of practice (1) In all zoning districts, the following regulations shall apply: (a) Honey bee colonies shall be kept in hives with removable frames, which must be kept in sound and usable conditions. (b) The maximum size of a hive shall not exceed 15 cubic feet in volume. (c) The maximum number of hives allowed on any lot are based on the size of lot, as follows: (i) Lot size of½ acre or smaller: maximum two (2) hives allowed. (ii) Lot size larger than½ acre but smaller than one acre: maximum four (4) hives allowed. (iii) Lot size of one acre or larger: maximum of six (6) hives allowed. (d) No beehive shall be kept closer than five (5) feet to any lot line and twenty- five (25) feet to a primary residential structure or the permitted placement of a primary residential structure on another parcel, and beehive shall be placed only in the rear or side yard. The entrance of any beehive shall face away from the property line of the adjacent property closest to the beehive. Beekeeping equipment shall be screened to avoid being visible from the street or sidewalk. (e) A solid wall, fence or dense hedge, known as a "flyway barrier," at least six (6) feet in height, must be placed around all beehives located within twenty- five (25) feet of a lot line. This flyway barrier shall be located within five(5)feet of the hive entrance and shall extend at least three (3) feet on either side of the hive (See Appendix X). (f) Flyway Barrier Exemptions. No such flyway barrier shall be required for individual beehives that are located on roofs, porches or balconies at least ten (10) feet above grade. Beekeeping equipment kept on roofs, porches or balconies shall be screened from view. A flyway barrier is not required if the property adjoining the apiary lot line is undeveloped, or is zoned agricultural or non-residential, or is a wildlife management area or naturalistic park land with no horse or foot trails within twenty-five (25) feet of the apiary lot line. (g) A supply of fresh water no smaller than three (3) gallons in size shall be maintained in a location within ten feet of each colony and readily accessible City of Oshkosh Municipal Codes Revised 5/14/19 City of Oshkosh Chapter 6 - Page 18 Municipal Codes to all bee colonies on the site throughout the day to prevent bees from congregating at neighboring swimming pools or other sources of water on nearby properties. (h) Each beekeeper must ensure that no wax comb or other material that might encourage robbing by other bees are left upon the grounds of the apiary lot. Such materials once removed from the site shall be handled and stored in sealed containers, or placed within a building or other vermin-proof container. (i) Each beekeeper shall maintain his beekeeping equipment in good condition, including keeping the hives painted if they have been painted but are peeling or flaking. (j) Unused equipment shall be secured from weather, potential theft or vandalism and occupancy by swarms. It shall be a violation of this section for any beekeeper's unused equipment to attract a swarm, even if the beekeeper is not intentionally keeping honeybees. Prohibitions. Africanized honey bees (Apis mellifera scutellata) areprd1ibiia:landare prohibited and may not be kept on a property under the regulations of this Section. (k) Bees shall not be kept or maintained upon a vacant lot or inside a primary residential structure, including basements, porches, garages, or accessory structure such as garages, sheds, or similar storage structures. (H) 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 Beekeeping 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)410. 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. (I) 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 City of Oshkosh Municipal Codes Revised 5/14/19 City of Oshkosh Chapter 6 - Page 19 Municipal Codes with the City Clerk within ten (10) City 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)410. 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 beekeeping 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. SECTION 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 and is 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 appropriate fee and obtain a permit to keep ducks on property owned or occupied by the person. City of Oshkosh Municipal Codes Revised 5/14/19 City of Oshkosh Chapter 6 - Page 20 Municipal Codes (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 City of Oshkosh Municipal Codes Revised 5/14/19 City of Oshkosh Chapter 6 - Page 21 Municipal Codes 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 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 duck enclosures, 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 so 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 and avian influenza, are prohibited and shall be immediately euthanized by a veterinarian. (F) Appeals regarding Determinations to Deny Permit City of Oshkosh Municipal Codes Revised 5/14/19 City of Oshkosh Chapter 6 - Page 22 Municipal Codes (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 30-410. 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 30-410, 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. (1) 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.