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HomeMy WebLinkAbout11-139MARCH 22, 2011 MARCH 8, 2011 (CARRIED 5 -2 LOST AS AMENDED 11 -109 11 -139 ORDINANCE LAID OVER WITHDRAWN ) PURPOSE: APPROVE AMENDMENT TO CHAPTER 6 - ANIMALS, TO ALLOW URBAN CHICKENS IN R -1 (SINGLE FAMILY RESIDENCE) DISTRICT OR R -2 (TWO FAMILY RESIDENCE) DISTRICT INITIATED BY: COMMON COUNCIL BOARD OF HEALTH RECOMMENDATION: APPROVED SUSTAINABILITY ADVISORY BOARD RECOMMENDATION: APPROVED A GENERAL ORDINANCE OF THE CITY OF OSHKOSH PERTAINING TO ALLOWING CHICKENS IN THE CITY OF OSHKOSH AS PART OF CHAPTER 6 OF THE OSHKOSH MUNICIPAL CODE BY AMENDING SECTION 6 -1 (2) DEFINITIONS; ARTICLE II. IS RETITLED LICENSING OF ANIMALS; SECTION 6 -2 STATE STATUTES ADOPTED IS REPEALED AND RECREATED; SECTION 6 -3 LICENSE REQUIRED AMENDED TO ADD (D); SECTION 6 -4 LICENSE FEES REPEALED AND RECREATED; SECTION 6 -5 STATE STATUTES ADOPTED IS AMENDED TO ADD WIS. STAT. 95.51; SECTION 6- 6(A)(1) ANIMALS, FOWL, AND INSECTS NOT PERMITTED IN CITY REPEALED AND RECREATED; SECTION 6 -7 (C), (J) AND (K) CRUELTY TO ANIMALS REPEALED AND RECREATED; SECTION 6 -8 RETITLED LIMIT NUMBER OF ANIMALS AND 6 -8 (C) RECREATED AND FORMER (C) BECOMES (D); SECTION 6 -12 RETITLED ANIMAL NOISE. The Common Council of the City of Oshkosh does ordain as follows: SECTION 1. That Chapter 6, Animals, Section 6 -1 of the Oshkosh Municipal Code pertaining to Definitions is hereby amended to add the following (2) and renumbered thereafter: (2) Chicken shall mean hens or pullets. SECTION 2. That Chapter 6, Animals, the title of Article II of the Oshkosh Municipal Code pertaining to Licensing of Dogs and Cats is hereby repealed and recreated to read as follows: Article II. LICENSING OF ANIMALS SECTION 3. That Chapter 6, Animals, Section 6 -2 of the Oshkosh Municipal Code pertaining to State Statutes Adopted is hereby repealed and recreated to read as follows: SECTION 6 -2 STATE STATUTES ADOPTED The rules and regulations pertaining to licensing, specifically Sections 174.001, 174.05, 174.053, 174.054, 174.055, 174.07 and 95.51 Wisconsin Statutes and Chapter ATCP 17, Wisconsin Administrative Code, together with any future additions, deletions or supplements thereto, are herewith incorporated as part of this Chapter and shall be enforced with the same force and effect as though set forth in full herein. Providing, however, that where such rules and regulations are less stringent than other provisions found in this Code, the provisions of this Code shall apply. The rules and regulations pertaining to licensing shall apply also to cats and chickens within the city of Oshkosh. SECTION 4. That Chapter 6, Animals, Section 6 -3 License Required of the Oshkosh Municipal Code pertaining to License; Required is hereby amended to add (D) to read as follows: (D) No person shall keep or maintain any chicken within the city limits prior to obtaining an annual license from the City and registration with the State. The City license year shall commence on January 1 of each year and licenses shall expire on December 31 of that year. The license and any associated fee is to keep chickens and not per chicken. Prior to licensing by the City, the owner must provide proof of State Livestock Registration. SECTION 5. That Chapter 6, Animals, Section 6 -4 of the Oshkosh Municipal Code pertaining to License; Fees is hereby repealed and recreated to read as follows: SECTION 6 -4 LICENSE; FEES Every owner of a dog or cat shall pay the City Treasurer prior to January 1 of each year, the sum of Five Dollars ($5.00) for each dog or cat, except that the fee shall be Twelve Dollars ($12.00) for each unneutered male dog or cat or unspayed female dog or cat. Every owner of a chicken shall pay the City Treasurer prior to January 1 of each year, the sum of Ten dollars ($10.00) for a chicken license. In the event such license fee is not paid prior to April 1 or within 30 days of acquiring ownership of a licensable dog or cat or chicken, or if the owner failed to obtain a license on or before the date the dog or cat reached licensable age, an additional fee of Seven Dollars ($7.00) shall be assessed and collected. SECTION 6. That Chapter 6, Animals, Section 6 -5 - State Statutes Adopted, of the Oshkosh Municipal Code pertaining to State Statutes Adopted, is amended to add Wis. Stat. 95.51 Livestock Premises Registration and the last paragraph is hereby amended to read as follows: The rules and regulations pertaining to licensing, impoundment, running at large and untagged, and rabies control shall apply also to cats and chickens within the city of Oshkosh. SECTION 7. That Chapter 6, Animals, Section 6 -6 of the Oshkosh Municipal Code pertaining to Animals, Fowl, and Insects Not Permitted in City, Section 6 -6 (A)(1) is hereby repealed and recreated to read as follows: (1) Any fowl or poultry (exception for chickens in R -1 or R -2), cattle, horses, sheep, swine, goats, pot - bellied pigs, or any other domesticated livestock, unless part of an agricultural operation authorized by the City of Oshkosh Zoning Ordinance Chapter 30 of the Municipal Code. SECTION 8. That Chapter 6, Animals, Section 6 -7 of the Oshkosh Municipal Code pertaining to Cruelty to Animals, Section (C) is hereby repealed and recreated to read as follows: (C) Every owner and /or person in charge or control of any animal which is kept outdoors, or in an unheated enclosure, shall provide such animal with shelter and bedding as prescribed in this Section as a minimum. (1) The housing facilities shall be structurally sound, moisture proof and maintained in good repair. (2) Enclosures shall be constructed and maintained to provide sufficient space to allow each animal adequate freedom of movement and the retention of body heat. (3) A solid floor raised at least 2" off the ground (exception for chickens). (4) An entrance covered by a self - closing swinging covering, or an L- shaped entrance to prevent the wind from blowing directly into the house (exception for chickens). (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) During the months of May through September, inclusive, paragraphs 4 and 5 above may be suspended (exception for chickens). (7) Chickens shall be provided enclosures that are enclosed, predator - proof, insulated and adequately ventilated. (8) 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. (9) Chicken enclosures must be so constructed and maintained as to prevent rodents from being harbored underneath or within the walls thereof. (10) Chicken enclosures shall provide elevated perches to ensure chickens are able to rest in their natural roosting position. (11) No chicken enclosure, food storage unit, or waste compost shall be located closer than 25 feet to any primary residential structure on an adjacent lot and must be located in the rear yard of the property, as defined by the Zoning Ordinance. The structure must also meet accessory structure setbacks, 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. SECTION 9. That Chapter 6, Animals, Section 6 -7 of the Oshkosh Municipal Code pertaining to Cruelty to Animals, Section (J) is added and the following section is renumbered (K) to read as follows: (J) The slaughter of chickens is prohibited. (K) The performance of any act prohibited by this Section, or the non- performance of any act required by it, shall be deemed cruelty to animals. SECTION 10. That Chapter 6, Animals, Section 6 -8 of the Oshkosh Municipal Code pertaining to Limit Number of Dogs and Cats the title and (C) are hereby repealed and recreated and the former (C) is changed to (D): ARTICLE 6 -8 LIMIT NUMBER OF ANIMALS A maximum of four (4) chickens may be kept per residential lot in areas zoned R -1 (Single Family Residence) District or R -2 (Two Family Residence) District provided that all families living in the R -2 property where a chicken license is requested consent to the presence of chickens and written consent from all abutting neighbors property SECTION 11. That Chapter 6, Animals, the title of Section 6 -12 of the Oshkosh Municipal Code pertaining to Barking Dogs is hereby repealed and recreated to read as follows: SECTION 6 -12 ANIMAL NOISE SECTION 12. This ordinance shall be in full force and effect on July 1, 2011 and after its passage and publication. SECTION 13. Publication Notice. Please take notice that the City of Oshkosh enacted ordinance #11 -139 (Amendment to Chapter 6 - Animals, To Allow Urban Chickens In R -1 (Single Family Residence) District Or R -2 (Two Family Residence) District), on (March 22, 2011). The ordinance amendment includes provisions for allowing urban chickens in R -1 or R -2 residential districts provided that ordinance requirements for licensing and the keeping of chickens are met. 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: Oy297P491c17ilmI BOLD & ITALIC INDICATES AMENDMENTS O.fHKOlH ON THE WATER TO: Honorable Mayor and Members of the Common Council r�. FROM: Darryn Burich d� Director of Planning Services DATE: March 15, 2011 RE: Approve Amendment to Chapter 6 - Animals, to Allow Chickens in R -1 (Single Family Residence) District or R -2 (Two Family Residence) District (Sustainability Advisory Board and Board of Health Recommends Approval) BACKGROUND At the March 8, 2011 Council meeting, questions were raised regarding certain elements of the proposed ordinance amendment. Staff has reviewed the issues raised and believes that the Council may wish to consider the following changes to the proposed ordinance to address those issues: One nest box per hen was mentioned in the memo but not included in the amendment. This item was inadvertently left out of the proposed amendment. If the Council would like to add this item to the proposed ordinance: I move that Section 8 (C) 8 be amended to read: 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 chicken. 2. There were questions regarding the permitted location of chicken coops within residential lots. Staff believes that the intention was to treat coops as accessory structures and permit coops only in the rear yards. If the Council would like to clarify this item in the proposed ordinance: I move that Section 8 (C) I 1 be amended to read: No chicken enclosure, food storage unit, or waste compost shall be located closer than 25 feet to any primary residential structure on an adjacent lot and must be located in the rear yard of the property, as defined by the Zoning Ordinance. The structure must also meet accessory structure setbacks as regulated by the Zoniny, Ordinance. In addition, while it might be assumed, staff also wanted to clarify that run areas for the chickens must be enclosed. If the Council would like to add this item to the proposed ordinance: I move that Section 8 (C) 13 be amended to read: In addition to an enclosure, chickens shall be provided access to an outdoor enclosed run area for the majority of daylight hours, weather permitting. 4. Finally, staff also wanted additional time to prepare and train staff if ordinance is approved and would like to make the effective date of the ordinance July 1, 2011. If the Council would like to add this item to the proposed ordinance: I move that Section 12 be amended to read: This ordinance shall be in full force and effect from and after its passage and publication to be effective on July 1, 2011. RECOMMENDATION The Sustainability Advisory Board approved of the ordinance amendments at its February 7, 2011 meeting and the Board of Health approved of the ordinance elements at their October 27, 2010 meeting. Staff would also recommend approval of the three proposed amendments in this memorandum. Approved, City Manager OIHl(O H ON THE WATER TO: Honorable Mayor and Members of the Common Council FROM: Darryn Burich Director of Planning Services DATE: March 3, 2011 RE: Approve Amendment to Chapter 6 - Animals, to Allow Chickens in R -1 (Single Family Residence) District or R -2 (Two Family Residence) District (Sustainability Advisory Board and Board of Health Recommends Approval) BACKGROUND Permitting chicken keeping in urban areas has been a topic of interest in many communities recently and one that has been of special interest for "sustainability" type boards given some of the stated environmental benefits of producing your own eggs, natural fertilizer, and pest control. Last August, the Council directed the Sustainability Advisory Board (SAB) and the Board of Health to look at constructing an ordinance to allow chickens in residential areas in the city of Oshkosh. The SAB and its Environmental Subcommittee, and Planning staff, took up the task of developing a list of elements that would be included in such an ordinance. These elements were presented to the Board of Health on October 27, 2010 and the Board stated that chickens would not pose a health risk as long as the ordinance elements recommended by the SAB were met. In addition, the Board of Health also felt that an educational element should be included in the licensing process of the chickens. The SAB is proposing that two brochures on "how to raise urban chickens" and "how to compost chicken waste" be provided when a license is issued. On November I", the SAB held a meeting where urban chickens were extensively discussed which conversation included a Wisconsin Poultry Specialist and current chicken owners (not located in the city). Attached please find the agenda and minutes from that meeting. After those meetings staff developed the ordinance and presented it before the SAB at its February 7, 2011 meeting where it was recommended (please see attached minutes and agenda). ANALYSIS The agreed upon elements were as follows: 1) No person shall keep or maintain any domestic fowl within the City limits prior to obtaining an annual license from the City. Any person who chooses to keep or maintain any domestic fowl must register the address where the fowl are to be kept with the State (Wisconsin Statutes 95.51 and Chapter ATCP 17, Wisconsin Administrative Code) (Section 6 -2, Section 6 -3, Section 6 -5) 2) Roosters are prohibited (Section 6 -1). 3) The slaughter of chickens is prohibited (Section 6 -7). 4) A maximum of 4 hens may be kept per residential lot in areas zoned R -1, (Single Family Residence District), or R -2 (Two Family Residence District) (Section 6 -8). 5) Chickens shall be provided an enclosed, predator - proof, insulated enclosure that is adequately ventilated and sufficient in size to allow free movement of the chickens. All enclosures must conform to the following standards (Section 6 -7): a. Measure a minimum of seven (7) square feet in area or three (3) square feet in area per chicken, whichever is greater. b. Constructed and maintained as to prevent rodents from being harbored underneath or within the walls thereof. c. Elevated perches to ensure the chickens are able to rest in their natural roosting position. d. One nest box per hen. e. Kept in good repair, in a clean and sanitary condition, and free from all objectionable odors at all times. 6) No enclosure, food storage unit, or waste compost shall be located closer than 25 feet to any primary residential structure on an adjacent lot (Section 6 -7). 7) Chickens shall be secured within the enclosure during non - daylight hours (Section 6 -7). 8) In addition to an enclosure, hens shall be provided an outdoor chicken run (Section 6 -7). 9) Chickens must have outdoor access for the majority of daylight hours, weather permitting (Section 6 -7). 10) Chickens must have regular access to nutritious food formulated to meet the nutrient requirements of chicks or adult chickens, as appropriate, and continuous access to clean, potable water (Section 6 -7). 11) No person shall permit any chicken to be at large within the city (Section 6 -17 and 17 -33). 12) No person shall permit any chicken to be a nuisance to any neighbors, including but not limited to, objectionable odors from the animals or their enclosure and noise of a loud, persistent, and/or habitual nature (Section 6 -12 and Section 17 -31). 13) City Health staff and/or inspections staff retain the right to inspect chicken enclosures with issues of objectionable odors, issues of human and /or bird health, or concerns with sanitation (Section 17 -38). 14) Cruelty to any chicken is prohibited (Section 6 -7). All of the above items are either already addressed in the municipal code or addressed in the attached proposed amendment to Chapter 6 except items 12 and 13, which are already addressed in Chapter 17 — Morals & Conduct. Staff is making the additional recommendation of requiring consent from all families living in R -2 properties where a chicken license is requested. The Health Department will enforce the ordinance. In addition, the City Manager has requested a delayed effective date for this ordinance for time to train licensing staff. FISCAL IMPACT The proposed license fee is 10 dollars ($10.00) per license (up to 4 chickens per license). RECOMMENDATION The Sustainability Advisory Board approved of the ordinance amendments at its February 7, 2011 meeting and the Board of Health approved of the ordinance elements at their October 27, 2010 meeting. Approved, City Manager 0 0 _fHK0fH pi 1 E WLiBI 115 Cnu�a n.e. wmvitm unm.nn rn se�ol ltn TO: Sustainability Advisory Board FROM: Justin Mitchell, Chair DATE: October 26, 2010 RE: November 1, 2010 Meeting PLEASE BE ADVISED that the Sustainability Advisory Board will hold a regular meeting Monday, November 1, 2010 at 4 PM, in Room 404 of Oshkosh City Hall, 215 Church Avenue, Oshkosh, Wisconsin to act on the following agenda: AGENDA I TIME PURPOSE _ . l r roll cal 1 Calto o 2 2. Approve minutes of the October meeting 3 3. Public comment 10 4. Proposed Energy Efficiency Conservation Block 20 Update and Grant (EECBG) Facility Improvement Measures Discussion (FIMs) — Matt DeMeuse, McKinstry and Jon Urben, General Se rvices 5. Urban Chickens, Recommended elements to 10 Review include in an ordinance, Justin Mitchell 6. Urban Chickens, Brent and Andrea, Chicken 10 Presentation Owners 7. Urban Chickens, Ron Kean, Wisconsin Poultry 40 Presentation and Specialist Discussion 8. Next meeting Monday, December 6 9. Adjourn If you are unable to attend this meeting or if you have any questions, please contact Robin Leslie at rleslie(a7ci.oshkosh.wi.us or the Planning Services office at 236 -5059. MINUTES SUSTAINABILITY ADVISORY BOARD November 1, 2010 Present: Steve Barney, Kimberly Biedermann, Michelle Bogden Muetzel, Bob Breest, Margy Davey, Justin Mitchell, Jan Scalpone Excused: Bob Poeschl, Andrew Sabai Staff: Darryn Burich, Planning Director, Robin Leslie, Principal Planner, Shelly Reinke, Planning Assistant, Allen Davis, Community Development Director, John Urben, Director of General Services CALL TO ORDER The meeting was called to order at 4:00 by Chair Justin Mitchell. APPROVE MINUTES Motion by Marg Davey and second by Bob Breest to approve the minutes from the last meeting. Motion carried. PUBLIC COMMENT None ENERGY EFFICIENCY CONSERVATION BLOCK GRANT (EECBG) FACILITY IMPROVEMENT MEASURES (FIMs) Jon Urben stated Matt DeMeuse from McKinstry was ill and that instead, he would provide an update on the EECBG, which is a $634,000 grant from the Department of Energy. He stated that the bids were competitive and that the City was ready to proceed with awarding the bids. Steve Barney was concerned that City staff waited until the final step of the process to inform the Board. He said he was disappointed. Robin Leslie stated that the EECBG information was given to the Board at the last meeting. John Urben stated they achieved their goals as directed by the City Manager and that any input the Board would like to make, to direct those comments to him as they may have surplus funds after the proposed projects are completed. URBAN CHICKEN ORDINANCE ELEMENTS Justin Mitchell provided an update on the urban chicken ordinance by presenting a summary of ordinance provisions for the Board to consider. He said that the City Manager asked the Board of Health to take a look at the issues. He stated he provided an overview to the Board of Health at their last meeting and invited them to this meeting. The Board of Health approved a motion to support the creation of an ordinance that included the elements that were presented to them. Steve Barney stated he was not comfortable voting on this at this time because he thought the Board needed more time to discuss the issues. Bob Breest suggested that this item be further discussed after the presentations. URBAN CHICKEN PRESENTATIONS Brent and Andrea Schneider provided a short video about their chickens and coop. They stated they live just outside of the city and havel l chickens in an 8-foot by 8-foot enclosure. They stated each chicken produces one egg per day and that that the benefits outweigh the effort involved in caring for them. They stated they feed them all food scraps except fats and meats to their chickens, which cuts back on waste. In addition, they stated chickens need 14 hours of daylight per day (real or artificial) otherwise they will stop laying eggs. The Board then began a discussion on humane treatment of the chickens and square footage needs for the coop. There were no public comments after this presentation. Ron Kean, UW Animal Science Department, stated he has worked with chickens for a long time. He also stated that there is always the potential for health issues such as salmonella, but these same issues can arise with other pets such as turtles and dogs. He stated that smell, noise and rodents can also be issues and that the hens will cackle when laying eggs, but they are no noisier than a dog barking. In addition, he stated the hens sleep at night and smell and rodent issues can be managed with good cleaning and feed - management procedures. He also stated the average wingspan for chickens, depending upon breed, is 20 -30 inches. Justin Mitchell asked Mr. Kean to make a recommendation for minimum coop and run size. He stated three square feet per chicken is good for a small number of chickens in a coop, but if there is only one chicken there should be a minimum space of 6 -7 square feet. He also stated the bigger the better for run size. He recommended either the same size as the coop or to double the size of the coop. He stated if the area is too small, there will be no plant /green area because the chickens will turn the area to dirt. He suggested a minimum of six square feet per bird for the run. Mr. Kean also encouraged insulation and ventilation in the coop. In regards to heat, he stated you could treat them the same as other pets or that a heat lamp in an insulated area would be sufficient. The Board then began a discussion of organic farming, wingspans and runs, setbacks, chicken tractors, enclosures, animal protection laws, killing, education, and sick chickens. Cristina Hoyt, Oshkosh resident, asked if Madison required heated coops, if there were particular breeds that were winter hardy and about water in the winter. Mr. Kean replied that Madison did not require heated coops, some Canadian breeds with small combs were considered hardier than others and that chickens should be provided unfrozen water at least two times per day. He also stated the Madison ordinance is very open and unspecific and that chickens should be considered as pets and there should be no need to micromanage them. Dan Hoyt, Oshkosh resident:, asked Brent and Andrea Schneider about their run size. They stated their run was about four feet by 16 feet. He also asked about egg washing. Mr. Kean stated that if the eggs are for personal consumption, you do not have to follow USDA requirements. Eggs must be refrigerated and if they are visually clean, you do not need to wash. He said it was better to clean eggs dry as adding water to clean the eggs can create bacteria growth. If you must wash the eggs, wash with warm water with a little soap. Justin Mitchell asked Mr. Kean what he thought about the recommended ordinance elements. Mr. Kean stated if what is proposed is the equivalent of what other cities are doing, then he thinks those elements would be sufficient. Steve Barney stated he was not impressed with what other cities have done URBAN CHICKEN ORDINANCE ELEMENTS (continued) Motion by Justin Mitchell and second by Jan Scalpone to add a minimum of seven square feet for coop size to the ordinance elements. Motion by Steve Barney to amend the motion to be nine square feet. Motion failed for a lack of second. Original motion carried 6 -1 (Steve Barney voting against). Motion by Justin Mitchell and second by Jan Scalpone to direct staff to draft an ordinance based on suggested elements, as amended. Motion carried 6 -1 (Steve Barney voting against). Bob Breest asked for a clarification if the chickens would be treated as livestock or pets in the city ordinance. Darryn Burich stated they would be in the animal section of the ordinance as pets. Steve Barney asked again if chickens would be protected by animal - cruelty laws. Justin Mitchell directed staff to follow up with the City attorney. NEXT MEETING Chair Mitchell reminded the Board the next regularly scheduled meeting was Monday, December 6 at 4:00 pm and that the Board would be discussing goals for next year and identifying what goals were met and /or not met for this year. ADJOURN Motion by Margy Davey and second by Kim Biedermann to adjourn the meeting. Motion carried. Meeting adjourned at 6:00 pm. Respectfully submitted, Robin Leslie Principal Planner on�KO.rH oa ire w�re� TO: Sustainability Advisory Board FROM: Justin Mitchell, Chair DATE: January 31, 2011 RE: February 7, 2011 Meeting PLEASE BE ADVISED that the Sustainability Advisory Board will hold a regular meeting Monday, February 7, 2011 at 4 PM, in Room 404 of Oshkosh City Hall, 215 Church Avenue, Oshkosh, Wisconsin to act on the following agenda: AGENDA ITEM TIME PURPOSE 1. Call to order, roll call 2 _ 2. Approve minutes of t he January meeting 3 3. Public comm 10 4. Set July & September 2011, January 2012 Meeting 3 Discussion dates (1 M ondays a re holidays 5. Residential Stormwater Credit Program 20 Update & Discussion 6. SAB Websit Public Tran sportation Handout 3 Discussion 7. 2011 State of City Dis - March 21' Discussion 8. Sustainability nnual Report Planning Discussion 9. PSC and EPA's Fix a Leak Week Update & Discussion 10. Urban Chicken Ordinance Update & Discussion 11. Sustainability Plan Change Recommendations Discussion 12. Next meeting Mond March 7 3 13. 2010 Goals Review/2011 Goal Setting 30 Discussion (not televised but open to public) 14. Adjourn If you are unable to attend this meeting or if you have any questions, please contact Robin Leslie at rleslie(a )ci.oshkosh.wi.us or the Planning Services office at 236 -5059. MINUTES SUSTAINABILITY ADVISORY BOARD February 7, 2011 Present: Steve Barney, Michelle Bogden Muetzel, Margy Davey, Justin Mitchell, Jan Scalpone Excused: Kimberly Biedermann, Bob Breest, Bob Poeschl, Allan Siman Staff: Robin Leslie, Principal Planner CALL TO ORDER The meeting was called to order at 4:00 p.m. by Chair Justin Mitchell. APPROVE MINUTES Motion by Jan Scalpone and second by Margy Davey to approve the minutes from the last meeting. Motion carried 5 -0. PUBLIC COMMENT None JULY & SEPTEMBER 2011 /JANUARY 2012 MEETING DATES Robin Leslie mentioned that the regularly scheduled meetings for these months fall on City holidays. Motion by Justin Mitchell and second by Jan Scalpone to cancel the July and September meetings and to move the January meeting to the second Monday of the month, January 9 Steve Barney stated he was opposed to lack of frequency of meetings. Motion carried 4 -1 (Barney voting against). RESIDENTIAL STORMWATER CREDIT PROGRAM Dave Patek and James Rabe, both of the Public Works Department, gave the Board an update on how this program works. The Board then discussed the program with the Public Works representatives. SAB WEBSITE UPDATES: PUBLIC TRANSPORTATION HANDOUT Justin Mitchell mentioned this item needs to be updated. Jan Scalpone volunteered to update the handout. Mr. Mitchell reminded the Board that if anyone would like to work on the website to please volunteer. 2011 STATE OF THE CITY DISPLAY -MARCH 21 Robin Leslie stated that the City Manager invited the Board to provide a display area at the State of the City event on March 21` Steve Barney volunteered to man the display but stated he would like an additional person to help. SUSTAINABILITY ANNUAL REPORT PLANNING Robin Leslie mentioned to the Board that as a result of the Sustainability Workshop she attended, the City was compiling an annual sustainability report and solicited assistance from the Board to forward SAB accomplishments that may be highlighted in the report. PSC AND EPA's FIX A LEAK WEEK The Board discussed Fix A Leak Week, which is March 14 -20tH City of Oshkosh Municipal Codes Revisions thru Motion by Margy Davey and second by Jan Scalpone to recommend the following: 1. Confirm partnership with the PSC on this initiative, 2. City draft a 1 -2 page document detailing leak detection efforts and estimated benefits of efforts (already included in current utility hills); 3. Draft a press release for posting on the main city website, along with a link to the following: http: / /wwwa;ov/WaterSense /dots /fixaleak familyfactsheet508.pdf (Also post this link on the SAB website and utilities website) 4. Recommend the city pursue a partnership with the school district to make students aware of this initiative through use of the EPA's Fix A Leak Teachers Guide ( http: / /www.epa.gov/WaterSense /does / fixaleak teach erguide508.pdf or other related material. 5. Recommend that a brief ( >1 min) public service announcement be created for OCMS TV and Radio based upon the EPAs Leak Identification and Statistics found here: littp://www.epa.gov/WaterSense/pubs/fixleak.html Motion carried 5 -0. URBAN CHICKEN ORDINANCE Robin Leslie mentioned the following agreed upon elements were added to the existing Chapter 6, Animals, of the Municipal Code or were already covered in the chapter: 1) No person shall keep or maintain any domestic fowl within the City limits prior to obtaining an annual license from the City. Any person who chooses to keep or maintain any domestic fowl must register the address where the fowl are to be kept with the State (S. 95.5 1, Wis. Stats. And ch. ATCP 17, Wis Adm. Code). 2) Roosters are prohibited. 3) The slaughter of chickens is prohibited. 4) A maximum of 4 hens may be kept per residential lot in areas zoned R -1, (Single Family Residence District), or R -2 (Two Family Residence District) 5) Chickens shall be provided an enclosed, predator - proof, insulated enclosure that is adequately ventilated and sufficient in size to allow free movement of the chickens. All enclosures must conform to the following standards: 6) Enclosures shall measure a minimum of seven (7) square feet in area or three (3) square feet in area per chicken, whichever is greater. 7) Enclosures must be so constructed and maintained as to prevent rodents from being harbored underneath or within the walls thereof. 8) Enclosures shall provide elevated perches to ensure the chickens are able to rest in their natural roosting position. 9) Each enclosure shall provide one nest box per hen. 10) Enclosures shall be kept in good repair, in a clean and sanitary condition, and free from all objectionable odors at all times. I 1) No enclosure, food storage unit, or waste compost shall be located closer than 25 feet to any primary residential structure on an adjacent lot. City of Oshkosh Chapter 6 - Page 2 Municipal Codes City of Oshkosh Municipal Codes Revisions thru 12) Chickens shall be secured within the enclosure during non - daylight hours. 13) In addition to an enclosure, hens shall be provided an outdoor chicken run. 14) Chickens must have outdoor access for the majority of daylight hours, weather permitting. 15) Chickens must have regular access to nutritious food formulated to meet the nutrient requirements of chicks or adult chickens, as appropriate, and continuous access to clean, potable water. 16) No person shall permit any chicken to be at large within the City in accordance with Section 6 -17 of this code. 17) No person shall permit any chicken to be a nuisance to any neighbors, including but not limited to, objectionable odors from the animals or their enclosure and noise of a loud, persistent, and /or habitual nature (this is addressed in chapter 17.) 18) City Health staff and/or inspections staff retain the right to inspect chicken enclosures with issues of objectionable odors, issues of human and /or bird health, or concerns with sanitation (this item is addressed in Chapter 17, Morals & Conduct, of the Municipal Code). 19) Cruelty to any chicken is prohibited in accordance with Section 6 -7 of this code. The Board discussed the proposed ordinance. Motion by Jan Scalpone to approve proposed ordinance changes as presented. Motion failed for lack of second. Motion by Justin Mitchell and second by Margy Davey to approve the proposed ordinance changes with the following changes: Section 6 -8 (D) Remove "provided that all families living in the R -2 property where a chicken license is requested consent to the presence of chickens." Section 6 -12 Title, `Barking Dogs," should be changed to "Animal Noise." Motion carried 5 -0. SUSTAINABILITY PLAN CHANGE RECOMMENDATIONS The Board discussed the submitted change recommendations from Board members and acted on the following: Justin Mitchell: Environmental Conservation 1) Environmental Conservation: Replace "the watershed drains almost 12 percent of the state" with a sentence that describes what watershed and what it means to drain 12 percent of the state ". The current sentence is uninformative and unhelpful. 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C ca �a�� Z� o -0 U N c N m v ��— �� N c .0 N cu Q ,� v O = a I— N 3 (n 0 W Z z `J O w a U 3 CD N N E Z Q C a L C 0 0.+ Z E N •-- CD.- Q E" Y 0 O a = a cn aS Z CD o''E-0 fu Z >, c •= �V 'a � a) a) OOE0 CD N c U O �E0 v � 0 0 > >+` c U) 0 < Z, Nco O N N U 0 N J ca c � (� 5 � C7 N ` 7 N > + \ MC cu o o° (A (A (A (n (n fA (n (n (A Cn U -2� U� O O O O O O O O O O co L N C Y 0 N co N � 0 0 0 0 0 0 0 0 0 0 S2 - a O U 4 U a O O Q o N N N O "O c a 1�n co �O vl CU ° co CD C N L- :3 N 0 J cu ' O U t (D v- 0 N `- O 0 N z- C.) C ca �a�� Z� o -0 U N c N m v ��— �� N c .0 N cu Q ,� v O = a I— N 3 (n 0 Page # PETITION The undersigned citizens of Oshkosh, Wisconsin, respectfully request that our city leaders change the Municipal and/or Zoning Code to allow up to four female chickens (hens) to be raised as pets in the backyards of single - family residences, with reasonable restrictions. We feel that the raising of chickens provides both children and adults an education in local, sustainable food practices, provides food security, promotes green living, expands our local food supply and provides an opportunity to learn responsibility and compassion towards animals. Name Address Date C (� , CCity O lI� SO I6Sll ly v3 I o 3 o to Ate ;.qn Page # L PETITION The undersigned citizens of Oshkosh, Wisconsin, respectfully request that our city leaders change the Municipal and/or Zoning Code to allow up to four female chickens (hens) to be raised as pets in the backyards of single - family residences, with reasonable restrictions. We feel that the raising of chickens provides both children and adults an education in local, sustainable food practices, provides food security, promotes green living, expands our local food supply and provides an opportunity to learn responsibility and compassion towards animals. Name Address City Date OSHKOSH BACKYARD CHICKENS MUNICIPAL CODE CHANGE PETITION — HENS oshkoshbackyardchickens @mail.com The undersigned citizens of Oshkosh, Wisconsin, respectfully request that our city leaders change the Municipal Code to allow female chickens (hens) to be raised as pets in backyards, with reasonable restrictions. We feel that the raising of chickens provides both children and adults an education in local, sustainable food practices, provides food security, promotes green living, expands our local food supply and provides an opportunity to learn responsibility and compassion towards animals. NAME / ADDRESS SIGNATURE 2 /, T 4 t ai F < <' / M f 5 I -31 S' k, _ 6 7 �viti cr a- e/er 8 9 3 0. vv\ Z t , 10 11 12 do 13 AL7 14 15 �-� �^ JIX 16 ' 17 t`102 t,b�f�� 5' t• 18 20 \ (4 ` �1 fiL c v\A ice? OSHKOSH BACKYARD CHICKENS MUNICIPAL CODE CHANGE PETITION — HENS oshkoshbackyardchickens @gmail.com The undersigned citizens of Oshkosh, Wisconsin, respectfully request that our city leaders change the Municipal Code to allow female chickens (hens) to be raised as pets in backyards, with reasonable restrictions. We feel that the raising of chickens provides both children and adults an education in local, sustainable food practices, provides food security, promotes green living, expands our local food supply and provides an opportunity to learn responsibility and compassion towards animals. NAME / ADDRESS SIGNATURE r X Z kr ra fi r 4 5 2 11 N11 4- 6 7 8 9 �Aw.,n.y ��� I sic �+ ��; 3 CN��'� ✓w t- ' ` - -... r 0 qL 10 I n �rilt 9 0A � � l ✓' ' � �_ 13 ladr'e�n flu leloo n 'I/o/ lie ,-r! v(� 14 15 16 :TC, \ C I t Aoi n I � �1 �Ir� �� - et 17 pp t (r r 19 V-04, C'S�� io) L/ OSHKOSH BACKYARD CHICKENS MUNICIPAL CODE CHANGE PETITION — HENS oshkoshbackyardchickens @gmail.com The undersigned citizens of Oshkosh, Wisconsin, respectfully request that our city leaders change the Municipal Code to allow female chickens (hens) to be raised as pets in backyards, with reasonable restrictions. We feel that the raising of chickens provides both children and adults an education in local, sustainable food practices, provides food security, promotes green living, expands our local food supply and provides an opportunity to learn responsibility and compassion towards animals. 11 NAME / ADDRESS SIGNATURE 1 fY) e l iSSt:T�ti,�,i � S c >9 C L C: 2 4 Fl 5 1 �(I 1 ICI 17 `5 I L4 [AJ R �l 6 7 8 F_rY►n� 8� l o�`z e d I U (o Tc P+ A\/e— D 4 rl s 9 (�ri h�1ll/fr11 10 Tt vti 11 17-Lf&5en h 6Tr-e 12 tA l 0,w may-- - 14 y �3 15� 17 C �� ` 1-3 18 jaT - r 19 y 4?_' '1le A 11 Page #� PETITION The undersigned citizens of Oshkosh, Wisconsin, respectfully request that our city leaders change the Municipal and/or Zoning Code to allow up to four female chickens (hens) to be raised as pets in the backyards of single- family residences, with reasonable restrictions. We feel that the raising of chickens provides both children and adults an education in local, sustainable food practices, provides food security, promotes green living, expands our local food supply and provides an opportunity to learn responsibility and compassion towards animals. Name Address City Date a2cc V- Sr Ala /ia A ,4 451 1-d ,)00 kD S lam. 3 0110 6 ¢ ?30 S o a / N c aa l s"2 W, �� G `Ad All'�vl /d�vi _) .Pe d I ' P, 5 Ire✓ I t ` a 3 0Qbr0,A-6, s `. �A �_ sh Z I Page # PETITION The undersigned citizens of Oshkosh, Wisconsin, respectfully request that our city leaders change the Municipal and/or Zoning Code to allow up to four female chickens (hens) to be raised as pets in the backyards of single - family residences, with reasonable restrictions. We feel that the raising of chickens provides both children and adults an education in local, sustainable food practices, provides food security, promotes green living, expands our local food supply and provides an opportunity to learn responsibility and compassion towards animals. Name Address City Date �gs:cc, �aM eu, 33 K, S�'- 0's io 611C_ AD 0.r be r1cz 11 I'f 1J Sa wy e t DS 1'V �—CS �1 / 1 3 , r v eL�. t� /I •�L_�* �� {� 6 3 3 ILhC (J t j 6 1, 4 I'�QS 2 — d y — �L r Ca 0S (,� of t �7 i O � c Mxl_ RDnUJ4 cq'A641 W- 6ci /a g �� OS� 9 0 1 5 ,D W f(ot 05kko /0 f A i/t'n , LM 2t �lsv J O's Akos'� w 1 �, 6, 12.Q )r_7� Cis 1 2�r ��� /� 4 t /0 - - , J 15" 01 � b 0 -U-1 `�V � p _ 13 t O Lj) - a d V �h�cnr� � f � MWPA 4 Ir'P4 -� AID Page #—a D PETITION The undersigned citizens of Oshkosh, Wisconsin, respectfully request that our city leaders change the Municipal and /or Zoning Code to allow up to four female chickens (hens) to be raised as pets in the backyards of single- t�j,; ;'v �idences, with reasonable restrictions. We feel that the raising of chickens provides both chiliy--- Aults an education in local, sustainable food practices, provides food security, promotes green living, expands our local food supply and provides an opportunity to learn responsibility and compassion towards animals. Name Address City Date rat � ff 11 - ;14sll' 416 9 3 cm- rYl C- C I Id o S Or O's n #5 ( 0 I I © - -is- ' �4A Lo / CJ -'Z�')5` -C) Page #__�_ $ PETITION The undersigned citizens of Oshkosh, Wisconsin, respectfully request that our city leaders change the Municipal and/or Zoning Code to allow up to four female chickens (hens) to be raised as pets in the backyards of single - family residences, with reasonable restrictions. We feel that the raising of chickens provides both children and adults an education in local, sustainable food practices, provides food security, promotes green living, expands our local food supply and provides an opportunity to learn responsibility and compassion towards animals. Name Address City Date ,So, IV-