HomeMy WebLinkAbout37. 19-261APRIL 23, 2019 19-261 ORDINANCE
FIRST READING
(CARRIED LOST LAID OVER WITHDRAWN )
PURPOSE: APPROVE AMENDMENTS TO CHAPTER 6 OF THE OSHKOSH
MUNICIPAL CODE PERTAINING TO KEEPING OF URBAN
CHICKENS AND BEES
INITIATED BY: SUSTAINABILITY BOARD
A GENERAL ORDINANCE OF THE CITY OF OSHKOSH AMENDING SECTIONS 6-3
LICENSE REQUIRED, 6-4 LICENSE FEES, 6-6 ANIMALS, FOWL AND INSECTS NOT
PERMITTED IN CITY, 6-7 CRUELTY TO ANIMALS AND SECTION 6-8 LIMIT NUMBER
OF ANIMALS; AND CREATING SECTIONS 6-3.2 URBAN CHICKENKEEPING AND 6-
3.3 URBAN BEEKEEPING OF THE CITY OF OSHKOSH MUNICIPAL CODE ALL
PERTAINING TO KEEPING OF URBAN CHICKENS AND BEES
The Common Council of the City of Oshkosh do ordain as follows:
SECTION 1. That sections 6-3, 6-4, 6-6, 6-7 and 6-8 of Chapter 6 of the Oshkosh
Municipal Code are hereby amended to read as shown on the attachment to this ordinance.
SECTION 2. That sections 6-3.2 and 6-3.3 of Chapter 6 of the City of Oshkosh
Municipal Code are hereby created to read as shown on the attachment to this ordinance.
SECTION 3. This ordinance shall be in full force and effect from and after its
passage, and publication.
SECTION 4. Publication Notice
Please take notice that the City of Oshkosh enacted ordinance #19 -XXX APPROVE
AMENDMENTS TO CHAPTER 6 OF THE CITY OF OSHKOSH MUNICIPAL CODE
PERTAINING TO KEEPING OF URBAN CHICKENS AND BEES (A GENERAL
ORDINANCE OF THE CITY OF OSHKOSH AMENDING SECTIONS 6-3 LICENSE
REQUIRED, 6-4 LICENSE FEES, 6-6 ANIMALS, FOWL AND INSECTS NOT PERMITTED
IN CITY, 6-7 CRUELTY TO ANIMALS AND SECTION 6-8 LIMIT NUMBER OF
APRIL 23, 2019 19-261 ORDINANCE
FIRST READING CONT'D
ANIMALS; AND CREATING SECTIONS 6-3.2 URBAN CHICKENKEEPING AND 6-3.3
URBAN BEEKEEPING OF THE CITY OF OSHKOSH MUNICIPAL CODE ALL
PERTAINING TO KEEPING OF URBAN CHICKENS AND BEES) on May 14, 2019. The
amended ordinance reorganizes the chapter to place all provisions pertaining to chickens in
a single section and all provisions pertaining to bees in a single section. The ordinance also
updates the requirements applicable to chickens and bees to reflect current accepted
practices and standards and updates permit processes and requirements to be more in line
with other city procedures, making it more efficient for applicants and to administer.
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.
TO: Honorable Mayor and Members of the Common Council
FROM: Steven D. Wiley, Assistant Planner
DATE: April 4, 2019
RE: Amend Chapter 6 - Urban Beekeeping and Urban Chickenkeeping Ordinances
BACKGROUND
Chapter 6 of the Oshkosh Municipal Code includes provisions that regulate beekeeping and
chickenkeeping in the City. The chickenkeeping ordinance was originally approved by the City
Council in 2011 and the beekeeping ordinance was approved in 2017. In 2018, City staff and the
Sustainability Advisory Board (SAB) began a collaborative process to review and amend the
City's urban beekeeping and chickenkeeping ordinances. Staff and the SAB had a few major
goals during the process. The first was to reorganize both ordinances in a more intuitive manner
and ensure consistency between the two ordinances. The second was to update the ordinances
to bring them in line with ordinances of other comparable communities and with best practices
for urban bee and chickenkeeping.
ANALYSIS
City staff reorganized the bee and chickenkeeping provisions to lay out each of the two sections
in a more sequential form. Each ordinance describes its purpose and definitions for the relevant
terms employed throughout the section. The definitions were updated to add new terms that
are now used in the revised drafts. Staff updated both ordinances based on discussions with
stakeholders, research of best practices and examination of ordinances from other Wisconsin
communities (La Crosse, Eau Claire, Wausau, Appleton, etc.).
The overall intention of the ordinance revision was to organize and place all provisions related
to chickens and bees in a single ordinance section and to update the requirements applicable to
keeping chickens and bees to reflect current accepted practices and standards. A marked up
version of the ordinance with annotations as to specific changes is attached, however following
are some of the major changes that are included in the revised ordinances.
City Hall, 215 Church Avenue P.O. Box 1130 Oshkosh, WI 54903-1130 920.236.5000 http://www.ci.oshkosh.wi.us
In the beekeeping ordinance previous dimensional limits are replaced with hive size restrictions
based on volume. The current ordinance requires a flyway barrier no matter the location of the
hive; the proposed change would only mandate a flyway barrier only if a hive was located
within 25 feet of a lot line.
The revised ordinances alter the process by which staff issues bee and chicken permits. The new
process ensures consistency with other permitting processes in the City. Rather than the
previous neighbor notification for bees and the neighbor consent for chickens, the revised
ordinances prescribe a single, streamlined process for obtaining a bee or chicken permit. A
resident would apply for a permit. If the application is complete and the resident meets all of
the standards listed in the applicable ordinance, staff would issue the permit. If the application
is incomplete or the resident does not meet the standards listed in the ordinance, staff will deny
the permit. Unlike previously, both ordinances list provisions for appealing a permit denial.
The language for these provisions is the same for both ordinances.
A process was created for the revocation of permits if residents do not follow the standards
listed in the ordinances. Staff would enforce on a complaint basis and take appropriate action
under the ordinance as necessary to address violations. Both ordinances make clear that
violations are grounds for revocation of the bee or chicken permit. The language for the
revocation section is consistent for the bee and chicken sections.
Currently staff recommends permitting bee and chickenkeeping only on lots containing single
and two-family residential properties. Staff considered multi -family (3 or more unit) properties
and such properties often have common areas that are accessible to all tenants of the property.
Potential issues and additional complexity that single and two-family regulations cannot
anticipate could arise with bee and chickenkeeping at these properties. The Council could
implement the proposed ordinances and staff can revisit multi -family properties in the future if
directed.
FISCAL IMPACT
There is no anticipated fiscal impact from the proposed ordinance revisions as they are updates
to an existing ordinance and they bring the City's bee and chicken ordinances in line with each
other, best practices, and other communities.
City Hall, 215 Church Avenue P.O. Box 1 130 Oshkosh, WI 54903-1130 920.236.5000 http://www.ci.oshkosh.wi.us
RECOMMENDATION
Staff recommends that the Council adopt the proposed ordinances.
Respectfully Submitted,
, ��1-1� 00 lj,�r
Steven Wiley
Assistant Planner
Approved:
Mark A. Rohloff
City Manager
City Hall, 215 Church Avenue P.O. Box 1130 Oshkosh, WI 54903-1130 920.236.5000 http://www.ci.oshkosh.wi.us
CHAPTER6
SECTION 6-3 LICENSE; REQUIRED
(A) Every owner residing in the City who owns, harbors, or keeps a dog or cat which
is more than five
(5) months of age as of January 1 of each year, shall annually obtain a license
therefor. The license year shall commence on January 1 and licenses shall expire
on December 31 of that year.
(B) When a dog or cat becomes five (5) months of age, the owner shall obtain a license
within thirty (30) days thereof.
(C) Each owner obtaining a license for operating a kennel shall be excluded from
this licensing procedure, but shall be required to obtain a kennel license.
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 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 a permit to keep chickens on property owned or occupied by the
person.
(2) A maximum of four (4) 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.
(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.
(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 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 coops, 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 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.
(5) Offsite 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(5)(1) 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)(1). 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)(1). 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) PuT
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, apis
mellifera (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.
(ll) "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 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 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 12ractice
(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 ofI/2 acre or smaller: maximum two (2) hives allowed.
(ii) Lot size larger thane/z 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) areprohbited
andmay not be kept on a property under the regulations of this Section.
(k) Sees 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)(1) 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)(1). 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 30-412(H)(1). 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 6-4 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.
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 bees, 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 6-6 ANIMALS, FOWL, AND INSECTS NOT PERMITTED IN CITY
(A) No person shall bring into, keep, maintain, offer for sale or barter, or release to the
wild, nor shall any person permit such activities to occur on premises owned,
controlled, rented or maintained by that person, except as provided in Section 6-
19 (1):
(1) Any fowl or poultry (except for chickens kept with a valid permit issued under
section 6-3.2 above), 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.
(2) Wild animals, including but not limited to, any live monkey, or other non-
human primate, raccoon, skunk, ferret, prairie dog, fox, wolf, panther,
lynx, opossum, or any other warm- blooded animal which can normally be
found in the wild state. For the purposes of this code, wolf -dog hybrids are
considered wild animals.
(3) Any poisonous or venomous, biting or injecting species of reptiles,
amphibians, arachnids, or insects, including bees (except for bees kept with a
valid permit issued under section 6-3.3 above).
(4) Snakes not indigenous to Wisconsin or any snake exceeding three feet in
length.
This section shall not be construed to apply to zoological parks, circuses or like
entertainment organization or to an educational or medical institution.
SECTION 6-7 CRUELTY TO ANIMALS
(A) Every owner or person responsible shall provide animals with a sufficient
supply of good/wholesome food and potable water to maintain health.
(B) No person shall confine and/or allow animals to remain outside during adverse
weather conditions constituting a health hazard to such animal.
(1) Sufficient shade by natural or artificial source shall be provided to protect
the animal from direct sunlight.
(2) Natural or artificial shelter appropriate to the local climatic conditions shall
be provided as necessary.
(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 cleanbedding 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 maybe suspended (exception for chickens).
(D) Every owner that houses or confines an animal in a pen or enclosure shall keep
and maintain such pen or enclosure in a clean, sanitary and odor free condition.
(E) No person may abandon or neglect any animal.
(F) No person shall kick, beat, cruelly ill treat, torment, overload, overwork, or
otherwise abuse any animal.
(G) No person may cause or allow an animal to be placed or confined in a motor
vehicle under such conditions or for such a period of time, without adequate
ventilation, as to endanger the health or well being of such animal due to
temperature, humidity, lack of food or drink, or such other conditions as may be
reasonably expected to cause suffering, disability or death.
(H) No person may intentionally instigate, promote, aid or abet as a principal, agent
or employee, or participate in the earnings from, or intentionally maintain or
allow any place to be used for a cockfight, dog fight, bullfight or other fight
between the same or different kinds of animals or between an animal and a
person (951.08)
(I) No theatrical exhibit or act shall be held in which animals are forced or
encouraged to perform through the use of chemical, electrical or mechanical
devises. (951.07)
(J) 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 and subject to the provisions of
sections 951.15 and 951.16 Wis. Stats. adopted herein. Impoundment of animals under
this section shall be as prescribed in section 6-18 of this municipal code.
(K) The slaughter of chickens is prohibited.
(L) 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 6-8 LIMIT NUMBER OF ANIMALS
(A) Purr The owning, harboring and keeping by any person(s) of a large number
of dogs, cats or combination thereof within the City, detracts from the quality
of life within the entire residential district due to various noise, odor, health and
safety problems which constitute a public nuisance.
(B) Limitation. No person may own, harbor or keep in their possession, within the
City, more than 3 dogs, 5 cats or combination not to exceed a total number of five
(5) animals thereof, over the age of five (5) months, except when they possess a
Kennel License which is in full force and effect.
The exception being a litter of pups/and or kittens or a portion of a litter, may be kept
for a period of time not exceeding five (5) months from birth.
(C) Reserved
(D) Exemptions:
(1) Any person owning, harboring or keeping in their possession within the
City, on March 2, 1996, more than 5 dogs, cats or combination thereof, over
the age of five (5) months, shall be permitted to own, harbor or keep in their
possession said dogs and/or cats provided that:
(a) Required license fees for each dog and/or cat have been paid, the
licenses are continually maintained in full force and effect, and proof
thereof is furnished to City personnel empowered to enforce this
ordinance upon request.
(b) Required and effective rabies immunization for each dog and/or cat
has been procured, and effective level of rabies immunization
continuously maintained, and proof thereof furnished to City
personnel empowered to enforce this ordinance upon request.
(c) However this exemption shall not authorize the replacement of any
dog and/or cat until the specified limitation within this ordinance is
complied with. The burden of proving entitlement to this exemption
is upon the party seeking the exemption.
(2) This section shall not apply to properly licensed facilities under Article V of
this chapter, the Oshkosh Animal Shelter, or veterinary hospitals.
FLYWAY BARRIER DIAGRAM
6/
CHAPTER6
SECTION 6-3 LICENSE; REQUIRED
(A) Every owner residing in the City who owns, harbors, or keeps a dog or cat which is more than five
(5) months of age as ofJanuary 1 of each year, shall annually obtain a license therefor. The license
year shall commence on January 1 and licenses shall expire on December 31 of that year.
(B) When a dog or catbecomes five (5) months of age, the owner shall obtain a license within thirty (30)
days thereof.
(C) Each owner obtaining a license for operating a kennel shall be excluded from this licensing
procedure, but shall be required to obtain a kennel license.
(D) N� person shall keep or maintain------------------
_ _ _ _ _ _ _ _ _ _ Commented [W51]: Moved to new Section designated
liPP'4qqP' 4RM the City and fegistr-atiRn ;A.'ith thR State. The City lieefiSe YeaF Shall e specifically for chickenkeeping
January 1 ofeach year and licenses shall expire on December 31 ofthat year. The license and any
provide ,7,. proof of State Livestock ock Registr tion
(E) �0 wees-as ethe�se� _:w a in this �-hapt,._
C 7��T� _ �' "�''v�'�T'�n"PST_______________________________-- Commented [W52]:Moved tosection 6-3.3Beekeeping
SECTION 6-3.2 URBAN CHICKENKEEPINGI - Commented [53]: This section is a new consolidated
--------------------------------------
section on urban chickenkeeping. Previously all relevant
ordinance pieces were spread out in various sections of this
A ur ose
chapter.
The purpose of this section is to establish regulations applicable to urban chickenkeeping on lots Commented [54]: New "Purpose" section added.
with single and two-family residential uses within the City 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 efinitions ,
-
Commented [55]: New "Definitions section added—
previously did not exist for chickens.
(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-waw
(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.
( Permit required J -
-
Commented [56]: This was created from the previous
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
"License Required" Section 6-3 provision on chickens.
City of Oshkosh Chapter 6 - Page 1 Municipal Codes
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 lanuary 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 lanuary 1 of each year, the sum of
Fifteen ($15.00) for a permit to keep chickens on property owned or occupied by the person.
(2) A maximum of four (44) chickens may be kept on lots containing single or two-family residential , - Commented [57]: This was revised from specific R-1, R-2
land uses if: old zoning classifications before that are out of date. We
changed to lots containing single and two-family uses to
(a) The permit application is submitted including but not limited to the following information: remain current if zoning classifications change in the future.
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 �remises.� - - Commented [58]: Added more application requirements
(consistent with bees too -but eliminated the neighbor consent
(b A permit is issued by the �Ianning�Services Division for construction of the required provision)
coop/enclosure. - Commented [59]: Changed from Inspections
(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 gears. , - Commented [510]: New provision that revoked permits
shall not be reissued for at least 2 years — consistent with
(D) Standards of Practice revised beekeeping ordinance also.
Commented [511]: New section here —chicken standards
of practice consolidated into one section.
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) M chickens shall be kept and maintained within a detached, stationary structure used , - Commented [512]: New
exclusively for the keeping of chickens. Temporary or movable devices or structures shall be
prohibited.
(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) Jhl e coops floor, foundation and footings shall be constructed using a hard, cleanable surface, , - Commented [513]: New
(e.g., concrete, wood, linoleum, or hard plastic) and shall be resistant to rodents. A dirt floor is
not acceptable.
City of Oshkosh Chapter 6 - Page 2 Municipal Codes
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 U square
feet in area per chicken, whichever is greater with one nest box provided per every two (2)
chickens.
Chicken enclosures must be so constructed and maintained as to prevent rodents from
harbored underneath or within the walls thereof.
(9) �hicker feed shall be stored and kept in containers which make the feed unavailable to , - Commented [514]: New
----------------------------
rodents, vermin, wild birds, and predators.
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 anyj2rimary 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 dayhght hours, weather permitting,
(14) I very] chickenkeeper shall keep and maintain the required enclosure in a clean, sanitary, and , - Commented [515]: New
odor fee condition. All coops, 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 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) �hickens shall be kept and handled in a sanitary manner to prevent the spread of , - Commented [516]: New
communicable diseases among birds or to humans.
(16) 14 person keeping chickens shall immediately report any unusual illness or death of chickens , - Commented [517]: New
to the Winnebago County Health Department.
(E)Prohibitions , - Commented [518]: New
(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 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.
(5) Offsite 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.
City of Oshkosh Chapter 6 - Page 3 Municipal Codes
(F) I peals_regarding Determinations to Deny Permit - - Commented [519]: New Section—not in previous
(1) The City of Oshkosh elects not to be strictly bound by the provisions of Chapter 68 Wisconsin ordinance
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(6)(1) 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 siW (60) day
of the filing of the Notice of Appeal per Section 30-4120(1). 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.
Kevocations of Permits - - Commented [520]: New Section
(1) Revocation of permits may be commenced by complaint filed by city staff acting in their official
capaci 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 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)(1). 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.
Former SECTION 6-6.3 URBAN BEEKEEPING — to be repealed by this revision
(A) Purpose
The purpose of this section is to establish certain requirements to allow urban beekeeping or�Iots - - Commented [W521]: Further specified single-family lots
within the city. A further purpose is to avoid issues that might otherwise be associated with urban
beekeeping in neighborhoods. Honeybees are critical pollinators for flowers, fruits and vegetables.
Managed colonies of bees help to increase yields and quality of a large variety ofplants commonly
City of Oshkosh Chapter 6 - Page 4 Municipal Codes
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 an ordinance 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
of ti'e'r usage indicates another usage.1 - - iCommented ]W522]: This was removed in the revision.
(1) "Apiary" means the assembly of one or more colonies ofbees at a single location which also
include wild bee houses constructed by the property owner.
(2) "Africa4oney bee" (Apis melliferascutellata) means a subspecies or hybrid ofthe common -- Commented DNS231: Africanized-changed word usage
domestic honey bee (Apis mellifera) native to central and southern Africa. to ensure consistency with anotherpart ofthe Section
(3) 'Beekeeper" means a person who owns orhas charge of one ormore 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 ofbees 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 manufactured for thatpurpose.
(7) "Honeybee" meansallfife stages ofthe common domestic honeybee, apis mellifera (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_ - - - - - , - Commented DNS24]: Most of these definitions were left
the same but we added definitions for: Primary Residential
Structure, Undeveloped Property
C Standards ofpractice - - - - - - - - - - - - - - - - - - - - - - - - - - - — - Commented ]W525]: Added a section "Permit Required"
_ _ _ _ ___Apiary,_t - t _ nd detailing permit effective dates, permit fee, and listing what
applied to ur-ban beekeeping, pr-ateetthe health, saf��, property and welfare afthe general publie: is required in the permit application.
Commented ]W526]: This was deleted in the revisions.
(1) In all zoning districts, the following regulations shall apply:
City of Oshkosh Chapter 6 - Page 5 Municipal Codes
(a) Honey bee colonies shall be kept in hives with removable frames, which must be
kept in sound and usable conditions. This L etudes securing .,.,used equipment from - Commented [W5271: Removed from this (a) and placed
e,.ther, theftvandalism oroccupancy byswarms ofwees elsewhere in the section and made more robust
(b) The maximum size of a hive should not exceed 36 inches in height by 24 inches in
width and 24" depth. _ _ -Commented [W528]: Changed dimensional maximums to
volume maximums.
(c) The maximum number of hives allowed on any lot are based on the size of lot, as
follows:
(i) Lot size oflh acre or smaller: maximum two (2) hives allowed.
(ii) Lot size larger than'/2 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 dwelling or the permitted placement of � dwelling bn another parcel, and -
- Commented [W5291: Anywhere it says "dwelling" we
beehive shall be placed only in the rear yard. The entrance of any beehive shall face
replaced with "Principal Structure"
away from the property line of the adjacent property closest to the beehive._
Commented [530]: Added side yard to thiscan now keep
- - - -
bees in the side yard.
(e) A solid fence or dense hedge, known as a "flyway barrier," at least six (6) feet in
Commented [o a Added that beekeeping equipment
shall be screenedd tto avoid being visible from the street or
height, must be placed around the beehive, and shall be located within five (5) feet of
sidewalk.
the hive entrance and shall extend at least three (3) feet on either side of the hive.
No such flyway barrier shall be required if all beehives are located on roofs,
porches or balconies at least ten (10) feet above Igrade,- - - - - - - - - - - - - - - - - - -
- Commented [532]: Added flyway barrier exemption after
this provision - some circumstances do not require a flyway
barrier. Specific exemptions are listed. Also requires
(f) A supply of fresh water no smaller than three (3) gallons in size shall be maintained
beekeeping equipment on porches, roofs, balconies to be
in a location within ten feet ofeach colony and readily accessible to all bee colonies
screened from view.
on the site throughout the day to prevent bees from congregating at neighboring
swimming pools or other sources of water on nearby properties.
(g) 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.
(h) 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, and securing unused equipment from weather, potential theft orvandalism
and occupancy byswarms.
(i) Prohibitions. Africanized honey bees (Apis mellifera scutellata) may not be kept on a
property under the regulations of this lSectionj. d
-------------------------
City of Oshkosh Chapter 6 - Page 6 Municipal Codes
Commented [533]: Added a provision after this
prohibiting keeping of bees, beekeeping equipment on
vacant lots.
Commented [534]: After the Standards of Practice, added
a new section "Appeals Regarding Determinations to Issue
Permit' and "Revocations of Permits" These sections now
allow for a property owner denied a permit to appeal to the
Board of Appeals and specific provisions of the revocations
of bee permits.
(D) License required _ - - I Commented [W535]: This section revised, terminology
changed to "Permit" and included as mentioned above.
(1) No beekeeping may occur on any property in the city unless the Community Development
Director or designee issues a license to the beekeeper on that specific property. The license
will be valid for a single calendar year beginning on January 1I and expiring on December
31 st.
(2) A beekeeping license will only be issued if:
(a) The license application has been submitted documenting all applicable items to
include; name of applicant, property address, contact number, license fee, and
scaled site plan consistent with the standards of practice identified within this
section; _ - - Commented [W536]: Moved to `TemmitRequire&'
(b) Notification has been .,ilea by two City to all propertyowners abuttingtwo Section as mentioned above -and changed wording and added
„ .^^„t „ some application. requirements
Commented [W5371: Gone -no longer requre notification
(c) A permit is issued by the Inspection Services Division for construction of the
required flyaway barrier -L _ - -Commented [W5381: Added words `ifnecessary” since
we no longer always require the barrier.
(3) Licenses are personal to the applicant, non-transferrable, and do not attach to or run with the
land.
(4) The fee for the initial license shall be as established by the Common Council. Annual
renewal of the license is required and the fee for the renewal license shall be equal to the
initial license fee as established by this Chapter.
(5) All standards of practice must be met in order to issue a license.
(6) If the standards of practice are not maintained subsequent to issuance of a beekeeping
license, the license shall be revoked by the City. _ _ _ _ _ _ _ _ _ _ _ _ _ _ - - I Commented [W539]: Added that upon revocation, permit
shall not be reissued for at least two years.
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 - - Commented [540]: New insertion into original purpose -
and vegetables. Managed colonies of bees help to increase yields and quality of a large variety of clarifying that beekeeping is permitted specifically on single -
plants commonly found in backyard gardens, parks, and natural areas. A rg owing interest in family lots.
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 Chapter 6 - Page 7 Municipal Codes
(B) Definitions
(1) "Apiary" means the assembly ofone or more colonies ofbees 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 ofthe
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 ofbees consisting principally ofworkers, 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 thatpurpose.
(7) "Honeybee" meansallfife stages ofthe common domestic honeybee, apis mellifera (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. _ - - Commented [541]: New insertions
(C) Permit requiredl_________________________________________________ -- Commented [542]:Revised and consolidated from
previous "license 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 11 and expiring on December
31st.
(2) Every Beekeeper shall pay 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.
City of Oshkosh Chapter 6 - Page 8 Municipal Codes
(3) Abeekeeping permit will only be issued if:
(a) �he� permit application is submitted including but not limited to the following information: - - Commented [543]: Additional requirements added.
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 �lanningj Services Division for construction of the required - - Commented [544]: Revised from Inspections
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.
( Standards of practice
(1) In all zoning districts, the following regulations shall apples
(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 15j -cubic feet in volume ___-------- Commented [545]: Note change from dimensional
maximum to volumetric maximum.
(c) The maximum number of hives allowed on any lot are based on the size of lot,
as follows:
(i) Lot size ofl/2 acre or smaller: maximum two (2) hives allowed.
(ii) Lot size larger than'/2 acre but smaller than one acre: maximum four
(4) hives allowed.
Lot size of one acre or larger: maximum of six (6) hives allowed.
(dl No beehive shall be kept closer than five (5) feet to any lot line and twenty-
five (25) feet to a (primary residential structure br the permitted placement - - Commented [546]: Changed from "dwelling" worduse.
City of Oshkosh Chapter 6 - Page 9 Municipal Codes
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 u[ cated within twenty - - Commented [547]: Note change -requirement for flyway
barriers is more specific and for beehives located more than
five (25) feet of a lot line. This flay barrier shall be located within five (5) 25' from a lot line they would not be required.
feet of the hive entrance and shall extend at least three (3) feet on either side
of the Wvej (See Appendix X). - Commented 548 • Would include the revised drawing
of the flyway barrier in the ordinance as an Appendix.
(f) jjywaylBarrier Exemptions. No such flyway barrier shall be required for - - Commented [549]: New specific exemptions for flyway 1
individual beehives that are located on roofs, porches or balconies at least barriers that were not in previous ordinance
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 nark land with no horse or foot trails within twentv-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
congregatingat t neighboring swimming pools or other sources of water on
nearbyproperties.
(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 apiar,
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
City of Oshkosh Chapter 6 - Page Municipal Codes
for any beekeeper's unused equipment to attract a swarm, even if the
beekeeper is not intentionally keeping honeybees. Prohibitions. Africanized
honeybees (Apismellifera scutellata)arejmjtitedandmaynot bekept onaproperty
under the regulations of this Section.
(k) (Bees shall not be kept or maintained upon a vacant lot or inside a primary - - Commented [550]: New provision -similar to new chicken
residential structure, including basements, porches, garages, or accessory ordinance provision also.
structure such as garages, sheds, or similar storage structures.
(H) I[� ppealslregarding Determinations to Deny Permit - - iCommented [551]: New (similar to chickens)
(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)(1) 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) day
of the filing of the Notice of Appeal per Section 30-4120(1). 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)evocations of Permits - - Commented [552]: New (similar to chickens)
(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 be fig 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 siM (60) day
of the filing of the Notice of Appeal per Section 30-412(13)(1). 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
City of Oshkosh Chapter 6 - Page Municipal Codes
Development or Designee shall have the responsibility of enforcing this provision and may take
such action as is necessary to abate such violation.
SECTION 6-4 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.
Fifteen Dollars ($15.00) for a chicken lieense� _____________________________________,- Commented [W553]:Moved tosections reorganized for
Urban Chicken and Beekeeping
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 bees, or if the owner failed to obtain a license on or before the date the
dog or cat reached licensable age, an additional fee ofSeven Dollars ($7.00) shall be assessed and collected.
SECTION 6-6 ANIMALS, FOWL, AND INSECTS NOT PERMITTED IN CITY
(A) No person shall bring into, keep, maintain, offer for sale or barter, or release to the wild, nor shall
any person permit such activities to occur on premises owned, controlled, rented or maintained by
that person, except as provided in Section 6-19 (I):
(1) Any fowl or poultry) (except for chickens kept with a valid permit issued under section 6-3.2 above) ,
,
Commented [554]: Revised from before. Used to be
(exeepi' n for chicken k n 1 o` n 2) attle, horses, sheep,swine goats,pot-bellied pigs, or
chickens inR-1 or R-2 (old zoning classifications).
any other domesticated livestock, unless part of an agricultural operation authorized by the
Commented [W555]:Maintained this but removed
City of Oshkosh Zoning Ordinance Chapter 30 of the Municipal Code.
specific zoning classifications here and referred people to
new Section 6-3.2 (added specifically for chickens).
(2) Wild animals, including but not limited to, any live monkey, or other non -human primate,
raccoon, skunk, ferret, prairie dog, fox, wolf, panther, lynx, opossum, or any otherwarm-
blooded animal which can normally be found in the wild state. For the purposes of this
code, wolf -dog hybrids are considered wild animals.
(3) Any poisonous or venomous, biting or injecting species of reptiles, amphibians, arachnids, or
insects, including bees (except for bees kept with a valid permit issued under section 6-3.3
above). mclu inn Hoo - I Commented [W5561: Changed this to allow bees as
provided for in Section 6-6.3
City of Oshkosh Chapter 6 - Page Municipal Codes
(4) Snakes not indigenous to Wisconsin or any snake exceeding three feet in length.
This section shall not be construed to apply to zoological parks, circuses or like entertainment
organization or to an educational or medical institution.
SECTION 6-7 CRUELTY TO ANIMALS
(A) Every owner or person responsible shall provide animals with a sufficient supply of
good/wholesome food and potable water to maintain health.
(B) No person shall confine and/or allow animals to remain outside during adverse weather conditions
constituting a health hazard to such animal.
(1) Sufficient shade by natural or artificial source shall be provided to protect the animal from
direct sunlight.
(2) Natural or artificial shelter appropriate to the local climatic conditions shall be provided as
necessary.
(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 maybe
suspended (exception forchickens).
(7) �hiekensj s-haI4 be PFOVidPd- PHP-10slift-PS that aFe enelosed, predator proof-, insulated, and Commented [557]: All these sections are removed from
adequately ventilated. here and placed in new section 6-3.2(D) Added several new
standards of practice also.
City of Oshkosh Chapter 6 - Page 13 Municipal Codes
area for the majority of daylight hours, weather permitting!
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ , - Commented [558]: After the new Standards ofPractice
section new Prohibitions were added along with Appeals
(D) Every owner that houses or confines an animal in a pen or enclosure shall keep and maintain such regarding Determinations to Deny Permit, and Revocations
section. These sections are similar to the beekeeping
pen or enclosure in a clean, sanitary and odor free condition. ordinance and allow for those denied permits to appeal to
BOA and for revocations if necessary.
(E) No person may abandon or neglect any animal.
(F) No person shall kick, beat, cruelly ill treat, torment, overload, overwork, or otherwise abuse any
animal.
(G) No person may cause or allow an animal to be placed or confined in a motor vehicle under such
conditions or for such a period of time, without adequate ventilation, as to endanger the health or
well being of such animal due to temperature, humidity, lack of food or drink, or such other
conditions as may be reasonably expected to cause suffering, disability or death.
(H) No person may intentionally instigate, promote, aid or abet as a principal, agent or employee, or
participate in the earnings from, or intentionally maintain or allow any place to be used for a
cockfight, dog fight, bullfight or other fight between the same or different kinds of animals or
between an animal and a person (951.08)
(I) No theatrical exhibit or act shall be held in which animals are forced or encouraged to perform
through the use of chemical, electrical or mechanical devises. (951.07)
(J) 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 and subject to the provisions of sections 951.15 and 951.16 Wis.
Stats. adopted herein. Impoundment of animals under this section shall be as prescribed in section 6-
18 of this municipal code.
(K) The slaughter of chickens is prohibited.
(L) 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.
City of Oshkosh Chapter 6 -Page 14 Municipal Codes
SECTION 6-8 LIMIT NUMBER OF ANIMALS
(A) Purpose. The owning, harboring and keeping by any person(s) of a large number of dogs, cats or
combination thereof within the City, detracts from the quality of life within the entire residential
district due to various noise, odor, health and safety problems which constitute a public nuisance.
(B) Limitation. No person may own, harbor or keep in their possession, within the City, more than 3
dogs, 5 cats or combination not to exceed a total number of five (5) animals thereof, over the age of
five (5) months, except when they possess a Kennel License which is in full force and effect.
The exception being a litter of pups/and or kittens or a portion of a litter, may be kept for a period of
time not exceeding five (5) months from birth.
(G) �k maximum of four (4) ehiekens maybe kepiperresidential 1R* i4i FirenS Zoned R !(Single Family
Residence) DistrictorR 2 (Two Family Residence) District pr!ovided that allfamilies living in the R
2 property where a chickem license is requested consent to the prosence of chickans and written
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ - Commented [559]: This section was revised and relocated
to new Section 6-3.2 Urban Chickenkeeping "Permit
(D) Exemptions: Required" section
(1) Any person owning, harboring or keeping in their possession within the City, on March 2,
1996, more than 5 dogs, cats or combination thereof, over the age offive (5) months, shallbe
permitted to own, harbor or keep in their possession said dogs and/or cats provided that:
(a) Required license fees for each dog and/or cat have been paid, the licenses are
continually maintained in full force and effect, and proof thereof is furnished to City
personnel empowered to enforce this ordinance upon request.
(b) Required and effective rabies immunization for each dog and/or cat has been
procured, and effective level ofrabies immunization continuously maintained, and
proof thereof furnished to City personnel empowered to enforce this ordinance upon
request.
(c) However this exemption shall not authorize the replacement of any dog and/or cat
until the specified limitation within this ordinance is complied with. The burden of
proving entitlement to this exemption is upon the party seeking the exemption.
(2) This section shall not apply to properly licensed facilities under Article V ofthis chapter, the
Oshkosh Animal Shelter, or veterinary hospitals.
City of Oshkosh Chapter 6 -Page 15 Municipal Codes