§ 63.90 — Fowl

63.90. - Fowl.

(a) No person shall keep, harbor, or maintain care, custody, or control over any fowl such as a chicken, turkey, duck, or pigeon, without obtaining a permit. Any person desiring a permit shall make written application to MACC. Approval of application is subject to reasonable conditions prescribed by MACC. Failure to adhere to permit conditions shall constitute cause for adverse action against the permit and shall be a violation of this section. (b) MACC may grant a permit pursuant to this section only after the applicant has met any educational requirements as established and published by MACC and has provided evidence of notification to all immediately adjacent property owners, in a format supplied by or approved by and to the satisfaction of MACC. If the applicant is a renter, approval from the property owner shall be required. Neighbor notification will be the responsibility of the property owner, though it may be carried out by the applicant. (c) Fowl must be purchased or acquired in accordance with Minn. Statute Sections 70.40 and 74.100 and any other applicable law. (d) The requirements of this section shall not prohibit the adoption of fowl to the public by any releasing agency, private shelter, rescue group, or public sheltering agency provided the adoption contract specifies that the animal cannot be sold, transferred, or otherwise disposed of for a period of six (6) months following the adoption without written consent of the releasing agency, except for euthanization by a licensed veterinarian to prevent pain and suffering or disease transmission. (e) No person having the care, custody, and control of any fowl shall abandon said fowl or allow any fowl to run at large off the property of its owner or custodian. (f) All permits shall expire twelve (12) months from the date of issuance unless sooner revoked. The application fees for such permits shall be as established in the license fee schedule and shall be payable upon application. MACC may inspect the premises annually or as deemed necessary. (g) Permits shall be classified into three (3) tiers, with Tier I consisting of one (1) to six (6) hens, Tier II of seven (7) to fifteen (15) hens, and Tier III of sixteen (16) to thirty (30) hens, with associated fees as established in the license fee schedule. (h) Standards of care, practice, restrictions, and enclosure requirements include the following: (1) Residential coops, pens or other structures shall be limited to six (6) fowl of any kind per permit. Permits in excess of the allowable number shall need to be approved by MACC and may require additional conditions. (2) Location of coop, run, or pen must be in compliance with all zoning code requirements and enclosed to ensure fowl are confined to permittee's property. The enclosure must be of proper size for the number and type of fowl being housed as prescribed by MACC. (3) Residential coops, pens, or other structures shall be an allowed accessory to a dwelling subject to the following: a. The use shall be located not less than twenty (20) feet from any habitable building on an adjacent property. b. The use shall be visually screened from any adjacent residential use. c. The use shall be constructed of durable materials and shall be compatible with the principal structure and adjacent residential properties. d. The use shall be located entirely to the rear of the principal residential structure. (4) Fecal waste or litter shall be removed at such reasonable times to prevent odors from emitting over property lines. Such waste or litter must be double bagged and disposed of in city garbage or composted provided the method used and the location does not present a public nuisance or health issue. (5) Slaughter of any kind shall be prohibited within the City of Minneapolis. (6) Roosters shall be prohibited without special permit. (7) A permit to keep more than six (6) fowl or to keep roosters shall require the written consent of at least eighty (80) percent of the occupants of the several descriptions of real estate situated within one hundred (100) feet of the applicant's real estate. Such written consent shall be required on the initial application and as often thereafter as MACC deems necessary. (8) Any coop found to be a public nuisance provided notice to abate the issues has failed to correct the issue within a reasonable time is prohibited and all permits associated with the coop may be revoked or denied. The coop and all fowl shall be removed by the property owner within forty-eight (48) hours of notice of the revoked or denied permit at the expense of the permit holder or applicant. (9) MACC may deny, suspend, revoke or take other authorized adverse action against any permit applied for or granted pursuant to this section if any condition or requirement is violated or if the keeping of fowl becomes a public nuisance or for other good cause. (10) Public nuisance for the purpose of coops includes, without limitation, any chicken coop that on three (3) or more occurrences in a twelve (12) month period receives complaints of noise, odor, or any other violation from more than one complainant, provided the complaints are founded and established by MACC. (11) No person, business, or entity shall maintain or cause to be maintained any commercial business related to the keeping of fowl on residential property unless otherwise permitted by the City of Minneapolis. If so permitted, commercial coops must: a. Maintain any applicable business license, health department permit, zoning permit, and permit issued by the MACC. b. Be limited to thirty (30) fowl of any kind with at least four (4) square feet provided for each fowl housed inside the physical coop and ten (10) square feet for each fowl while housed in outside run. c. Be maintained in such a manner as to prevent a public nuisance. d. Comply with all zoning and health regulations as well as any other applicable law. e. Be properly identified as required by MACC. f. Provide adequate care, as defined in this title. g. Provide adequate safeguards to protect the fowl from animals and to prevent unauthorized access to the fowl by general members of the public. h. Be kept in good repair, maintained in a clean and in a sanitary condition, and free of any vermin, obnoxious smells, and substances. (Ord. No. 2016-009, § 1, 2-12-16)