O-13-08VILLAGE OF DEI±RFIELD
LAIC.. AND C ®GI{ COUNTIES, ILLINOIS
ORDINANCE NO. 0- 13- 0%
AN ORDINANCE AMENDING THE [MUNICIPAL CODE
OF THE VILLAGE OF DEERI+IELD TG LICENSE
THE KEEPING OF FOWL WITHIN THE VILLAGE
PASSED AND APPROVED BY THE
PRESIDENT AND BOARD OF TRUSTEES
OF THE VILLAGE OF DEERFIELD, LAICE
AND C® ®IC COUNTIES, ILLINOIS, this
day of -,-,2013.
Published in pamphlet form
by authority of the President
and Board of Trustees of the
Village of Deerfield, Lake and
Cools Counties, Illinois, this
1 +h day of 2013.
VILLAGE OF DEERFIELD
(LAKE AND COOK COUNTIES, ILLINOIS
ORDINANCE NO._ O - 13 - o42
AN ORDINANCE AM ENDING THE MUNICIPAL CODE
OF THE VILLAGE OF DKERFIELD TO LICIENSIE
THE KEEPING OF FOWL. WITHIN THE VILLAGE
WHEREAS, the Village of Deerfield is a home rule unit of government pursuant to the
provisions of Article VII, Section 6 of the Illinois Constitution; and
WHEREAS, as a home rule unit of local government, the Village of Deerfield may
exercise any power and perform any function pertaining to its government and affairs, including
but not limited to the power to license and to regulate for the protection of the public health,
safety, morals and welfare; and
WHEREAS, residents of the Village have requested that they be permitted to raise a
small number of egg - laying hens within coops and enclosures to be kept and maintained on their
property for the purpose of producing eggs for their personal consumption; and
WHEREAS, the corporate authorities of the Village of Deerfield have directed Village
staff to develop regulations to permit, as a pilot program, a limited number of licenses
authorizing the keeping of egg - laying hens within the single- family residential districts of the
Village of Deerfield, and to subsequently report to the corporate authorities whether it is in the
best interests of the Village that such programs should be continued or modified after observing
the keeping of fowl as licensed under the terms of this Ordinance; and
WHEREAS, the corporate authorities of the Village of Deerfield have determined that it
is in the best interests of the Village of Deerfield that the Municipal Code of the Village of
Deerfield be amended as provided herein to license and regulate the keeping of egg - laying hens
as provided herein;
NOW, THEREFORE -;, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF
TRUSTEES OF THE VILLAGE OF DEERFIELD, LAKE AND COOK COUNTIES,
ILLINOIS, in the exercise of its home rule powers, as follows:
SECTION 1: The above and foregoing recitals, being material to this Ordinance, are
hereby incorporated and made a part hereof by this reference.
SECTION 2: Chapter 5 ( "Animals ") of the Municipal Code of the Village of Deerfield,
as amended, is hereby further amended by adding the following as Article 3 ( "Poultry Keeping ")
thereof:
ARTICLE. 3. POULTRY KEEPING
Sec. 5 -40. Definitions:
(a) For purposes of this Article, the term "fowl" shall mean any domesticated
egg - laying chicken hen and shall exclude all roosters and chicken hens that have
ceased laying eggs.
(b) For purposes of this Article, the term "coop" shall mean and include a
coop, building, pen or other enclosure, with or without an enclosed pen or hen
yard, that is designed, constructed and maintained to confine fowl within the coop
and to prevent access by predators and trespassers.
Sec. 5 -41. Housing: All fowl shall be housed in a coop of sufficient size and
strength to confine the fowl to the owner's property and to prevent access of
predators and trespassers. A permit shall be obtained from the Village prior to the
construction, addition or modification of any coop. No coop may exceed eight
(8) feet in height.
Sec. 5 -42. Location of Coops: All coops must only be located in a rear yard
as defined by the Village of Deerfield Zoning Ordinance, and must be set back a
minimum of ten (10) feet from all neighboring property lines.
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Sec. 5-43. Restrictions:
(a) A maximum of four (4) fowl shall. be permitted on any property. Roosters are
prohibited.
(b) Fowl shall be confined at all times to a coop complying with the requirements
of this Article and permitted by the Village of Deerfield.
(c) Every person maintaining a coop, including any associated pen or hen yard
used for keeping fowl, shall keep and maintain the coop and such area and
facilities in a clean and sanitary condition at all times.
(d) All owners of fowl must register with the Illinois Department of Agriculture
Livestock Premises Registration and shall keep proof of current registration
available for inspection on the site.
(e) All feed for fowl shall be kept in containers that arc rodent -proof until put out
for consumption by the fowl.
(f) Coops shall provide at least six (6) square feet of living space for each fowl.
(g) All fowl shall. be kept, housed and maintained so as not to cause a public or
private nuisance from odor, litter, droppings, feathers or other waste, excessive
noise, or from pests or rodents attracted to the fowl.
(h) All fowl shall be kept in a safe and humane manner. Slaughtering is not
permitted, except within an enclosed building in a manner that is not reasonably
visible or audible to persons on adjacent property.
(i) The keeping of fowl is not permitted except on a zoning lot containing one. .
single- family detached dwelling unit.
Sec. 5 -44. License to Keep Fowl:
(a) No person shall keep or maintain fowl anywhere within the Village of
Deerfield except pursuant to a license issued by the Village under the terms and
conditions of this Article.
(b) Applications to keep fowl shall be submitted on a form provided by the
Village Clerk, and shall include an accurate sketch of the proposed location of the
coop. Applicants shall provide the Village Clerk with proof that a copy of the
application has been provided to the owners of all property abutting on the
Applicant's property.
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(c) Not more than five (5) licenses for the keeping of fowl may be issued and
outstanding at any time.
(d) Each license issued under this Article for the keeping of fowl within the
Village shall be valid for a term of twelve (12) months.
(e) If a license issued under the terms of this Article is not renewed, or is
terminated, the owner of the property on which the coop is located shall, within
thirty (30) days, remove all fowl from the Village of Deerfield and remove the
coop and related .facilities from the premises.
See. 5 -45. Termination of Pilot Program: Any person licensed under this
Article to keep fowl shall be permitted to continue keeping fowl in accordance
with the terms of this Article for a period of time expiring March .l, 2014 (the
"Amortization Period "), provided that such persons maintain a license under this
Article. Unless this pilot program is extended or otherwise established by further
action of the corporate authorities of the Village of Deerfield, all fowl and
housing for fowl shall, upon completion of the Amortization Period, be removed
from the Village of Deerfield.
See. 5-46. Penalties:
(a) Any violation of this Article shall be subject to a fine of not less than fifty
dollars ($50.00) and not more than seven hundred fifty dollars ($750.00) for each
offense. A separate offense shall be deemed committed on each day that a
violation exists or continues.
(b) Any violation of this Article may be handled through the procedures in
Section 1 -30 of the Village of Deerfield Code of Ordinances.
(c) A license issued under this Article shall be revoked upon the commission of
three (3) violations within a period of twelve (12) months.
SECTION 3: That Section 1 -30 (AAlternative Citations and Fines for Miscellaneous
Offenses @) of Chapter 1 (AGeneral Provisions @) of the Municipal Code of the Village of
Deerfield be and the same is hereby amended to add the following violations as offenses which
may be settled, compromised and paid pursuant to Section 1 -30:
Violation Compromise Late Pam
Amount Amount
Chapter 5, Animals
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Keeping Fowl (Article 3) $50
$100
(Sec. 5 -40 to 5 -45)
SECTION 4: That this Ordinance, and each of its terms, shall be the effective legislative
act of a home rule municipality without regard to whether such Ordinance should: (a) contain
terms contrary to the provisions of current or subsequent non - preemptive state law; or, (b)
legislate in a manner or regarding a matter not delegated to municipalities by state law. It is the
intent or the corporate authorities of the Village of Deerfield that to the extent that the terms of
this Ordinance should be inconsistent with any non - preemptive state law, this Ordinance shall
supersede state law in that regard within its jurisdiction.
SECTION 5: That this Ordinance shall be in full force and effect from and after its
passage, approval and publication in pamphlet form as provided by law.
PASSED this °ll 0% day of )2013.
AYES: S ,n +on , Far "5, 3e.s +ec� 6 f f*-r 0ne;+-k, 53MU44nec5 ( 5)
NAYS: S'zAen C'i
ABSENT: t4one.
ABSTAIN: N one,
APPROVED this I I VA._ day of f 4Z\ot jo,tj 52013
ATTEST:
VillA ge Clerk
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Village President