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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. -2- 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. -3- (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 -4- 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 -5- Village President