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O-14-05VILLAGE OF DEERFIELD LAKE AND COOK COUNTIES, ILLINOIS ORDINANCE NO. 0 -14 -5 AN ORDINANCE AMENDING ARTICLE 3 ( "POULTRY KEEPING ") OF CHAPTER 5 ( "ANIMALS ") OF THE MUNICIPAL CODE OF THE VILLAGE OF DEERFIELD TO LICENSE HEN KEEPING Published in pamphlet form by authority of the President and Board of Trustees of the Village of Deerfield, Lake and Cook Counties, Illinois, this 3rd day of March 2014. PASSED AND APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF DEERFIELD, LAKE AND COOK COUNTIES, ILLINOIS, this 3rd day of March 2014. 0 VILLAGE OF DEERFIELD LAKE AND COOK COUNTIES, ILLINOIS ORDINANCE NO. 0 -14 -5 AN ORDINANCE AMENDING ARTICLE 3 ( "POULTRY KEEPING ") OF CHAPTER 5 ( "ANIMALS ") OF THE MUNICIPAL CODE OF THE VILLAGE OF DEERFIELD TO LICENSE HEN KEEPING WHEREAS, the corporate authorities of the Village of Deerfield adopted Ordinance No. 13- 08 to institute a pilot program licensing the keeping of hens within the Village of Deerfield for a period of time to permit the Village to determine whether the keeping of egg-laying hens should be licensed within the Village; and WHEREAS, without further action, Ordinance No. 13 -08 authorizing such pilot program will expire on March 1, 2014; and WHEREAS, Village staff has observed the impact of the keeping of egg- laying hens pursuant to the pilot program and has submitted its recommendation to the President and Board of Trustees that the pilot program for licensing the keeping of egg - laying hens should be made permanent; and WHEREAS, the corporate authorities of the Village of Deerfield concur in the recommendation of the Village staff, 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: That Section 5 -44 ("License to Keep Fowl ") of Article 3 ( "Poultry Keeping ") of Chapter 5 ( "Animals ") of the Municipal Code of the Village of Deerfield, as amended, is hereby amended to read as follows (additions are indicated byundQrscQrin e and deletions are indicated by strikethfeugh markings): See. 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. (c) ach license application shall be accQm pam by an ann ual icense fee in such amount a may be fixed from time to time by the annual fee resolution adopted by the corporate authorities (d) Each license shall be in on January I and shall terminate on December 31 next following its issuance. (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. SECTION 2: That Section 5 -45 ( "Termination of Pilot Program ") of Article 3 ( "Poultry Keeping ") of Chapter 5 ( "Animals ") of the Municipal Code ofthe Village of Deerfield, as amended, is hereby repealed. SECTION 3: That the annual fee resolution of the Village of Deerfield be and the same is hereby amended to add the following as the annual license fee to be paid pursuant to Section 5 -44 of the Municipal Code of the Village of Deerfield, as amended, to keep fowl in the Village of Deerfield as defined in Section 5 -40 of the Municipal Code of the Village of Deerfield: -2- Municipal Code Fee for Classification Reference Description FY 2014 (1) Miscellaneous 5 -44(c) License Fee $25.00 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 of the corporate authorities ofthe Village of Deerfield that to the extent that the terms ofthis 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 3rd day of March 2014. AYES: Benton, Farkas, Jester, Nadler, Struthers NAYS: None ABSENT: Seiden ABSTAIN: None APPROVED this 3 day of ATTESTji e Clerk -3- Village President 2014,