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ORDINANCE No. 370

 

AN ORDINANCE AMENDING THE CODE OF ORDINANCES FOR THE CITY OF WYOMING, IOWA, 2002, BY ADDING A CHAPTER ALLOWING FOR GOLF CARTS.

 

 

Be It Enacted by the City Council of the City of Wyoming, Iowa:

 

SECTION 1.   NEW CHAPTER.  The Code of Ordinance of the City of Wyoming, Iowa, 2002, is amended by adding a new Chapter 77, entitled GOLF CARTS which is hereby adopted to read as follows:

 

77.01   DEFINITIONS.  “Golf cart” means a three or four wheeled recreational vehicle generally used for transportation of person(s) in the sport of golf, that is limited in engine displacement of less than 800 cubic centimeters and total dry weight of less than 800 pounds.

 

77.02  OPERATION OF GOLF CARTS PERMITTED.  Golf carts may be operated upon the streets of the City by persons possessing a valid driver’s license and proof of insurance, except as prohibited in Section 5 of this chapter.

 

 

77.03  PROHIBITED STREETS.  Golf carts shall not be operated upon any City street which is a primary road extension through the City but shall be allowed to cross a City street which is a primary road extension through the City.

 

77.04  UNLAWFUL OPERATION.  1. No golf cart shall be operated or parked upon City sidewalks.  2.  No person shall operate a golf cart while under the influence of intoxicating liquor, narcotics or habit forming drugs.  3.  No person shall operate a golf cart in a careless, reckless or negligent manner endangering the person or property of another or causing injury or damage to same.  4.  No golf cart shall carry more passengers than the golf cart is designed for.  5.  No golf cart shall be operated upon private property without the express consent of the owner thereof.

 

77.05 EQUIPMENT.  Golf carts operated on City streets shall be equipped with adequate brakes, a slow moving vehicle sign, bicycle safety flag and such other safety equipment required by Chapter 321 of the Code of Iowa.

 

 

77.06  HOURS.  Golf carts may be operated on City streets only between sunrise and sunset.  Golf carts are prohibited on streets during inclement weather when visibility is reduced or impaired by weather, smoke, fog, or other conditions or at any other time there is insufficient light to clearly see a person or vehicle on a roadway at a distance of 500 feet.

(Code of Iowa, Sec. 321.247)

 

 

77.07 SPEED.  No golf cart shall be operated on any City street at a speed in excess of twenty-five (25) miles per hour.

 

SECTION 2. REPEALER.  All ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed.

 

 

SECTION 3. SEVERABILITY CLAUSE.  If any section, provision or part of this

Ordinance shall be adjudged invalid or unconstitutional, such adjudication shall not affect the validity of the ordinance as a whole or any section, provisions or part thereof not adjudged invalid or unconstitutional.

 

 

SECTION 4.  WHEN EFFECTIVE.  This ordinance shall be in effect from and after its final passage, approval and posting as provided by law.

             Passed by the Council on the 10th day of December, 2012, and approved this 10th day of December, 2012.

 

 

ORDINANCE NO. 371

 

 

AN ORDINANCE AMENDING THE CODE OF ORDINANCES FOR THE CITY OF WYOMING, IOWA, 2002 BY ADDING A CHAPTER ENTITLED “URBAN CHICKENS” RELATING TO THE KEEPING OF CHICKENS WITHIN THE CITY OF WYOMING.

 

Be it Enacted by the City Council of the City of Wyoming, Iowa:

 

SECTION 1. NEW CHAPTER.  The Code of Ordinance of the City of Wyoming, Iowa, 2002, is amended by adding a new Chapter 55A thereto entitled “Urban Chickens” relating to the keeping of chickens within the City of Wyoming as follows:  

 

CHAPTER 55A URBAN CHICKENS

 

55A.01.  PURPOSE.   The purpose of this chapter is relating to the keeping of chickens within the City of Wyoming.

 

55A.02.   DEFINITIONS.

Chicken - shall mean a member of the subspecies Gallus gallus domesticus, a domesticated fowl.

Urban Chicken - shall mean a chicken kept on a permitted tract of land pursuant to a permit issued under this Chapter.

Permitting Officer - shall mean the Mayor or designee.

Tract of land - shall mean a property or a zoned lot that has one single family dwelling located on that property or zoned lot.

Single Family Dwelling - shall mean any building that contains only one dwelling unit used, intended, rented, leased, let or hired to be occupied for living purposes.

Permitted tract of land - shall mean the tract of land as identified by the application upon which a permit is granted for keeping chickens pursuant to this Chapter.

Permittee - shall mean an applicant who has been granted a permit to raise, harbor or keep chickens pursuant to this Chapter.

 

55A.03.  PERMIT REQUIRED.

(a) Permit Required. No person shall raise, harbor or keep chickens within the City of Wyoming without a valid permit obtained from the City Council under the provisions of this Chapter.

 

(b) Application. In order to obtain a permit, an applicant must submit a completed application on forms provided by the City Clerk and paying all fees required by this Chapter.

 

(c) Requirements. The requirements to the receipt of a permit include:

1. All requirements of this Chapter are met;

2. All fees, as may be provided for from time to time by City Council resolution, for the permit are paid in full;

3. All judgments in the City’s favor and against the applicant have been paid in full;

4. The tract of land to be permitted shall contain only one Single Family Dwelling occupied and used as such by the permittee.

5. The applicant has provided notice to the residents of all immediately adjacent dwellings of the applicant's intent to obtain a permit.

 

(d) Issuance of Permit. If the Permitting Officer concludes as a result of the information contained in the application that the requirements for a permit have been met he shall issue the permit, subject to final approval by the City Council.

 

(e) Renewal of Permit. A permittee shall apply to renew his permit every 12 (twelve) months.

 

(f) Denial, suspension, revocation, non renewal. The Permitting Officer may deny, suspend, revoke, or decline to renew any permit issued for any of the following grounds:

 

1. False statements on any application or other information or report required by this section to be given by the applicant;

2. Failure to pay any application, penalty, re inspection or reinstatement fee required by this section or City Council resolution;

3. Failure to correct deficiencies noted in notices of violation in the time specified in the notice;

4. Failure to comply with the provisions of an approved mitigation/remediation plan by the Permitting Officer, or designee.

5. Failure to comply with any provision of this Chapter.

 

(g) Notification. A decision to revoke, suspend, deny or not renew a permit shall be in writing, delivered by ordinary mail or in person to the address indicated on the application. The notification shall specify reasons for the action.

 

(h) Effect of revocation, etc. When an application for a permit is denied, or when a permit is revoked, the applicant may not re-apply for a new permit for a period of 1 year from the date of the denial or revocation.

 

(i) Appeals. No permit may be denied, suspended, revoked, or not renewed without notice and an opportunity to be heard is given the applicant or holder of the permit. In any instance where the Permitting Officer has denied, revoked, suspended, or not renewed a permit, the applicant or holder of Urban Chicken may appeal the Permitting Officer’s decision to the City Council within ten (10) business days of receipt by the applicant or holder of the permit of the notice of the decision. The applicant or holder of the permit will be given an opportunity for a hearing. The decision of the City Council or any decision by the Permitting Officer which is not appealed in accordance with this Chapter shall be deemed final action.

 

55A.04.  NUMBER AND TYPE OF CHICKENS ALLOWED.

 

(a)    The maximum number of chickens allowed is six (6) per tract of land regardless of how many dwelling units are on the tract. A permittee may request that this provision be waived by the City Council. The City Council may waive this provision if the proposed tract of land provides adequate space and distance from other buildings, and if the character of the neighborhood will not be affected by such a permit.

 

(b)   In no case shall a permit be granted for greater than twelve (12) chickens.

 

(c)    Only female chickens (hens) are allowed.

 

55A.05. ZONING DISTRICTS ALLOWED.

 

Permits will be granted only for tracts of land located in residential districts as identified on the current Official Zoning Map on file with the City of Wyoming.

 

55A.06.  NON-COMMERCIAL USE ONLY.

A permit shall not allow the permittee to engage in chicken breeding or fertilizer production for commercial purposes.

 

55A.07.  ENCLOSURES.

 

(a) Chickens must be kept in an enclosure or fenced area at all times. Chickens shall be secured within a henhouse or chicken tractor during non-daylight hours.

 

(b) Enclosures must be kept in a clean, dry, odor—free, neat and sanitary condition at all times.

 

(c) Henhouses, chicken tractors and chicken pens must provide adequate ventilation and adequate sun and shade and must be impermeable to rodents, wild birds and predators, including dogs and cats.

 

(d) Henhouses and chicken tractors.

1. Henhouses and chicken tractors shall be designed to provide safe and healthy living conditions for the chickens with a minimum of four (4) square feet per bird while minimizing adverse impacts to other residents in the neighborhood.

a. A henhouse or chicken tractor shall be enclosed on all sides and shall have a roof and doors. Access doors must be able to be shut and locked at night. Opening windows and vents must be covered with predator and bird proof wire of less than one (1) inch openings.

b. The materials used in making a henhouse or chicken tractor shall be uniform for each element of the structure such that the walls are made of the same material, the roof has the same shingles or other covering, and any windows or openings are constructed using the same materials. The use of scrap, waste board, sheet metal, or similar materials is prohibited. Henhouses and chicken tractors shall be well maintained.

 

2. Henhouses, chicken tractors and chicken pens shall only be located in the rear yard required by Wyoming Municipal Code Chapter 165, unless the setback requirements cannot be met in which case they may be kept in other yard but within the required setbacks.

 

3. Henhouses, chicken tractors and chicken pens must be located at least ten (10) feet from the property line and at least twenty-five (25) feet from any adjacent residential dwelling, church, school or place of business.

 

(e). Any enclosed chicken pen shall consist of sturdy wire fencing. The pen must be covered with wire, aviary netting, or solid roofing.

 

55A.08.    ODOR AND NOISE IMPACTS.

a. Odors from chickens, chicken manure or other chicken related substances shall not be perceptible beyond the boundaries of the permitted tract of land.

 

b. Noise from chickens shall not be loud enough beyond the boundaries of the permitted tract of land at the property boundaries to disturb persons of reasonable sensitivity.

 

55A.09.  PREDATORS, RODENTS, INSECTS AND PARASITES.

 

The Permittee shall take necessary action to reduce the attraction of predators and rodents and the potential infestation of insects and parasites. Chickens found to be infested with insects and parasites that may result in unhealthy conditions to human habitation may be removed by a person or entity charged with controlling animals in Wyoming.

 

55A.10.  FEED AND WATER.

 

Chickens shall be provided with access to feed and clean water at all times. The feed and water shall be unavailable to rodents, wild birds and predators.

 

55A.11.  WASTE STORAGE AND REMOVAL.

 

All stored manure shall be covered by a fully enclosed structure with a roof or lid over the entire structure. No more than three (3) cubic feet of manure shall be stored on the permitted tract of land. All other manure not used for composting or fertilizing shall be removed. The henhouse, chicken tractor, chicken pen and surrounding area must be kept free from trash and accumulated droppings. Uneaten feed shall be removed in a timely manner.

 

55A.12. CHICKENS AT LARGE.

 

The Permittee shall not allow the Permittee’s chickens to roam off the permitted tract of land. No dog or cat or other domesticated animal which kills a chicken off the permitted tract of land will, for that reason alone, not be considered a dangerous or aggressive animal or the city’s responsibility to enforce its animal control provisions.

 

55A.13.  UNLAWFUL ACTS.

a. It shall be unlawful for any person to keep chickens in violation of any provision of this Chapter or any other provision of the Wyoming Municipal Code.

 

b. It shall be unlawful for any owner, renter or leaseholder of property to allow chickens to be kept on the property in violation of the provisions of this article.

 

c. No person shall keep chickens inside a single family dwelling unit, multi family dwelling unit(s) or rental unit.

 

d. No person shall slaughter any chickens within the city of Wyoming.

 

e. No person shall keep a rooster.

 

f. No person shall keep chickens on a vacant or uninhabited tract of land.

 

55A.14.   NUISANCES.

 

Any violation of the terms of this Chapter that constitutes a health hazard or that interferes with

the use or enjoyment of neighboring property is a nuisance and may be abated under the general nuisance abatement provision of Wyoming Municipal Code Chapter 50.

 

SECTION 2.  REPEALER.   All ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed.

 

SECTION 3SEVERABILITY CLAUSE.  If any section, provision or part of this Ordinance shall be adjudged invalid or unconstitutional, such adjudication shall not affect the validity of the ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional.

 

SECTION 4.  WHEN EFFECTIVE.  This ordinance shall be in effect from and after its final passage, approval and posting as provided by law.

 

Passed by the Council on the 14th day of January, 2012, and approved this 14th day of January, 2013.