On March 26, 2018 at a Regular Village Council Meeting, the Ortonville Village Council adopted an amendment to the Code of Ordinances, Title IX General Regulations; Chapter 90 Nuisance; Animal Regulations.
§ 90.36 Unlawful to Keep Animals
VILLAGE OF ORTONVILLE
THE VILLAGE COUNCIL HEREBY ORDAINS:
Section 1. Amendment of Section 90.60 of Title IX of the Code of Ordinances.
The Village Council hereby amends Section 90.60 of Title IX of the Code of ordinances to read as follows:
§ 90.60 RUNNING AT LARGE.
No person being the owner of, in possession of, or having control of any livestock, domesticated animal, household pet, or poultry shall permit such to run at large upon any alley, street, park or other public place in the Village of Ortonville, or upon the land or property of any other person.
Section 2. Amendment of Section 90.36 of Chapter IX of the Code of Ordinances.
The Village Council hereby amends Section 90.36 of Chapter IX of the Code of Ordinances to read as follows:
90.36. Unlawful to Keep Animals.
(A) It shall be unlawful for any person to keep or allow to be kept within the village any cows, horses, pigs, goats, pigeons, roosters, geese, or any other animal, fowl or insect except birds, dogs, cats or other harmless and domesticated household pets.
(B) No animals shall be allowed in any commercial establishment where foodstuffs are prepared, sold or packaged for public consumption; provided, however, that this section shall not be construed so as to prevent the keeping of animals by a business establishment for temporary promotional purposes, provided that the establishment is not in the business of preparing, selling, or packaging foodstuffs for public consumption; provided further that the display of animals meets with the approval of the Heath Officer.
(C) Any person residing in a detached single-family structure in a singlefamily residential district in the Village of Ortonville may keep hen chickens in compliance with the following standards:
(1) A maximum of four chickens are permitted for personal use only and not for any business or commercial use;
(2) Roosters are prohibited;
(3) Slaughtering is prohibited;
(4) Chickens shall be provided, and remain within, at all times, a fully enclosed coop and fenced enclosure, with a maximum area of 300 square feet for both, meeting the standards of 4.201.d Greenbelts, Walls and Fences of the Village Zoning Ordinance;
(5) The following coop requirements must be met:
(i) Minimum size of four square feet per chicken;
(ii) Must be fully enclosed, except for the opening leading to additional fenced area (if included) and constructed so as to prevent rats, mice, or other rodents or vermin from being harbored underneath or within the walls of the structure or enclosure;
(iii) Must be clean, dry, odor-free and kept in a neat and sanitary condition and in compliance with all village ordinances;
(iv) The coop may not be located within any side or front yard and may not be closer than 100 feet from any dwelling on a neighboring property or ten feet from any property line; and
(v) The structure is subject to standards of 5.102 Residential Accessory Buildings of the Village Zoning Ordinance;
(6) A sketch plan must be submitted which indicates the location of the coop, along with any associated fencing, all dimensions, and the setbacks from the property lines;
(a) A permit must be obtained annually from the village to ensure continued compliance with the above standards. A permit is valid for only one year and creates no vested right to continue the use of the coop. Upon expiration or revocation of a permit, the keeping of chickens allowed by this section is no longer permitted.
(8) Notwithstanding the issuance of a permit by the village, private restrictions on the use of property shall remain enforceable and take precedence over a permit. Private restrictions include but are not limited to deed restrictions, condominium master deed restrictions, neighborhood association by-laws, and covenant deeds. A permit issued to a person whose property is subject to private restrictions that prohibit the keeping of chickens is void. The interpretation and enforcement of the private restriction is the sole responsibility of the private parties involved
Section 3. Effective Date.
This Ordinance shall take effect 30 days after publication.
At a regular meeting of the Village Council held, March 26, 2018, Butzu moved for adoption of this ordinance and Robinson supported that motion.
Voting for: Butzu, Eschmann, Robinson, Skornicka
Voting against: Sleva, Wills, Brice
The President declared the ordinance adopted.
The foregoing is a true copy of Ordninace No. 90.36 which was enacted by the Village Council at a regular meeting held on March 26, 2018.
Publish in The Citizen 4-7-18