Loading...
HomeMy WebLinkAbout022-O-23 Amending the City Code of Evanston Title 9, Chapter 4, Section 5 “Certain Animals Prohibited” to Allow Roosters for Educational Purposes22-O-23 AN ORDINANCE Amending the City Code of Evanston Title 9, Chapter 4, Section 5 “Certain Animals Prohibited” to Allow Roosters for Educational Purposes WHEREAS, the City of Evanston City Code prohibits roosters within the City of Evanston city limits; and WHEREAS, the Evanston City Council desires to allow roosters within the city limits for educational purposes only at education institutions for students over the age of 13 years that also have agricultural programs; and WHEREAS, City Council has determined that it is in the best interests of the City to change the City of Evanston City Code to allow a rooster at educational institutions for these limited purposes, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS: SECTION 1: City Code Subsection 9-4-5, “Certain Animals Prohibited”, of the Evanston City Code of 2012, as amended, is hereby further amended to read as follows: 9-4-5. CERTAIN ANIMALS PROHIBITED. (A) It shall be unlawful, and is hereby declared a nuisance for any person to keep or allow to be kept any animal of the species of horse, mule, swine, sheep, goat, cattle, poultry (with the exception of hens as herein provided), skunks, or poisonous reptiles within the corporation limits of the City of Evanston. (B) Hens shall mean the female of the species Gallus Gallus Domesticas. (C) It shall be unlawful to keep roosters within City limits., except that educational institutions for students over the age of 13 years, with agricultural programs, may keep a maximum of one (1) rooster within City limits. For purposes of this Section Page 1 of 4 Doc ID: d0da7edfd58e9cb9d29ad43f6c11aa8e380c9239 22-O-23 ~2~ an “educational institution” is defined as any non-home-based school that is in compliance with Title VI of the Civil Rights Act of 1964 and attendance at which satisfies the requirements of 105 ILCS 5/26-1. The “rooster for educational institutions” shall mean a male chicken of the species Gallus Gallus Domesticus. The rooster must be confined at all times to an enclosure that meets the definition of an accessory structure in the City’s Code. The rooster shall not be allowed to run freely or be unconfined. The rooster must remain seventy (70) feet away from residential areas, classes and offices. 1. The number of hens allowed shall be no less than two (2), and no more than six (6). For educational institutions that are allowed one (1) rooster, the maximum number of chickens total allowed is six (6). 2. Any structures housing hens shall be termed an "accessory structure" as defined in Title 6, Chapter 18, Section 3 of the Evanston City Code, and shall abide by all requirements set forth in Title 6, Chapter 4, Section 6-2, "General Provisions for Accessory Uses and Structures," and Title 5, Chapter 1, "Property Maintenance Code" of the Evanston City Code. 3. Applicants shall register with the Illinois Department of Agriculture Livestock Premises Registration, and must have proof of registration on-site. 4. Care for hens shall follow the provisions set forth in this Chapter. 5. Hens shall be kept in such a way so as not to cause a nuisance as defined in Title 1, Chapter 3, Section 2, and enumerated in Title 8, Chapter 4, Section 1 of the Evanston City Code and shall be kept in conformance with the following requirements: a. Hen yards and coops shall be constructed and maintained to reasonably prevent the collection of standing water; and shall be cleaned of hen droppings, uneaten or discarded feed, feathers, and other waste with such frequency as is necessary to ensure the hen yard and coop do not become nuisances as defined in Title 8, Chapter 4, Section 1 of the Evanston City Code. b. Hens shall be kept in an enclosure which shall be maintained in such a manner so as to protect the hens from predators and trespassers. c. Hen coops shall be built and kept in such a manner so as to allow for easy ingress and egress for the hens and shall offer protection from weather elements including cold temperatures. d. Hen coops and yards shall be large enough to provide at least four (4) feet per hen. 6. Licenses for coops must be obtained and shall meet the rules of this Chapter where applicable. Page 2 of 4 Doc ID: d0da7edfd58e9cb9d29ad43f6c11aa8e380c9239 22-O-23 ~3~ a. Prior to a license being granted to an applicant, the applicant must show proof of notice to all adjacent landowners except landowners that are municipalities or utilities. b. A license shall not be granted unless the applicant has obtained all necessary building permits and can show proof that a hen yard and coop that comply with this Section have been erected. c. Coop licenses shall not run with the land. d. Applications shall be submitted to the City of Evanston Public Health Director who shall have the authority to enforce this Section. e. An applicant who lives in an apartment or condominium building is not eligible to receive a coop license. f. No more than twenty (20) valid coop licenses shall be active within the City of Evanston at any given time for the first calendar year that the ordinance codified in this Section is in effect. 7. No person shall slaughter any hen, or any other animal, within City limits. Nothing in this Section is to be interpreted as prohibiting any establishment that is licensed to slaughter, from slaughtering for food purposes any animals which are specifically raised for food purposes. 8. Any person found to be in violation of this Section shall be fined not less than fifty dollars ($50.00), nor more than seven hundred fifty dollars ($750.00) for each offense. In the event that an owner is adjudged to have three (3) violations of this Section, the owner's coop license shall be revoked. Each day an owner is not compliant with this Section shall constitute a separate offense. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS, THAT: SECTION 3: All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 4: If any provision of this ordinance or application thereof to any person or circumstance is held unconstitutional or otherwise invalid, such invalidity shall not affect other provisions or applications of this ordinance that can be given effect without the invalid application or provision, and each invalid provision or invalid application of this ordinance is severable 22-O-23 shall be in full force and effect after its passage and approval. Page 3 of 4 Doc ID: d0da7edfd58e9cb9d29ad43f6c11aa8e380c9239 22-O-23 ~4~ SECTION 5: The findings and recitals contained herein are declared to be prima facie evidence of the law of the City and shall be received in evidence as provided by the Illinois Compiled Statutes and the courts of the State of Illinois. Introduced: _________________, 2023 Adopted: ___________________, 2023 Approved: __________________________, 2023 _______________________________ Daniel Biss, Mayor Attest: _______________________________ Stephanie Mendoza, City Clerk Approved as to form: ______________________________ Nicholas E. Cummings, Corporation Counsel Page 4 of 4 March 13 February 27 Doc ID: d0da7edfd58e9cb9d29ad43f6c11aa8e380c9239 March 15