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03-11 Bill No 2025-01City of Richfield March 11, 2025 County of Hennepin State of Minnesota BILL NO. 2025-01 1 of 3 Motion by: Christensen Seconded by: Hayford Oleary AN ORDINANCE AMENDING CHAPTER IX OF THE RICHFIELD CODE OF ORDINANCES PERTAINING TO MAINTENANCE OF BIRDS AND FOWL; SUBSECTION 905.37 OF THE RICHFIELD CITY CODE THE CITY OF RICHFIELD DOES ORDAIN: Section 1. Chapter IX, Section 905.37 of the Richfield Code of Ordinances is repealed in its entirety and replaced as follows: 905.37. - Maintenance of fowl and birds. Subdivision 1. Prohibitions. a. No person shall own or keep any chickens, ducks, geese, pigeons or other fowl or birds without obtaining a permit from the City. b. No person owning or keeping chickens, ducks, geese, pigeons or other fowl or birds may abandon such birds or fowl or permit the same to run at large or enter upon the premises of another without permission, nor may any such fowl or birds be kept, raised or permitted to run at large on any street, park, lake or public ponding area. c. No person shall slaughter any chickens, ducks, geese, pigeons or other fowl or birds within the City of Richfield. d. No person shall sell or breed any chickens, ducks, geese, pigeons or other fowl or birds within the City of Richfield. Subd. 2. Limitation on number. No more than six (6) fowl or birds may be kept or raised on any residential property in the City. This limitation does not apply to the keeping of pigeons pursuant to a license under the provisions of this section. Subd. 3. Injury or annoyance to others. For public nuisances related to fowl or birds, the City shall follow the notice and abatement procedure in Section 925. The following standards shall apply to all birdsfowl kept or raised on residential property in the City, and violations of such standards shall be considered a public nuisance: a. No such fowl or birds may be kept or raised in a manner as to cause injury or annoyance to persons on other property in the vicinity by reason of noise, odor or filth. b. Fecal waste or litter shall be removed at such reasonable times to prevent odors from emitting over property lines. Subd. 4. Impounding of fowl or birds. A fowl or bird at large in violation of subdivision 1 may be impounded by the City, and, after being impounded for three (3) days or more without being reclaimed by the owner, may be destroyed or sold. A person reclaiming any impounded fowl shall pay the cost of impounding and keeping the same. Subd. 5. Permit requirements and process. a. The application shall be on a form developed by the City. The application form shall be made available at City Hall. The fees for such permits shall be payable upon submission of application and are as described in Appendix D. b. The City may inspect the premises annually or as deemed necessary. City of Richfield March 11, 2025 County of Hennepin State of Minnesota BILL NO. 2025-01 2 of 3 c. Approval of application is subject to reasonable conditions listed below. The City may impose any other reasonable conditions. Failure to adhere to permit conditions shall constitute cause for adverse action against the permit and shall be a violation of this section. A site plan demonstrating adherence to the following reasonable conditions must be submitted as part of the permit application to Business Licensing. Reasonable conditions include: i. Coops must contain four (4) square feet per fowl; ii. Runs must contain ten (10) square feet per fowl; iii. Coops must contain one (1) foot of roosting space per fowl; iv. Coops must contain one (1) nesting box per every three (3) hens; v. Coops must provide adequate ventilation, including a window or opening for air flow; vi. Coops must provide adequate predator proofing with hardware cloth, not chicken wire, which should extend at least twelve (12) inches underground and twelve (12) inches out from the coop; vii. Coops must not exceed one hundred and seventy-five (175) total square feet; and viii. Coops must be setback at least three (3’) feet from each property line. d. A permit may be granted pursuant to this section only after the applicant has met any educational requirements as established by the City’s code compliance officer or their designee, including completing an approved backyard fowl course from an approved vendor as referenced on the application form. e. If the applicant is a renter, the applicant must provide evidence of written approval of the property owner in conjunction with the permit application. f. All permits are valid indefinitely for one year unless otherwise revoked by reason of any violation of this subsection or by reason of violation of any other provisions of this code or any order, law or regulation by violation of any condition of their permit. Before revoking a fowl or bird license, the licenseepermittee shall be given notice and an opportunity to be heard at a meeting before a hearing officer designated by the City Manager at which such revocation will be considered. Written notice shall either be delivered personally or mailed to the address of the licenseepermittee as set forth in the license application at least five (5) days before the meeting. At the meeting, the licenseepermittee must be given an opportunity to be heard. Following the meeting, the hearing officer shall issue a written decision regarding the revocation within ten (10) days of the hearing date. If the citationrevocation is upheld by the hearing officer, the cCity’s actual expenses infor holding the hearing, up to a maximum of $1,000.00, must be paid by the person requesting the hearingpermittee. g. Applicants must apply for annual permits for each of the first three (3) years of owning and keeping fowl. If there have been no verified nuisance reports regarding the fowl after three (3) years, the applicant does not need to continue applying for an annual permit. If the permittee has no violations of this subsection or any condition of their permit during the initial three-year permit period, then the permittee shall no longer be required to apply for subsequent annual permits. Following the initial permit period, the permittee must still comply with all provisions of this subsection and all conditions of their permits, and the City may still revoke permits for violations of this subsection and such conditions. h. The requirements of this section shall not prohibit the adoption of fowl to the public by any releasing agency, private shelter, rescue group, or public sheltering agency City of Richfield March 11, 2025 County of Hennepin State of Minnesota BILL NO. 2025-01 3 of 3 provided the adoption contract specifies that the animal cannot be sold, transferred, or otherwise disposed of for a period of six (6) months following the adoption without written consent of the releasing agency, except for euthanization by a licensed veterinarian to prevent pain and suffering or disease transmission. (Amended 03-11-2025, Bill No. 1996-10) Section 2. This ordinance will be effective in accordance with Sections 3.09 of the City Charter. VOTING AYE VOTING NAY Supple, Mary Supple, Mary Burk, Walter Burk, Walter Christensen, Sharon Christensen, Sharon Coleman-Woods, Rori Coleman-Woods, Rori Hayford Oleary, Sean Hayford Oleary, Sean Adopted by the City of Richfield on this 11th day of March, 2025. Mary Supple, Mayor ATTEST: Michelle Friedrich, City Clerk RESOLUTION NO. 12308 RESOLUTION APPROVING SUMMARY PUBLICATION OF AN ORDINANCE REPEALING AND REPLACING SECTION 905.37 OF THE CITY CODE PERTAINING TO MAINTENANCE OF FOWL WHEREAS, the City has adopted the above-referenced amendment of the Richfield City Code; and WHEREAS, the verbatim text of the amendment is cumbersome, and the expense of publication of the complete text is not justified; NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Richfield that the following summary is hereby approved for official publication: SUMMARY PUBLICATION BILL NO. 2025-01 AN ORDINANCE REPEALING AND REPLACING SECTION 905.37 OF THE CITY CODE This summary of the ordinance is published pursuant to Section 3.12 of the Richfield City Charter. This ordinance, which repeals and replaces City Code Section 905.37 Maintenance of Fowl, does the following: increases the number of fowl allowed to be kept in the City and outlines the new permitting process and site plan requirements. Copies of the ordinance are available for public inspection in the City Clerk’s office during normal business hours or upon request by calling the City Clerk at 612- 861-9739. Adopted by the City Council of the City of Richfield, Minnesota, this 11th day of March, 2025. Mary B. Supple, Mayor ATTEST: Michelle Friedrich, City Clerk