§ 6.08.020. Keeping or slaughtering of certain animals—Restrictions within city.

A.

Except as provided within this title, no person may keep or slaughter within the city any cattle, cows, horses, swine, goats, ducks, geese, turkeys, guinea fowl, nonhuman primates or other livestock.

B.

This section shall not apply in areas of the city zoned agricultural; to livestock brought into the city for purposes of being shipped out of the city; to animals brought into the city to receive veterinary care; to animals impounded within or on the grounds of any animal shelter facility designated by the city of Cheyenne to provide animal shelter or control services; or to goats that are being used for weed and pest control purposes by or through the weed and pest control division.

C.

The keeping of animals, birds or fowl, otherwise prohibited by this section, may be allowed for rodeos, fairs, circuses, carnivals, parades and other public exhibitions or entertainment events; provided, that the proper licenses and permits for the event have been obtained from the city. Persons desiring to use goats for weed and pest control purposes per subsection B of this section must also obtain proper licenses and permits.

D.

Chickens may be kept on any eligible lot, as defined in subsection (D)(3), of this section, subject to the following requirements and all other applicable provisions of this chapter:

1.

It shall be unlawful to keep, possess, or maintain live roosters (male chickens) anywhere in the city. Only live hens (female chickens) may be kept, and all references herein to chickens or poultry shall mean hens only.

2.

It shall be unlawful to keep, possess or maintain more than six hens on any eligible lot within the city.

3.

For the purposes of this chapter, the term "eligible lot" is defined as any lot that contains no more than one detached single family residential dwelling unit that is occupied as a personal residence by at least one adult who shall be responsible for compliance with the provisions of this chapter. An "eligible lot" may also include an accessory dwelling unit approved under the Unified Development Code.

4.

Chickens must be confined within a covered, predator-resistant coop, including predator-resistant roofing and flooring, located in the backyard (rear) of the eligible lot. The coop must be adequately ventilated and easily accessed, cleaned, and maintained. The coop must provide at least three square feet of space for each hen. The coop must comply with all applicable provisions of Title 8 and Title 15 of the Cheyenne City Code and with applicable provisions of the Unified Development Code. No coop shall have an enclosed floor space exceeding sixty (60) square feet, and no portion of any coop or pen shall exceed a height of seven feet from the ground surface at any point.

5.

During daylight hours, each chicken must have access to the coop and to a pen surrounding the coop that shall be totally enclosed to prevent escape and to protect the chickens from predators. Chickens must be enclosed within the coop each day from sundown to sunrise on the following day.

6.

During daylight hours, chickens may be permitted to roam outside the pen, described in subsection 4 of this section, and within the backyard, so long as they are confined within an area enclosed by a solid fence not less than six feet in height. Any such fence must comply with applicable requirements of the Unified Development Code. The chickens' wings shall be clipped to prevent them from escaping over the fence.

7.

It is unlawful for any chickens to be at large, as defined in Section 6.04.020. Any chickens found at large may be taken into possession and impounded by the animal control authority defined in Section 6.04.020 of this chapter. Any chickens not reclaimed within two business days may be euthanized.

8.

The coop and pen must be cleaned and maintained such that the coop and pen do not become a nuisance or attract excessive insects or vermin. Chicken waste, including unharvested eggs, is subject to the requirements of Section 6.08.140 of this chapter.

9.

Chickens shall be provided with sufficient potable liquid water at all times. Chicken feed shall be stored in secured containers to prevent access by mice, rats, and other vermin.

10.

It shall be unlawful to possess, keep or maintain live chickens in a dwelling unit of any kind.

a.

All lot owners (including any purchaser under a contract for deed) and adult residents of the eligible lot, including those residing in any accessory dwelling unit on the same lot, must consent in writing to keeping chickens on the lot. The consent of an individual lot owner or adult resident shall be effective and may be revoked in the same manner as described in subsection (10)(c), of this section.

b.

No chickens may be kept on an eligible lot unless all owners and all adult residents of adjacent lots consent in writing. For the purposes of the consent requirement of this paragraph, an "adjacent lot" means any lot that touches an eligible lot at any point, including corner to corner touching. A lot separated from the eligible lot only by an easement that does not provide for public vehicular, bicycle or pedestrian access, is deemed to be an adjacent lot for the purposes of the consent requirement of this paragraph.

c.

The consent of an adjacent owner or an adult resident shall be irrevocable for a period of one hundred eighty (180) days from the date consent is given in writing. After the expiration of one hundred eighty (180) days, an adjacent owner or adult resident may revoke consent by providing a written notice of revocation to the record owner(s) of the eligible lot and to any person keeping chickens on the eligible lot that was the subject of the original consent. Upon receiving written notice of the revocation of consent from any adjacent owner or adult resident, the owners and occupants of the eligible lot shall have sixty (60) days to remove all chickens.

d.

Rights-of-way and other public access areas that may be lawfully used for public vehicular, bicycle or pedestrian access (e.g. streets, alleys, sidewalks, greenways, parks, plazas, parking facilities, and playgrounds) that are adjacent to an eligible lot shall not be considered to be adjacent properties for the purposes of the consent requirement of subsection (10)(b), of this section, provided however, that no portion of a coop or pen may be located within six feet of an adjacent right-of-way or other public access area.

11.

This section does not supersede or affect the validity or enforceability of private lot restrictions, restrictive covenants, home owners' association agreements, or any other agreement or arrangement that may limit or prohibit the keeping of chickens.

12.

Chickens may not be killed within the city by or at the direction of the owner or keeper thereof, except pursuant to the lawful order of state or county health officials, or for the purpose of euthanasia when surrendered to a licensed veterinarian for such purpose, or as otherwise expressly permitted by law.

13.

The carcass of a dead chicken must be disposed of in accordance with Section 6.08.130 of this chapter.

14.

This section does not exempt any person from compliance with the provisions of Title 6 of the Cheyenne City Code. This section shall be enforced pursuant to Section 6.04.040 of this title.

E.

The city/county health officer may issue an order prohibiting the keeping of any animals, fowl or bird which poses a health hazard to the general public pursuant to city ordinances, or state and federal laws pertaining to public health.

(Ord. No. 4126, § 1, 4-25-16; Ord. No. 3882, § 1, 2-8-10; 2001 In-house code § 7-5)