Full Text
Page 1 of 4 Ogden City Council Work Session: August 29, 2017 FACT FINDING WORK SESSION TO DISCUSS URBAN CHICKENS Purpose of Work Session To receive information from various groups relative to allowing urban chickens in Ogden and to provide an opportunity for public comment on this topic. Executive Summary The Ogden City Council has received feedback from various residents, including the Ogden Chicken Alliance, on options to allow chickens within city limits. The purpose of this fact finding work session meeting is for Council Members to learn from resident experts, gather facts and information, receive public input and possibly determine next steps. Background 2009 The Ogden City Council considered a resident’s petition requesting that chickens be included as a permitted use in single family residential zones. The Planning Commission recommended denial with a 5-2 vote, and the City Council voted unanimously not to have an ordinance drafted based on the parameters of the initial proposal. The Council requested that a more prescriptive ordinance be drafted that would allow chickens and that this again be considered by the Planning Commission. 2010 An ordinance to allow chickens was drafted and reviewed by the Planning Commission and considered by the Council. The Planning Commission recommended denial with a 5-2 vote, and adoption of the ordinance failed with a 3-4 City Council vote. 2012 The City Council held a work session to discuss whether to further consider allowing chickens in residential areas and determined to pursue no further action at that time. ---PAGE BREAK--- Page 2 of 4 Ogden City Council Work Session: August 29, 2017 Questions Ogden City Administration Police Department – Animal Services 1. How many chicken related complaints are addressed annually by Animal Services? How are these addressed? 2. How much is the anticipated cost of enforcement? 3. How much would this proposal impact the operations for Animal Service? 4. Who would be responsible to ensure that coops are kept in a clean and sanitary condition? How might responsibilities be divided between Animal Services and Code Enforcement? 5. If there is an ordinance allowing chickens, how would this be enforced? If it is a permitted use, do staff then seek out and ensure everyone is following this? Code Enforcement 6. What impacts would this proposal have on Code Enforcement operations? 7. How many chicken related complaints are addressed annually by Code Enforcement? How are these addressed? Planning/Land Use 8. How does allowing chickens in residential zones relate with the existing city general plan and current zoning ordinances? 9. What are the impacts that chickens might have on neighboring properties and what possible remedies might address these? 10. Please describe some of the prior dialogue of the Planning Commission and why they recommended denial both times this item was considered in the recent past. ---PAGE BREAK--- Page 3 of 4 Ogden City Council Work Session: August 29, 2017 Weber-Morgan Health Department 11. What diseases and health concerns do backyard chickens pose? 12. How easily can chickens contract and spread diseases? 13. How can disease prevention be best addressed with chickens? 14. How must eggs be maintained in order ensure that they are safe for consumption? Utah State University Extension Services 15. How much time is required to properly care for and provide a clean and safe environment for chickens? 16. How much noise do chickens produce? Roosters? 17. Are there ways to ensure that roosters aren’t brought into the city? What happens when a baby chick grows into a rooster? How can an owner best find a new home for this animal? 18. What happens to chickens that are no longer able to produce eggs due to age? 19. How much does it cost to provide a proper home for chickens? 20. What is the difference between homegrown eggs versus eggs sold in the grocery store? (health, nutrition, etc.)? 21. What impacts do chickens have with relation to odors? What options are available to best control this and to clean chicken waste? 22. What training or certifications are available for properly owning chickens? 23. What can be done to ensure that chickens are kept safe from predators? 24. Please describe if/how chickens impact the migratory habits and location of raccoons, rodents, skunks, etc.? Ogden Chicken Alliance 25. What components do you feel should be included in an ordinance? ---PAGE BREAK--- Page 4 of 4 Ogden City Council Work Session: August 29, 2017 26. What is the best way to ensure those wishing to own chickens are aware of the various requirements to properly provide for these animals in a safe, clean and low-impact environment? Attachments 1. Fact Finding Work Session and Chicken Ordinance Summary 2. Council Staff Introduction 3. Ogden Police Department Presentation 4. Ogden City Code Enforcement Presentation 5. Ogden City Planning Presentation 6. Weber-Morgan Health Department Presentation 7. USU Extension Services Presentation 8. Ogden Chicken Alliance Presentation Council Staff Contact: Amy Sue Mabey, (801)629-8629 ---PAGE BREAK--- Fact Finding Work Session August 29, 2017 The City Council will hold a fact finding work session to gather information relative to allowing urban chickens in Ogden’s residential neighborhoods. The Council will not be considering an ordinance during this meeting, rather this is an opportunity to gather facts and to determine whether there is interest in the Council pursuing a change to the current ordinance, and if so how best to proceed. Six groups have been invited to make 10 minute presentations that will each be followed by 5 minutes of response time to questions from Council Members (15 minutes total designated for each presenter). Each presenting group has been asked to address the benefits and challenges of allowing urban chickens based on their areas of expertise. Invited Presenters o Ogden City Administration Police Department – Animal Services and Licensing Code Enforcement Planning/Land Use o Weber-Morgan Health Department o USU Extension Services o Ogden Chicken Alliance The presentations will be followed by a 15 minute meeting break. Once the meeting resumes, residents will have the opportunity to express their thoughts on this topic, with up to 3 minutes allowed for each person. The Council will then provide comments and if desired discuss any next steps. Ogden City Chicken Ordinance Current City Policy Chickens are not currently permitted in Ogden, with the very limited exception of legally non- conforming parcels, meaning that chickens have been kept on the land continuously since before zoning ordinances were changed to no longer allow chickens. For the handful of people permitted to have chickens, it is required that the chickens are confined at all times in proper enclosures and that all enclosures are kept in a clean and sanitary condition and maintained more than seventy-five feet from any dwelling. ---PAGE BREAK--- 2010 Consideration An ordinance to allow chickens was reviewed by the Planning Commission and considered by the Council in 2010. The Planning Commission recommended denial with a 5-2 vote, and adoption of the ordinance failed with a 3-4 City Council vote. Components to Consider The following list outlines guidelines that are included in chicken ordinances that have been adopted in other cities. These provide a basepoint for comment and aren’t a comprehensive list of all available options. There is no current ordinance under consideration by the City Council. Possible Chicken Ordinance Components Allowing Chickens Allowing residents to own a defined number chickens, no roosters, in single-family residential zones for the purpose of producing eggs for lot residents. Permits Requiring a permit to own chickens with one permit allowed per single- family home and an annual fee associated with administrative and enforcement related costs. Single-Family Homes Allowing chickens in single-family residential areas, asking for written permission from property owners for rental units and not allowing chickens for duplexes or multi-family units. Chicken Coop/Pen Requiring that chickens be confined at all times in a fully-enclosed coop or pen that is maintained in a clean and sanitary condition. Coops being designed to protect chickens from predators and weather, and to deter rodents. There are also options to address the size of a coop and ensure adequate space is available for chickens. Distance Requirements Determining that coops are located in the rear yard and defining specific distance requirements from property lines, neighboring homes, other structures (like sheds) and the lot home. Health & Safety Requiring that chickens are maintained in a healthy, disease-free condition (vaccinations, etc.), and that those with communicable diseases are properly removed. Requiring that coop scrapings, dead chickens, manure and other wastes are properly stored and that final disposal is done without creating a health hazard/nuisance. Allowing city or health department access to inspect the animals and the premises where animals are kept at any time. Limitations Not allowing coops to be used for breeding, raising or harboring chickens for commercial or marketing purposes. Not allowing urban chicken eggs to be sold or bartered. Prohibiting slaughtering of chickens on the property associated with a permit. Addressing odors and noise. ---PAGE BREAK--- Urban Chickens in Ogden August 29, 2017 ---PAGE BREAK--- Question: Should chickens be allowed for egg production in Ogden’s residential areas? ---PAGE BREAK--- Background • Chickens are not a simple “yes” or “no” decision • There must be policy to support this • The Council has a lot to weigh, including a variety of perspectives and facts • More information = Better informed decisions ---PAGE BREAK--- History 2009 – Consideration of a petitioner’s proposal – Planning Commission recommended denial with a 5-2 vote and the City Council voted unanimously not to have an ordinance drafted based on guidelines in the initial proposal. Public input was received. 2010 – City Council requested that a revised ordinance be considered. The Planning Commission recommended denial with a 5-2 vote, and this failed by Council consideration with a 3-4 vote. Public input was received. 2012 – City Council discussed whether to further consider allowing chickens in residential areas and determined no further action at that time. 2017 – Ogden Chicken Alliance requested additional dialogue on this item. The intent of the Council is to gather facts and information about this topic and receive public input. ---PAGE BREAK--- Prior Considerations • Compliance • Health • Education • Licensing/enforcement • Lot sizes • Maintenance/expense • Neighbors • Noise (roosters) • Odor and waste • Quality of eggs (taste/nutrition) • Quality of life (pets) • Sustainability • Wildlife (raccoons, rodents, etc.) ---PAGE BREAK--- Current City Benchmark City Chickens Allowed in Residential Zones Ogden 0 North Ogden 10+ (depending on lot size) South Ogden 0 Salt Lake City 15 Provo 2+ (depending on lot size) Murray 0 ---PAGE BREAK--- Fact Finding Work Session • Learn from resident experts • Gather facts and information • Receive public input • Determine how best to proceed ---PAGE BREAK--- OGDEN ANIMAL SERVICES URBAN CHICKENS ---PAGE BREAK--- URBAN CHICKENS • Enforcement of the current ordinance prohibiting chickens currently lies with Code Enforcement. Historically Animal Services assists code enforcement with chicken complaints, but there has been a significant increase in the past few months and all of the complaints have been relayed to code enforcement. Animal Services receives at least one or two calls a week from people inquiring about having a coop inside Ogden City and they advise them that it isn’t currently allowed. ---PAGE BREAK--- URBAN CHICKENS • The hourly cost for an Animal Services Officer with benefits is $21.00. If coops were allowed in the city there would appear to be a high demand. This would cause the need for the following service increase by Animal Services. • • Inspections x 20 hours weekly = $420.00 • Complaints for noise and nuisance x 20 hours weekly = $420 • Complaints for skunks, mice, rats, snakes and raccoon’s increasing x 10 hours weekly = $210.00 • • Weekly = $1050.00 • = $4,200 • Annually = $50,400 ---PAGE BREAK--- URBAN CHICKENS • Animal Services handled 2697 complaints in 2014 which was up from 1854 in 2013. We feel the change in ordinance would require another full time positon and vehicle to manage the increase in inspections and enforcement. ---PAGE BREAK--- URBAN CHICKENS • The current arrangement of sharing responsibilities between Code Enforcement and Animal Services is ineffectual. If chickens were allowed it would not make sense to share the responsibility. We would want one group fully trained and staffed to effectively address the issue. ---PAGE BREAK--- URBAN CHICKENS • Animal Services currently works diligently to make time to proactively enforce codes for stray dogs, cats and unlicensed animals. Adding inspections of coops that are being built and on-going inspections of completed coops would take away time from other needed enforcement activities in the city. • Urban Chicken Coops inside Ogden are highly likely to lead to a large number of complaints of dog attacks on chickens that are either wandering outside the coop, or where in the coop didn’t provide sufficient protection. ---PAGE BREAK--- Ogden City Code Services Chickens Items for Consideration ---PAGE BREAK--- Concerns Allowing additional types of animals (roosters, goats, pigs, etc.) Attraction of rodents and predators if chickens and coops not properly cared for Ability to address complaints when received (hardships include location, timing, contact, etc.) Feedback from Code Services in other jurisdictions allowing chickens included comments about a disproportionate balance of time and enforcement. Several reported that some property owners were not as diligent once chickens were approved leading to an increase in complaints. ---PAGE BREAK--- Number of chickens allowed on a property Location of chickens and coops need to balance property rights of adjacent neighbors (Ogden has a lot of small and compact properties) Ability to track and quickly verify that the chickens are legal (not only for city personnel but surrounding neighbors as well) An education program for owners to ensure proper boarding and care Considerations ---PAGE BREAK--- Slaughtering is it allowed? (some jurisdictions did not allow it specifically by ordinance while others were silent, need to have clear rules) Will single family dwelling rental properties be allowed to participate? If so do they need permission from the property owner? What about multi-family complexes and trailer parks. Who is required to obtain a license, if required, the property owner or the occupant? Citations, if applicable, are sent to the property owner of record. Considerations Cont’d ---PAGE BREAK--- ---PAGE BREAK--- CONSIDERATION OF CHICKEN ---PAGE BREAK--- EARLY OGDEN SUBDIVISIONS City of Zion concept 10 one acre lots (132’ x 330’) Neighborhood relationships Agriculture and small animals Note distance from neighbors and out buildings ---PAGE BREAK--- CHANGING DEVELOPMENT PATTER Smaller lots (3,400 sq ft) and smaller blocks. 104 lots, a street and two allies in 10 acres. Houses closer together. Changing lot sizes created changing uses of lot ---PAGE BREAK--- CHANGING DEVELOPMENT PATTER Lot size adjustments (6850 sq ft) based on anticipated use. Rear yard as open space and entertainment area. ---PAGE BREAK--- CHANGING DEVELOPMENT PATTER Larger shallower lots, larger homes, less yard. (110-120 feet deep 12,000 sq. ft.) ---PAGE BREAK--- DEVELOPMENT LESSON LEARNED F When it comes to animals distance makes the best neighbors ---PAGE BREAK--- DISCUSSION IS ONE OF PERSPECT ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- BALANCING TEST OF INDIVIDUALI INDIVIDUAL 1. Conditions, 2. Desires, 3. Abilities CIVILITY-What it takes to live together 1. My actions affect others 2. Health and wellness for the community ---PAGE BREAK--- WHAT ARE THE OVERALL GOALS IN Housing that is well maintained, varied in cost and mixed density and is located in safe, stable and revitalized neighborhoods throughout Ogden. Land uses that emphasizes revitalization of the community…preserves and enhances neighborhoods and includes a pleasing green environment. Neighborhoods in which residents are involved in creating a safe, livable and attractive neighborhood. ---PAGE BREAK--- PRESSURE OF DOING MORE ON LESS LA There are more demands for use of limited land. Cars, toys, storage, garden, pets, recreation, privacy, hobby, business. Living together in a city is challenging ---PAGE BREAK--- EXISTING RESIDENTIAL LOT SIZE ---PAGE BREAK--- OTHER CONSIDERATIONS Increased conflict with wildlife. What are the expectations? ---PAGE BREAK--- OTHER CONSIDERATIONS Truth according to “Google” The “right” versus the “requirement to make it a right.” ---PAGE BREAK--- A Public Health Perspective Backyard Chickens – For the Ogden City Council August 29, 2017 Prepared by the Weber-Morgan Health Department ---PAGE BREAK--- Reportable Disease Investigations • Public health routinely asks about exposure to live poultry during applicable disease investigations. • Live poultry often carry germs such as Salmonella. • Microscopic bacteria can live in their droppings, on their skin, feathers, feet and beaks, cages, coops, water dishes, plants and soil where the birds live and roam. ---PAGE BREAK--- General Prevention Advice • Children, elderly and anyone with suppressed immune systems are most at risk. • Frequent and thorough hand washing with soap and water is vitally important if you’re handling birds or items related to their living area. • Use hand sanitizer if soap and water are unavailable. • Do not nuzzle or kiss chicks or adult birds. • Failure to maintain a clean coop could result in sanitation issues such as flies, rodents and other animals seeking food. ---PAGE BREAK--- Prevention in the Home • Don’t prepare food, eat or drink in areas where the birds live and roam. • Keep a dedicated pair of footwear in a separate area outside of the home. • Clean cages and related equipment outside. • Do not bring live poultry inside the home, especially in the kitchen. • Clean toys and other items that contact areas where birds roam. ---PAGE BREAK--- Preventing Foodborne Illness Related to Eggs • Maintain a clean coop. • Collect eggs often and refrigerate immediately. • Remove dirt and debris with cloth and fine sandpaper. • Do not wash eggs. Washing can draw germs inside the egg. • Cook eggs thoroughly. Raw, runny and undercooked eggs may contain Salmonella bacteria that can make you sick. ---PAGE BREAK--- • The Centers for Disease Control reports that outbreaks linked to contact with live poultry have increased in recent years as more people keep backyard flocks. • In 2016, a record number of illnesses nationwide were linked to contact with backyard poultry. • For more information: Reported Trends ---PAGE BREAK--- Reported Trends . . . continued Year Outbreaks Investigated Total Cases States Hospitalizations Deaths Cases in Utah 2017 10 961 48 215 1 28 2016 8 895 48 209 3 4 2015 4 252 23 63 0 6 2014 1 363 43 63 0 2 2013 2 514 46 91 0 15 2012 3 334 42 +1 Territory 68 3 6 Multistate Outbreaks of Human Salmonella Infections Linked to Live Poultry in Backyard Flocks ---PAGE BREAK--- ---PAGE BREAK--- e x t e n s i o n . u s u . e d u BACKYARD CHICKENS David D. Frame, DVM, DACPV Utah State University Extension Poultry Specialist Presentation to the Ogden City Council and Public August 29, 2017 ---PAGE BREAK--- ---PAGE BREAK--- e x t e n s i o n . u s u . e d u Chickens in Residential Areas Inexpensive Initial setup: housing, runs, fences: <$100 to >$600 Low maintenance cost: ~$25.00/hen/year Non-intrusive (if properly housed) Harmless and easy to care for Eco-friendly Eat insects Natural fertilizer (≥40 lbs dry manure/year) ---PAGE BREAK--- e x t e n s i o n . u s u . e d u Responsibilities Animal Welfare Pet Provision of informed proper care and housing Good Neighbor/Best Management Practices Restraint and restriction Rodent control Proper handling of eggs Proper handling of poultry carcasses ---PAGE BREAK--- e x t e n s i o n . u s u . e d u Restraint and Restrictions • May chickens be legally kept at your location? • What are the local animal control ordinances? • Disposal of sick, injured, or dead birds? • Know and abide by local and State laws regulating processing of poultry and sale of eggs and poultry products. ---PAGE BREAK--- “It may be the cock that crows, but it is the hen that lays the eggs.” - Margaret Thatcher ---PAGE BREAK--- ---PAGE BREAK--- e x t e n s i o n . u s u . e d u ---PAGE BREAK--- e x t e n s i o n . u s u . e d u ---PAGE BREAK--- e x t e n s i o n . u s u . e d u Nest Boxes ---PAGE BREAK--- e x t e n s i o n . u s u . e d u Handling Procedures of Eggs for Consumption • An egg can age more in one day at room temperature than in one week in the refrigerator. • Can be stored at refrigerator temperature (40° to 45° F) for at least five weeks. ---PAGE BREAK--- e x t e n s i o n . u s u . e d u Public Egg Sales For questions on egg sales to the public, contact the Utah Department of Agriculture and Food. (801) 538-7100 HTTP://AG.UTAH.GOV/HOME/NEWS/67-LICENSES-REGULATIONS- AND-REGISTRATION/REGULATIONS/404-SMALL-EGG-PRODUCER- RULES-R70-410-4.HTML ---PAGE BREAK--- e x t e n s i o n . u s u . e d u Disposal of Deceased and Spent Fowl and Poultry Litter It is important to realize that chickens have a relatively short lifespan. The optimally productive life of a hen is about three to five years. Baby chicks soon grow up to be adult chickens and adult chickens end up as old chickens, then what?? ---PAGE BREAK--- e x t e n s i o n . u s u . e d u Cleanup and Sanitation Make environment inhospitable for pests. Minimize feed spills. Store feed in covered containers. Maintain optimal litter condition. Dispose of litter and properly. remove dead birds; properly dispose of mortality in accordance with regulations. ---PAGE BREAK--- e x t e n s i o n . u s u . e d u QUESTIONS? ¿PREGUNTAS? ---PAGE BREAK--- Why HENS are the “IT” BIRD ---PAGE BREAK--- ---PAGE BREAK--- Interest in hen keeping exploded in 2010 ---PAGE BREAK--- Flash in the Pan or Growing Movement? Farm & Garden CEO thought it would fizzle out… The West is mostly chicken friendly, with fewer anti-chicken ordinances World’s top retailer is even selling all types of chicken food and hen scratch ---PAGE BREAK--- Why? Pest control Nitrogen-rich fertilizer Sustainability Entertainment Egg production ---PAGE BREAK--- Backyard Eggs vs. Store Bought Mother Earth News Study: Cholesterol: 1/3 less Omega-3s: twice as many Beta Carotene: 7 times more Vitamin A: 1/3 more Vitamin E: 3 times more According to the USDA, eggs sold in grocery stores are still considered “fresh” up to 45 days after they were packed ---PAGE BREAK--- Fresh vs. Store Bought Egg ---PAGE BREAK--- Where are people keeping chickens? ---PAGE BREAK--- Where are people keeping chickens? BOISE PHOENIX NEW YORK LOS ANGELES CHICAGO ATLANTA SAN FRANCISCO SEATTLE SPOKANE PORTLAND SALT LAKE CITY BRIGHAM CITY PROVO ST. GEORGE TWIN FALLS NAMPA CALDWELL MOAB ---PAGE BREAK--- Chicken Ordinance Survey Conducted by Hugh Bartling’s Green Urban Policy Class DePaul University ---PAGE BREAK--- Urban Hens & Local Elections × × × ---PAGE BREAK--- So why are some communities NOT keen on CHICKENS? NOISE SMELL HEALTH ---PAGE BREAK--- It’s minimal because there are no roosters …cock-a-doodle-don’t ---PAGE BREAK--- Smell (4-6 backyard hens DON’T smell) ---PAGE BREAK--- Health (backyard hens are healthier than commercially raised chickens) ---PAGE BREAK--- Most often they are treated as pets. ---PAGE BREAK--- They are given names… ---PAGE BREAK--- MARSHA, JAN AND CINDY ---PAGE BREAK--- They are sometimes treated like a family cat or dog. ---PAGE BREAK--- And, at times enduring some manhandling from the youngest family members. ---PAGE BREAK--- Simply put, the “girls” become part of the family. ---PAGE BREAK--- From 1918 magazines and newspapers ---PAGE BREAK--- WEBER CO. PUBLIC OPINION SURVEY OF BACKYARD CHICKEN OWNERSHIP AND ORDINANCE Source: Weber County Small Flock Chicken Survey 2017 ---PAGE BREAK--- PUBLIC OPINION SURVEY OF BACKYARD CHICKEN OWNERSHIP AND ORDINANCE OGDEN ---PAGE BREAK---