Regular 6.B.
Regular City Council Meeting
- Meeting Date:
- 08/27/2012
- TITLE
- Public Hearing and Adoption of Animal Control Ordinance Allowing Urban Hens
- PRESENTED BY:
- Rich St. John
- Department:
- Police
Presentation:
Information
PROBLEM/ISSUE STATEMENT
A review of the existing Animal Ordinance and an interest in allowing citizens of Billings the right to keep and raise backyard hens has resulted in the submittal of these recommended changes to the Animal Ordinance of the City of Billings, Montana. The last changes made to the Animal Ordinance were approved by City Council on April 13, 2009. Billings Backyard Hen Initiative and the Magic City Hens are asking City Council to consider amending City Code to allow citizens the ability to house and care for up to (6) six hens on their property within the city limits of Billings. The proposed changes establish requirements when keeping such hens and for enforcement for failing to comply with those requirements. Changes provide a Permit requirement whose cost will be used to offset expenses for record keeping, education, and enforcement of the requirements.
ALTERNATIVES ANALYZED
The City Council may approve or disapprove the proposed ordinance. Approving it would allow for the practice of keeping chickens and base enforcement on current regulations for other animals allowed within the City of Billings. Disapproving it would allow keeping chickens within the City of Billings with no regulations should Zone Change 899 pass.
FINANCIAL IMPACT
The financial impact will be minimal with a slight revenue increase for fees to be charged for Permits allowing chickens.
BACKGROUND
On June 7, 2011, the City Zoning Commission voted unanimously to forward a recommendation of denial of the request to initiate a zoning text amendment to the City Council to allow raising a limited number of chickens in residential zoning districts.
On July 19, 2011, the Backyard Hen Initiative group gave their presentation to the Animal Control Board. As the Board did not have a quorum at this time no business was discussed.
On September 26, 2011, public comments at the City Council regular meeting prompted Council members to request staff to bring back a report to Council with ideas on the Hen Initiative, to look at ordinances in other communities and draft reasonable guidelines that could apply to Billings; to bring back issues that other communities which have approved urban chickens were having; and reasonable restrictions that could be implemented.
On October 25, 2011, the Animal Control Board held a public meeting to hear the Billings Backyard Hen Initiative and receive public comment. This was an open discussion and all public attendees were in favor of allowing the raising of hens in the city limits of Billings.
Presentations of proposed possibilities allowing chickens within the City of Billings were presented to the Public during (3) three public Community Conversations meetings held in November 2011.
On November 21, 2011 Staff gave City Council a presentation on allowing chickens in the City Limits with examples of other cities requirements and regulations for keeping of chickens. Council voted to table the idea indefinitely.
On March 26, 2012 City Council was asked to approve amendments to City Zoning Code clearly stating that Livestock and Fowl were prohibited within the City Limits. Council chose to table this issue for 30 days. A Council initiative was passed asking for a draft ordinance that would allow chickens within the City, requiring attendance to training classes, setting a 1 year trail period, requiring permits, and asking that the Ordinance be based on Missoula and Bozeman Ordinances. Recommendations should be brought to a Work Session.
On April 16, 2012 a Power Point presentation and Draft Ordinance was presented to City Council at a work session. Discussion at this meeting rejected some of the requirements being asked of in the Draft Ordinance.
On April 23, 2012 amendments to Zoning Code clarifying chickens and other livestock were not allowed within the City Limits were again presented. Council chose to table indefinitely the proposed changes.
On May 14, 2012 Council initiative directing staff to bring back an Urban Chicken Ordinance for the City of Billings based on the language of Missoula’s City Code. It was recommended to be given a 1 year trial period.
On June 12, 2012 an Animal Control Board meeting was held. At the meeting draft ordinance options were presented to the Board and citizens attending. Option 1 based specifically on the Missoula city code and Option 2 based on the Missoula city code with staff recommendations were presented. Board members in attendance and citizens present voted in favor of Option 2, suggesting minor changes.
On July 3, 2012 the Zoning Commission unanimously voted a recommendation of denial to be forward to City Council for City Zone change #899, a text amendment allowing poultry in residential zoning districts and commercial zoning districts developed for residential uses.
On July 23, 2012 City Council voted to postpone action on First Reading Zone Change 899 which would allow chickens within the City Limits until August 27, 2012. Staff suggested that Council delay that action until changes to the Animal Control Ordinances could be presented with the proposed Zoning changes.
On August 6, 2012 a Power Point presentation with two possible draft Animal Control Ordinances was presented at the Council Work Session. Council directed staff to go forward with the staff recommended draft.
On July 19, 2011, the Backyard Hen Initiative group gave their presentation to the Animal Control Board. As the Board did not have a quorum at this time no business was discussed.
On September 26, 2011, public comments at the City Council regular meeting prompted Council members to request staff to bring back a report to Council with ideas on the Hen Initiative, to look at ordinances in other communities and draft reasonable guidelines that could apply to Billings; to bring back issues that other communities which have approved urban chickens were having; and reasonable restrictions that could be implemented.
On October 25, 2011, the Animal Control Board held a public meeting to hear the Billings Backyard Hen Initiative and receive public comment. This was an open discussion and all public attendees were in favor of allowing the raising of hens in the city limits of Billings.
Presentations of proposed possibilities allowing chickens within the City of Billings were presented to the Public during (3) three public Community Conversations meetings held in November 2011.
On November 21, 2011 Staff gave City Council a presentation on allowing chickens in the City Limits with examples of other cities requirements and regulations for keeping of chickens. Council voted to table the idea indefinitely.
On March 26, 2012 City Council was asked to approve amendments to City Zoning Code clearly stating that Livestock and Fowl were prohibited within the City Limits. Council chose to table this issue for 30 days. A Council initiative was passed asking for a draft ordinance that would allow chickens within the City, requiring attendance to training classes, setting a 1 year trail period, requiring permits, and asking that the Ordinance be based on Missoula and Bozeman Ordinances. Recommendations should be brought to a Work Session.
On April 16, 2012 a Power Point presentation and Draft Ordinance was presented to City Council at a work session. Discussion at this meeting rejected some of the requirements being asked of in the Draft Ordinance.
On April 23, 2012 amendments to Zoning Code clarifying chickens and other livestock were not allowed within the City Limits were again presented. Council chose to table indefinitely the proposed changes.
On May 14, 2012 Council initiative directing staff to bring back an Urban Chicken Ordinance for the City of Billings based on the language of Missoula’s City Code. It was recommended to be given a 1 year trial period.
On June 12, 2012 an Animal Control Board meeting was held. At the meeting draft ordinance options were presented to the Board and citizens attending. Option 1 based specifically on the Missoula city code and Option 2 based on the Missoula city code with staff recommendations were presented. Board members in attendance and citizens present voted in favor of Option 2, suggesting minor changes.
On July 3, 2012 the Zoning Commission unanimously voted a recommendation of denial to be forward to City Council for City Zone change #899, a text amendment allowing poultry in residential zoning districts and commercial zoning districts developed for residential uses.
On July 23, 2012 City Council voted to postpone action on First Reading Zone Change 899 which would allow chickens within the City Limits until August 27, 2012. Staff suggested that Council delay that action until changes to the Animal Control Ordinances could be presented with the proposed Zoning changes.
On August 6, 2012 a Power Point presentation with two possible draft Animal Control Ordinances was presented at the Council Work Session. Council directed staff to go forward with the staff recommended draft.