HomeMy WebLinkAboutOrdinance No. 4351 .3 - Second Reading: Amend RCO 113B Relating to Maintaing Ducks
ORDINANCE NO_________
AN ORDINANCE AMENDING CHAPTER 113B OF THE
ROCHESTER CODE OF ORDINANCES RELATING TO
MAINTAINING DUCKS WITHIN THE CITY OF ROCHESTER.
THE COMMON COUNCIL OF THE CITY OF ROCHESTER DO ORDAIN:
Section 1. Chapter 113B of the Rochester Code of Ordinances is hereby
amended to read as follows:
CHAPTER 113B
DUCKS
113B.01. Ducks Limited. Subdivision 1. It is unlawful for any person to
keep or harbor ducks on any premises unless issued a permit to do so as provided
in this chapter or except as specifically allowed under section 62.148. Except as
provided in subdivision 2, no permit shall be issued for the keeping or harboring of
more than three hen ducks on any premises. No permit shall be issued for the
keeping of any drakes on any premises.
Subd. 2. A permit may be issued for the keeping or harboring of up to 12 hen
ducks if the applicant is involved in educational or instructional activity, and the need
for the greater number of ducks is directly related to the educational or instructional
activity.
113B.011. Definitions. The term “Duck Coop” means a structure for
housing ducks made of wood or other similar materials that provides shelter from
the elements. The term “Duck Run” means an enclosed outside yard for keeping
ducks. The term “Premises” means any platted lot or group of contiguous lots,
parcels or tracts of land.
113B.02. Permit. No person shall maintain a duck coop and run unless
they have been granted a permit by the common council. The permit shall be
subject to all terms and conditions of this chapter and any additional conditions
deemed necessary by the council to protect the public health, safety and welfare.
The necessary permit applications are available in the City Clerk’s Office. Included
with the completed application must be a scaled diagram that indicates the location
of any duck coop and run, and the approximate size and distance from adjoining
structures and property lines. A permit for the keeping of ducks may be revoked or
suspended by the council for any violation of chapter 113B following written notice
and a public hearing. A fee of $20.00 will be charged for each permit which will be
st
valid until December 31 of the following year.which shall expire on December 31 of
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the second year of the permit.
113B.03. Confinement. Every person who owns, controls, keeps
maintains or harbors hen ducks must keep them confined at all times while in the
city in a duck coop and duck run. Any coop and run shall be screened with a
solid fence or landscaped buffer with a minimum height of four feet. Any coop
and run shall be at least 25 feet from any residential structure on any other
premises.
113B.04. Duck Coops. Subdivision 1. All duck coops and runs must
be located at least 25 feet from any dwelling on any other premises. All duck coops
must meet the requirements of the building and zoning codes, must not exceed ten
square feet per duck, and must not exceed six feet in total height. Attached fenced-
in duck runs must not exceed 20 square feet per duck and must not exceed six feet
in total height. Duck runs may be enclosed with wood and/or woven wire materials,
and allow ducks to contact the ground. Duck feed and manure must be kept in
rodent and raccoon proof containers and must not be placed in yard compost piles.
Subd. 2. Duck coops must either:
A. Be elevated with a clear open space of at least 24
inches between the ground surface and framing/floor
of the cooper; or
B. Have a coop floor, foundation and footings
constructed using rodent resistant concrete
construction.
113B.05. Conditions. No person who owns, keeps or harbors hen
ducks shall permit the premises where the hen ducks are kept to be or remain in an
unhealthy, unsanitary or noxious condition or to permit the premises to be in such
condition that noxious odors are carried to adjacent public or private property. Any
duck coop and run authorized by permit under this chapter may be inspected at any
reasonable time by a city animal control officer or other agent of the city.
113B.06. Violations. Any person who keeps or harbors ducks in the city
limits of Rochester without obtaining or maintaining a current permit or after a permit
has been suspended or revoked by council action shall be guilty of a petty
misdemeanor.
Section 2. This ordinance shall be effective from and after the date of its
publication.
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PASSED AND ADOPTED BY THE COMMON COUNCIL OF THE CITY OF
ROCHESTER, MINNESOTA, THIS ________ DAY OF _______________, 2018.
___________________________________
PRESIDENT OF SAID COMMON COUNCIL
ATTEST: __________________________
CITY CLERK
APPROVED THIS _______ DAY OF _________________, 2018.
___________________________________
MAYOR
(Seal of the City of
Rochester, Minnesota)
Ord15\\113B
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