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G9-16Ordinance No. G9 -16 AN ORDINANCE AMENDING CHAPTER 7.08 OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED, ENTITLED "KEEPING OF CHICKENS" WHEREAS, the City of Elgin is a home rule unit and as a home rule unit may exercise any power and perform any function pertaining to its government and affairs; and WHEREAS, the City Council of the City of Elgin has determined that it is appropriate to amend the current regulations for the keeping of chickens within the City of Elgin; and WHEREAS, the keeping of chickens within the City of Elgin and regulations pertaining thereto involve public health and pertain to the government and affairs of the City of Elgin. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That Section 7.08.030 of the Elgin Municipal Code, 1976, as amended, entitled "Confinement" be and is hereby further amended to read as follows: "All hens kept in the city shall be entirely confined in a pen, coop, building, or other enclosure at all times. During daylight hours hens may also be temporarily kept in a mobile screened enclosure commonly known as a chicken tractor. Such chicken tractors shall be located only in a rear yard in accordance with the structures- location restrictions provided for in this chapter. No chicken shall be kept inside a residence, with the exception that baby chicks less than eight (8) weeks old may be kept indoors until such time as it is fully feathered." Section 2. That Section 7.08.050 of the Elgin Municipal Code, 1976, as amended, entitled "Structures- Requirements" be and is hereby further amended to read as follows: "Structures housing hens shall consist of a covered inside enclosure known as a coop and an adjacent covered outside fenced area known as a pen. Structures housing hens shall provide not less than ten (10) square feet per hen with coop size limited to not more than fifty (50) square feet and pen enclosures limited to not more than one hundred (100) square feet. Coops shall be constructed to specifications as approved by the Community Development Director and must be placed either above ground or on a hard surface such as concrete, patio block or gravel and able to withstand natural forces such as wind, rain and snow. Wooden or pre -cast concrete posts shall be acceptable foundations if they are placed at least twenty -four inches into the ground and firmly tamped with dirt or gravel. Wooden or pre -cast concrete posts may also be secured into the ground using anchor posts that are otherwise typically used for fencing or decks. Any structure housing hens including any pen, coop, building or other enclosure that is not fully enclosed shall be screened to a height of six (6) feet. Said screening shall be comprised of fences or walls six (6) feet in height." Section 3. That Section 7.08.090 of the Elgin Municipal Code, 1976, as amended, entitled "License Permit Process" be and is hereby further amended by deleting subparagraph D thereof. Section 4. That Section 7.08.180 of the Elgin Municipal Code, 1976, as amended, entitled "Number of Licenses and Permits to be Issued" be and is hereby further amended to read as follows: "The number of licenses authorizing the keeping of chickens shall not exceed twenty -five (25) in number. The number of building permits issued in conjunction with structures housing hens including pens, coops, buildings or enclosures shall not exceed twenty -five (25) in number. Section 5. That Chapter 7.08 of the Elgin Municipal Code, 1976, as amended, entitled "Keeping of Chickens" be and is hereby further amended by deleting therefrom Section 7.08.190 entitled "One Year Pilot Project' and by renumbering Section 7.08.200 entitled "Severability" accordingly. Section 6. That all ordinances or parts of ordinances in conflict with the provisions of this ordinance be and are hereby repealed to the extent of any such conflict. Section 7. That this ordinance shall be in full force and effect upon its passage and publication in the manner provided by law. David J. Kapt" n, M yor Presented: February 24, 2016 Passed: February 24, 2016 Vote: Yeas: 7 Nays: 2 Recorded: February 24, 2016 Published: February 26, 2016 Attest: Att 4�� Lee Kimberly Dewis, eity Clerk PA