§ 8.12.020. Keeping of chickens.

A.

No person shall keep chickens within the metropolitan government area in such a manner that a nuisance is created.

B.

The keeping of chickens shall be in compliance with all applicable zoning laws pursuant to Title 17 of the Metropolitan Code.

C.

An annual permit issued by the department of health shall be required for the keeping of domesticated hens where allowed by Title 17 of the Metropolitan Code, provided that no permit shall be required for property that is zoned for agricultural uses except in the case of a school property as authorized by subsection N. of this section.

1.

The annual permit to keep domesticated hens may not be assigned to another person. In addition, the permit authorizes the keeping of hens only upon the property described in the permit. Except for hens kept on school properties for educational purposes pursuant to subsection N. of this section or kept on non-commercial community garden property located both within the Gallatin Pike improvement specific plan (SP) zoning district and the East Bank redevelopment district, the permittee must occupy the residence on the property where the hens are kept as the permittee's personal, primary residence. An applicant for a permit for residential property must either own the property or have permission from the property owner to be eligible for a permit.

2.

Only one permit is allowed per permittee. In the event the permittee is absent from the property for longer than sixty days, the permit automatically shall terminate and become void. The issuance of a permit does not create a vested right to renewal of the permit beyond the stated term thereof.

3.

The first permit year shall extend from the date of issuance through December 31, 2013. Thereafter the permit year shall be January 1 through December 31.

4.

Fees. The fee for an annual permit to keep domesticated hens is twenty-five dollars.

D.

Food storage and removal. All stored food for the domesticated hens must be kept either indoors or in a weather-resistant container designed to prevent access by animals. Uneaten food shall be removed daily.

E.

Enclosure.

1.

All domesticated hens shall be kept outside of a habitable structure in a predator-proof enclosure, a portion of which must be a covered henhouse, and a portion of which must be a fenced area complying with the provisions of Chapter 16.24 of the Metropolitan Code applicable to the construction of fences.

2.

In addition to the fenced enclosure, hens shall be provided with a covered, predator-resistant henhouse. A minimum of two square feet per hen shall be provided for henhouses and six square feet per bird for fenced enclosures.

3.

Fenced enclosures and henhouses must be properly ventilated, clean, dry, and odor-free, kept in a neat and sanitary condition at all times, in a manner that will not disturb the use or enjoyment of neighboring lots due to noise, odor or other adverse impact.

4.

The henhouse and fenced enclosure must provide adequate ventilation, adequate sun and shade, and must be constructed in a manner to resist access by rodents, wild birds, and predators, including dogs and cats.

5.

Henhouses shall be enclosed on all sides and shall have a roof and doors. Access doors must be able to be shut and locked at night. Opening windows and vents must be covered with predator- and bird-resistant wire of less than one inch openings.

F.

Sanitation, nuisance, and humane treatment.

1.

Waste storage and removal. Provision must be made for the storage and removal of chicken manure. All manure for composting or fertilizing shall be contained in a well-aerated garden compost pile. All other manure not used for composting or fertilizing shall be removed. In addition, the henhouse and surrounding area must be kept free from trash and accumulated droppings.

2.

No perceptible odor from the hens or the hen enclosure shall be present at any property line.

3.

All feed shall be stored in a rodent and predator-proof container having a metal lid.

4.

No slaughtering of domesticated hens may occur on the property.

5.

No breeding of chickens shall occur on the property.

6.

No domesticated hens shall be used or trained for the purpose of fighting for amusement, sport, or financial gain.

G.

Application for permit. Every applicant for a permit to keep domesticated hens shall:

1.

Complete and file an application on a form prescribed by the department of health.

2.

Deposit the prescribed permit fee with the department of health at the time the application is filed. Any material misstatement or omission shall be grounds for denial, suspension or revocation of the permit.

3.

Include with the application a picture, rendering, or design plans of the henhouse(s) to be used, as well as a description of the materials from which the henhouse is to be constructed.

H.

Approval of permit. The department of health shall issue a permit if the applicant submits an affidavit attesting that he/she is in compliance with the criteria and standards in this section.

I.

Denial, suspension or revocation of permit. The department of health shall deny a permit if the applicant fails to submit an affidavit demonstrating compliance with all provisions of this section. A permit to keep domesticated hens may be suspended or revoked by the department of health where there is a risk to public health or safety or for any violation of or failure to comply with any of the provisions of this section or with the provisions of any other applicable ordinance or law, provided that a permit to keep domesticated hens shall be revoked in the event a court of competent jurisdiction finds three or more separate violations of the provisions of this section and/or of Section 17.16.250.B of the Metropolitan Code within a twenty-four month period. Any denial, revocation, or suspension of a permit shall be in writing and shall include notification of the right to and procedure for appeal. In the event a permit to keep domesticated hens at a particular address is revoked pursuant to the provisions of this subsection, no new permit shall be issued by the department of health for the same address unless the property changes ownership or a new tenant is residing at the address.

J.

Penalty. In addition to any other enforcement action which the metropolitan government may take, violation of any provision of this section shall be subject to a fine of fifty dollars. Each day that a violation continues shall be treated as a separate offense.

K.

The department of health shall have the authority to adopt and implement rules and regulations necessary to further the provisions of this section, provided they are not in conflict with the requirements of this section.

L.

Where used in this section, the designation of "department of health" shall also include the division of metropolitan animal control services.

M.

[Reserved.]

N.

Specific provisions for permits on Metropolitan Nashville public school properties.

1.

Adequate nearby access to hand washing facilities, which include hot and cold water, single service paper towels, and hand soap, shall be provided, or, in the alternative to hand washing facilities, disposable rubber gloves shall be provided for use by all children handling the hens and/or eggs.

2.

[Reserved.]

3.

The applicant for a permit must provide a copy of a valid facility use agreement between the applicant and Metropolitan Nashville public schools that allows the keeping of hens on the property.

4.

The applicant must provide the residential address and phone number of three individuals willing to be on call to address any issues regarding this section, and one of those individuals must live within the school district of the school that is the subject of the application.

5.

The applicant must submit a written, signed plan that adequately addresses the handling, dispersal, and/or disposal of eggs produced by their domesticated hens, which plan must have been approved, in writing, by the school. An adequate plan will address, among other issues, the following:

(a)

How and how quickly children will be required to wash their hands after they have touched the eggs; and

(b)

The cleansing of eggs and the arrangements for their refrigeration.

6.

The maximum number of domesticated hens allowed under this subsection is twenty.

O.

Specific provisions for permits for non-commercial community garden property located both within the Gallatin Pike improvement specific plan (SP) zoning district and the East Bank redevelopment district.

1.

Adequate nearby access to hand washing facilities, which include hot and cold water, single service paper towels, and hand soap, shall be provided.

2.

Adequate access to electricity for the enclosure shall be provided in order to provide adequate temperature control.

3.

The applicant must provide the department with the residential address and phone number of three individuals willing to be on call to address any issues regarding this section.

4.

The maximum number of domesticated hens allowed under this subsection is six.

5.

The applicant must submit a written plan that adequately addresses the handling, dispersal, and/or disposal of eggs produced by their domesticated hens. Such plan shall, at a minimum, address hand washing, the cleansing of eggs, and arrangements for the refrigeration of eggs.

(Ord. BL2013-629 § 1, 2014; Amdt. 1 to Ord. BL2013-379 § 3, 2013; Ord. BL2013-379 §§ 1—3, 2013; Amdts. 1, 2 to Ord. BL2012-228 § 2, 2012; Ord. BL2012-228 §§ 1, 2, 2012; Ord. BL2011-47 § 1, 2012; prior code § 8-1-1)