Sec. 14-134. Keeping of chickens and domesticated ducks.
(a) In those zoning districts where the keeping of livestock is not otherwise allowed, the keeping of chickens and/or ducks is permitted, subject to the following requirements and all other applicable provisions of this Code:
(1) The chicken or duck owner must obtain and maintain a permit from the director of housing and community services department, or such director's designee, and pay a one-time permit fee established by the director of housing and community services department in accordance with section 2-587;
(2) The keeping of roosters is prohibited; only chicken hens or ducks are permitted.
(3) Chicken hens and/or ducks may be kept in the following numbers:
a. On single-family residential properties upon lots less than 20,000 square feet in size, up to six chickens; or a minimum of two ducks but no more than two ducks with no more than four chickens; and
b. On all single-family residential properties upon lots of 20,000 or more square feet in size, up to eight chickens; or a minimum of two ducks with no more than six chickens; or three ducks with no more than five chickens; or a maximum of four ducks with no more than four chickens.
c. No single-family residential property duck owner shall have less than two ducks.
(4) The chicken hens and ducks must be provided with a covered, appropriate predator-resistant bird coop that is:
a. Located in the rear yard that is fenced by an opaque fence that conforms to the fence requirements in chapter 146;
b. At least two square feet per chicken hen and duck in size;
c. Not in excess of 120 square feet in floor space;
d. Properly ventilated, and designed to be easily accessed, cleaned, and maintained; and
e. Located adjacent to an enclosed area not less than 16 square feet in size to allow chicken hens and ducks outdoors, with adequate fencing to protect them from predators.
(5) During daylight hours, the chicken hens and ducks must have access to the bird coop and the outdoor enclosure;
(6) The chicken hens and ducks must be secured in the bird coop from dusk to dawn;
(7) The chicken hens and ducks must be sheltered or confined in such fashion as to prevent them from coming into contact with wild ducks or geese or their excrement, and to prevent them from running at large;
(8) Bird coops and enclosures shall be kept in a neat and sanitary condition at all times, and shall be cleaned on a regular basis so as to prevent offensive odors or excessive buildup of chicken waste or duck waste;
(9) Neither the bird coop nor the outdoor enclosure may be located less than 15 feet from any property line of any abutting properties not owned by the chicken or duck owner unless the owner of the chicken hens or ducks obtains the written consent of the owner(s) of all abutting properties to which the enclosure is proposed to be more closely located; in which event, the agreed-upon location shall then be deemed acceptable notwithstanding any subsequent change in ownership of such abutting property or properties;
(10) If the chicken or duck owner is not the owner of the property where the chicken hens or ducks will be kept, written consent must be obtained from the owner or owners of such property as a condition of issuing a permit;
(11) No chicken hen or duck shall be killed in the city by or at the direction of the owner thereof except pursuant to the lawful order of a state or county health official, for the purpose of euthanasia when surrendered to a licensed veterinarian, or as otherwise permitted by law;
(12) During the months of April through October, ducks shall have access to a suitable single container with a minimum of 30 gallons of fresh potable water to allow ducks to carry out their natural water-related behaviors.
(b) Any failure to maintain premises in compliance with the requirements of this section, or the conditions of the permit, shall be grounds for revocation of the permit.
(c) Any person who enters a plea of guilty, no contest, or is convicted of violating this section is subject to the penalty provisions of section 1-13 and may have their permit revoked.
(d) The director of the housing and community services department, or such director's designee, is authorized to confiscate, quarantine, or euthanize any chickens or ducks for the purpose of controlling the outbreak of contagious or infectious disease within the city. Nothing herein shall affect the authority of the state of Colorado from enforcing the provision of the Colorado Livestock Health Act, C.R.S. § 35-50-101 et seq., to control the outbreak of contagious or infectious disease among livestock in the city by quarantine or slaughter.
(e) Nothing herein shall be construed to permit the keeping of chickens or ducks upon any property when such activity is otherwise prohibited by covenants, conditions, and restrictions imposed by a homeowners' association with respect to such property.
(f) It shall be unlawful for a person to keep or allow to be kept a rooster or roosters on any lot of single-family residential property anywhere in the city. Any person who enters a plea of guilty or no contest or is convicted of violating this subsection shall be subject to the penalty provisions as provided in section 1-13. (Ord. No. 2022-48, § 1, 9-12-2022; Ord. No. 2020-55, § 35, 11-2-2020; Ord. No. 2015-60, § 1, 12-7-2015; Ord. No. 2014-06, § 1, 2-24-2014)