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1703ORDINANCE NO. 1703 (#22 - 2022) AN ORDINANCE TO AMEND VARIOUS SECTIONS OF THE JACKSONVILLE MUNICIPAL CODE, CHAPTER SIX (LIVESTOCK AND FOWL) FOR THE CITY OF JACKSONVILLE; AND FOR OTHER PURPOSES. WHEREAS, it is the intent of the City Council of the City of Jacksonville, Arkansas to amend the Jacksonville Municipal Code and adopt the new Animal Control regulations set forth below in an effort to encourage the humane treatment of animals. NOW, THEREFORE, BE IT ORDAINED AND ENACTED BY THE CITY COUNCIL OF THE CITY OF JACKSONVILLE, ARKANSAS, THAT: SECTION ONE: Jacksonville Municipal Code §6.08.030, Small Animals and Fowl — Compliance with Regulations, shall be amended to include and codified as follows: Small animals such as rabbits, guinea pigs, and fowl, such as chickens, pigeons, and turkeys, may be kept within the City limits, subject only to applicable regulations contained in this Code. In no instance shall an owner of such animals violate the noise restrictions of Jacksonville Municipal Code 9.36.032. SECTION TWO: Jacksonville Municipal Code §6.08.040, Small Animals and Fowl — Housing — Requirements and Floor Space, shall be amended and codified as follows: j A. Rabbits and other such four -legged, fur -bearing animals, shall be in an enclosure that provides a minimum of four square feet (4 SF) per animal over four (4) months of age; B. Chickens or roosters must be confined in an internal pen, coop, or enclosure in the backyard of the owner that is of sufficient height and strength to refrain the animal, with an additional second fencing enclosure surrounding the backyard of the property owner. The internal pen, coop, or enclosure is subject to all city and zoning building codes and must provide a minimum of three square feet (3 SF) per chicken or rooster over four (4) months of age. Chickens or roosters must be maintained said internal pen, coop, or enclosure and are not permitted to range freely in the backyard of the owner. C. Turkeys, shall have four square feet (4 SF) per bird over four (4) months of age; ORDINANCE NO. 1703 (#22 - 2022) Page Two D. Pigeons and other similar fowl not specifically mentioned in this subsection shall have two square feet (2 SF) per bird over four (4) months of age. In all instances, animal enclosures shall be maintained in a manner that does not create offensive odors, fly breeding, or any other nuisance or condition that is injurious to the public health, safety, or welfare. SECTION THREE: Jacksonville Municipal Code §6.08.050, Small Animals and Fowl — Housing— Distance from Business Establishments and Residences, shall be amended and codified as follows: For the purpose of calculating the distance requirement of this section, the distance of a small animal or fowl enclosure to an adjacent business, residence, or public street must be measured in a straight line without regard to intervening structures or objects The widths of alley, street rights-of-way, and other public rights-of-way will be used in the measurement. A. Chickens: A maximum of three (3) chickens may be maintained in an enclosure no closer than Fifty Feet (50') from any public street, business establishment and/or any residence other than that of the owner of said animals. A maximum of six (6) chickens may be maintained in an enclosure no closer than Seventy -Five Feet (75') from any public street, business establishment and/or any residence other than that of the owner of said animals. There are no restrictions on the number of chickens permitted on residential parcels consisting of at least Two and One -Half (2.5) acres. B. Roosters shall only be permitted on properties consisting of at least Two and One -Half (2.5) acres or more. C. In all circumstances, rabbits and other small animals not specifically mentioned in this subsection shall be maintained no closer than One Hundred Feet (100') from any public street, business establishment and/or any residence other than that of the owner of said animals. ORDINANCE NO. 1703 (#22 - 2022) Page Three SECTION FOUR: Nothing in this section shall be read to prohibit the rights of any valid Homeowners' Association, Property Owners' Association, or any similar organization from prohibiting the keeping of chickens within the bounds of its authority. SECTION FIVE: All Ordinances, parts of Ordinances, or previous actions taken by said Council in conflict herewith are hereby repealed to the extent of such conflict. SECTION SIX: This Ordinance, necessary for the continued efficient delivery of public services and for the benefit, health, safety, and welfare of the citizens of Jacksonville, should be implemented immediately. Therefore, an emergency is hereby declared, and this Ordinance shall be in force and effect from and after its date of passage. APPROVED AND ADOPTED THIS 15TH DAY OF SEPTEMBER, 2022. ATTEST: CITY OF JACKSONVILLE, ARKS BOB JOHNSON, MAYOR VITT, CITY CLERK APPROVED AS TO FORM: STEPFANIE FRIEDMAN, CITY ATTORNEY