Board Of Health Approves Ordinance Update Excluding Backyard Chickens From Counting Toward Overall Limit Of Household Animals

The Board of Health met 08/14/2024. One of the items they voted on was an update to the city’s municipal code regarding the number of animals that a person or household is allowed to own. The update was intended to clarify that for households with a chicken license, the number of chickens they owned did not count against the total number of household animals they were permitted under Municipal Code.

I’ve prepared a transcript of the discussion for download:

As currently written, Sec. 3-12 states “No person or household shall keep more than six (6) animals, the maximum number of dogs being three (3), the maximum number of rabbits being two (2), on any City lot, land parcel, or dwelling unit if in a multiple dwelling unit, with the exception of a litter of pups or kittens, which may be kept for a period of time not to exceed five (5) months from birth. This section does not apply to premises holding a valid kennel license.”

Section 3-52(e) states, “Upon obtaining a permit issued by the Health Department, and subject to the Rules and Regulations for hen keeping, up to six (6) chicken hens may be maintained by the permit holder.”

The proposed ordinance change would clarify that the chickens allowed under the chicken permit in Section 3-52 did not count toward the 6-animal limit per household allowed under Section 3-12.

Assistant City Attorney Darrin Glad told the committee that he had been asked twice over the years for an opinion on whether or not chickens counted toward the overall limit on animals, and his opinion was that they did, but in both instances, he had been told that his legal opinion had not been the understanding of the members of Council who passed the ordinance. This update to the code was a way to clarify that issue.

The Board of Health voted unanimously to approve the recommended ordinance change, but Board Chairperson Cathy Spears indicated she did so with some reluctance because she was concerned that these changes would open up the possibility of someone owning a total of 12 animals (6 chickens and 6 other animals) on a small property within the city. She also commented that Appleton was quite liberal in the limits it placed on animal ownership unlike many other communities that were much more restrictive.

View full meeting details and video here: https://cityofappleton.legistar.com/MeetingDetail.aspx?ID=1224339&GUID=854F5C40-96E3-4007-954F-FB2ED59A5D9F

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