(a) 2 AN ORDINANCE RELATING TO THE KEEPING OF CHICKENS

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(A) A maximum of-three five hens per residence, community garden. or lot is
allowed;
(B) Roosters are prohibited;
(C) Except when under the personal control of the licensee, chickens shall be
confined at all times within a chicken facility;
(D) No chicken facility or any structure that houses chickens, either temporarily
or permanently, shall be located within twenty feet of any adjacent residence, or
ten-within three feet of the licensee's residence or any other building on a lot;
(E) A chicken facility shall be located in the rear yard of the lieeasee's any
residence or lot, and shall comply with the setback requirements of the zone in
which it is located;
(F) A chicken facility, and the premises where the chicken facility is located,
shall be maintained in a condition such that the facility or chickens do not produce
noise or odor that creates a nuisance for adjoining property.,-: and
(G) A ehiekea fueility coop shall not exceed one hundred and twenty square feet.
(2) Application. An application for a license to keep chickens shall include the
following:
(A) The name and mailing address of the person to whom the license will be
issued;
(B) The address where the chickens will be kept, if different from the mailing
address;
(C) A certification by an approved inspector that the chicken facility meets the
standards in this section; and
(D) Payment of the application fee.
(3) Issuance. The application shall be reviewed by the City to determine if there is
any reason why the license should not be issued. If no reason is identified, the
applicant shall be notified that the application has been approved and the license
issued. If a reason is identified why the license should not be issued, the application
shall be denied, and the applicant shall be provided written notice setting forth the
reasons for the denial.
ORDINANCE- Page 2 COUNCIL OF THE CITY OF SALEM, OREGON

1 Enforcement.
2 (1) Cease and Desist Orders. When a licensee has violated or continues to violate
3 the terms and conditions of a license to keep chickens issued pursuant to this section,
4 or any other provision of this section, the Director may issue an order that the licensee
5 cease and desist all such violations and command the licensee to immediately comply
6 with all requirements of the license or this section, and take such appropriate remedial
7 or preventive action as may be needed to properly address the violation.
8 (2) Suspension or Revocation of License Permit.
9 (A) The Director may suspend or revoke a license if:
10 (i) The license peffllit was issued in error;
11 (ii) Inaccurate, misleading, or incomplete information was used to obtain, or
12 is provided to the City in connection with, the license; or
13 (iii) The applicant is not complying with the terms of the license, or is
14 violating the provisions of this sectiont,
15 (B) The Director shall issue a written notice to the licensee specifying the reason
16 for the suspension or revocation and provide a time certain, not to ex:ceed ten
17 days, within which the licensee shall correct the reason for the suspension or
18 revocation. If the licensee corrects the deficiency within such ten day period, the
19 license shall be reinstated.
20 (3) Civil Penalty. Any licensee who fails to comply with the terms and conditions
21 of a license issued pursuant to this section, or any other provision of this section, any
22 licensee who fails to comply with a cease and desist order issued pursuant to this
23 subsection, or any person who keeps chickens without first obtaining the license
24 required by this section, shall be subject to a civil penalty, not to ex:ceed $2,000 per
25 violation. Each day that a violation continues shall constitute a separate violation.
26 (4) Civil Penalties Against Agents. Any person who acts as the agent of, or
27 otherwise assists, a person who engages in an activity which would be subject to a
28 civil penalty, shall likewise be subject to a civil penalty.
29 (5) Reconsideration. Any person aggrieved by any decision, action, or
30 determination, including cease and desist orders, made by the Director, may seek
ORDINANCE- Page 4 COUNCIL OF THE CITY OF SALEM, OREGON

1 reconsideration by filing a request for reconsideration with the Director within ten
2 days after notice of such decision, action, or determination has been provided to the
3 person. The notice shall set forth in detail the facts supporting the request for
4 reconsideration. The Director's decision, action, or determination shall remain in
5 effect during such period of reconsideration.
6 (6) Appeal. Any person aggrieved by an action of the Director issuing a cease and
7 desist order, revoking or suspending a license, or who is subject to a civil penalty may
8 appeal such action by filing a notice of intent to appeal with the City Recorder within
9 fifteen business days after notice of the Director's final decision after reconsideration
10 is deemed to have been received by the applicant under SRC 20J.ll0. The notice of
11 appeal shall satisfY the requirements of SRC 20J.ll 0, and the appeal shall proceed as
12 a contested case under the procedures established in SRC 20J.240-20J.430.
13 Notwithstanding SRC 20J.270, the Director's decision, action, or determination shall
14 remain in effect during such period of the appeal.
15 (7) Injunctive Relief. The City may seek injunctive relief against any person who
16 has willfully failed to comply with the terms and conditions of a license issued
17 pursuant to this section, or willfully violated any other provision of this section, such
18 relief to be in effect for a period not to exceed ten years.
19 (8) Remedies Not Exclusive. The remedies provided by this subsection are
20 cumulative and not mutually exclusive and are in addition to any other rights,
21 remedies, and penalties available to the City under any other provision of law.
22 (e) Any chickens that are not kept as provided in subsection (c) of this section or in
23 compliance with the terms and conditions of a license issued pursuant to this section shall
24 be deemed a public nuisance under SRC 50.800, and the owner or custodian shall be
25 given thirty days to rectifY the conditions creating the public nuisance. If the owner or
26 custodian has not rectified the conditions within thirty days of the date the notice is
27 provided, the City may abate the nuisance, as provided in SRC 50.800-50.880.
28 (f) Violation.
29 (1) It shall be unlawful to keep chickens in the city, except as authorized by
30 subsection (b) of this section. A violation of this paragraph is a-an eivil vielatien
ORDINANCE- Page 5 COUNCIL OF THE CITY OF SALEM, OREGON

garden properties. Each of these issues, except for the cost of the license which is not
part of the ordinance itself, is reflected in Ordinance Bill No. 8-12.
FACTS AND FINDINGS
1. The current licensing fee for a chicken facility is $35.00 per year. Making payment
through the Permit Application Center generates an Automation Surcharge of $2.50
and a Processing Fee of $12.50. The total of these fees is $50.00. This amount is
not set by ordinance but rather in the fee resolution for the Neighborhood
Enhancement Division (NED).
The FY 2012/13 NED fee resolution will likely come before City Council in May of
this year. Fees have been previously set to offset the cost of administration and
enforcement of the ordinance. Lowering fees will require a reduction in service, or
supplementing this program with General Fund monies.
2. The current ordinance calls for a ten foot setback from the licensee's dwelling. The
Council motion calls for elimination of this rule. The Oregon Building Code calls for
a minimum three foot setback for any accessory structure, therefore, staff
recommends this distance be lowered no further than a three foot setback.
In addition to items raised in the Council motion, staff has recognized a problem in
the violation section of the current ordinance. SRC 50.710(f)(1) calls for a "civil
violation." This term is not defined in the SRC. Civil Penalties are already authorized
by SRC 50.710(d)(3), but are ineffective against renters, as unpaid civil penalties
become liens on the real property. Infractions are allowed in SRC 50.710(f)(2) and
are more effective against renters of property as any fine imposed would follow the
person. Hanging SRC 50.71 O(f)(1) to allow for infraction citations would be a more
effective deterrent for renters who may possess chickens without a license. This
change has also been included in the ordinance.
Attachment: A. Informational Report dated August 22, 2011
g:\cd\planning\council reports & misc\2012\chicken ordinance.revisions.2012.staff report_1.doc
s ervices Administrator
Amendments to Salem Revised Code 50.710 Page 2 February 27. 2012

4. The ten code violators were given a choice of removing their chickens from their
property or obtaining a chicken coop license. Of these cases, seven went on to
obtain their license and lawfully keep their chickens, and the other three removed
their chickens from City limits.
5. Only one citation has been issued for chickens this year. It was issued to a chicken
coop license holder who has repeatedly failed to keep their chickens in the manner
specified by code, i.e., the chickens were allowed to roam freely.
6. The total estimated costs for the City of Salem to perform inspections and process
current chicken coop licenses are approximately $2,812.50. The annual application
fee for a Chicken Coop license is $35.00, with additional charges of $12.50 for
processing and $2.50 for automation. The current year to date income from the
program is $2,500.00, leaving an estimated year to date deficit of $312.50.
7. Estimated costs to investigate and resolve the ten code violation cases for illegal·
chicken keeping exceed $1 ,500. The citation will generate additional expense, and
possibly some additional income, as the current cases are resolved in the Municipal
Court.
G:IGD\PLANNING\COUNCIL Reports & Misc\2011\Ghicken Coop Licensing Update(R) 8.22.11.doc
Chicken Coop Licensing Update Page2 August 22, 2011