Town of Argos Approves Chicken Ordinance

During the first October meeting of the Argos Town Council, the council approved an ordinance amending Section 90 of the town’s Municipal Code.

Prior to that meeting, the Municipal Code allowed individuals with a minimum of five contiguous acres of land in the town that is enclosed by a fence to harbor chickens within the town.

The ordinance repealed Argos Town Code Section 90.027 (A)(1)(e) and replaced it with the following: “(e) Geese, turkeys, ducks or other fowl, not to include chickens, and also except racing or homing pigeons.”

The ordinance also created Section 90.032 labeled Chickens. This section now allows chickens to be kept in the Town of Argos. Those that wish to have chickens must abide by the following requirements:

– A chicken is a Gallus gallus domesticus, a domestic bird typically kept on a farm. This definition does not include other fowl, such as, but not limited to, peacocks, turkeys, or waterfowl.

– No roosters shall be kept under the provisions of Section 90.032.

– There should be no more than six chickens on any parcel of land less than five acres in size, nor more than six chickens on multiple parcels of land, less than five acres in size, if owned by the same individual or entity. Chickens are not permitted on any rental property whatsoever.

– Chickens must be kept completely and securely enclosed and under the control of the owner and on the owner’s property at all times and be restrained at all times from leaving the property of the owner.

– The section also defines a chicken coop as “an enclosed, raised structure for harboring chickens and provides shelter from the elements.” Chicken coops shall be provided per the section. Chicken coops must provide adequate sun, shade, and ventilation and must be impermeable to rodents, wild birds, and predators, including cats and dogs. Chicken coops must provide at least 10 square feet of space per chicken kept inside. No chicken coop shall exceed 75 total square feet from all property lines. Chicken coops located on corner lots shall be situated as near as possible to the middle of the lot. Coops shall be maintained in a sanitary condition and in compliance with all applicable health regulations of the State of Indiana, Marshall County, and the Town of Argos. All chicken waste including manure, bedding, eggshells, etc shall be cleaned and removed on a routine basis and further shall not be disposed of in Town trash containers.

– Chickens shall be provided with access to feed and clean water at all times.

– All feed for chickens shall be stored in containers so as to protect against intrusion by rodents and vermin.

– Chickens and chicken coops shall be confined to the rear yard of the property.

– Chickens shall be for non-commercial, personal use only. Chickens may not be slaughtered on the property.

– Owners of chickens within the town shall cause the chickens to be registered in accordance with Section 90.045, known as Pet Registration, as well as Sections 90.051 through and including 90.055 of the Municipal Code.

Any violations of the section shall be subject to applicable penalties set in Section 90.999, in addition to the Enforcement/Impoundment Procedures set in Sections 90.065 through and including 90.068 of the Municipal Code.

Section 3 of the ordinance amends Town Code Section 90.052 (A) adding “Each Chicken $10” under the Pet Registration heading.

Section 4 of the ordinance creates Town Code Section 90.999 (E). That adds the following: “(E) Any person violating any of the provisions of Section 90.32 shall be fined not more than $100 for the first offense and not more than $200 for each subsequent offense; and a separate offense shall be deemed committed on each day during or on which a violation occurs or continues.”

The council approved the ordinance unanimously on all three readings.

For more information regarding the Municipal Code, visit: codelibrary.amlegal.com/codes/argos/latest/overview