ORD NO 24-2024 CITY OF VAN BUREN,
�ryA NSAS
ORDINANCE NOoX -2024
BE IT ENACTED BY THE CITY COUNCIL, FOR THE CITY OF VAN BUREN,
ARKANSAS,AN ORDINANCE TO BE ENTITLED:
AN ORDINANCE AMENDING THE VAN BUREN MUNICIPAL CODE FOR THE
PURPOSE OF PROHIBITING ROOSTERS WITHIN THE CITY LIMITS
WHEREAS, the City Council of the City of Van Buren finds that it is necessary for the health,
safety and welfare of its citizens to enact standards governing the keeping and
maintaining of animals; and,
WHEREAS, the Planning Commission of the City of Van Buren heard from citizens and staff
concerning roosters being a nuisance; and,
WHEREAS, the Planning Commission of the City of Van Buren reviewed an amendment to the
Van Buren Municipal Code at a public hearing at their meeting on December 3,
2024; and,
WHEREAS, the Planning Commission of the City of Van Buren recommended the proposed
amendment by a majority vote of the entire Planning Commission; and,
WHEREAS, the City Council of the City of Van Buren finds that there is a need to add provisions
to Section 6.08 of the Van Buren Municipal Code to further regulate the keeping of
fowl within the city limits.
NOW,THEREFORE,BE IT ORDAINED AND ENACTED BY THE CITY
COUNCIL OF THE CITY OF VAN BUREN,ARKANSAS THAT:
SECTION 1: Section 6.08.05 Fowl of the Van Buren Municipal Code is hereby amended to
read as follows:
A. It shall be unlawful for any person owning or having control of any chickens,
turkeys, or other fowl to allow the same to run at large within the city.
B. No roosters shall be allowed in the city.
SECTION 2: The various provisions and parts of this Ordinance are hereby declared to be
severable, and, if any section or part of a section, or any provision or part of a
provision herein,is declared to be unconstitutional,inappropriate,or invalid by any
court of competent jurisdiction, such holding shall not invalidate or affect the
remainder of the sections,phrases or provisions.
SECTION 3: All laws, ordinances, resolutions, or parts of same that are inconsistent with the
provisions of this ordinance are hereby repealed to the extent of such inconsistency.
IN WITNESS WHEREOF,the ity of Van$wren, Arkansas, by its City Council, did
pass, approve, and adopt, by a vote of for and-�O against, the foregoing Ordinance at its
meeting held on the 301h day of December 2024.
- -
G�eck Treas P. Hurst, Mayor
ATTESTED: City of Van Buren APPROVED AS TO FORM:
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fJ�C� J d 0"aCoun'*P��c
Shawnna Reynol s aco w
Clerk/Treasurer City Attorney
City of Van Buren, Arkansas
Mum'cipal Complex
1003 Broadway Van Buren, Arkansas 72956
VAN BUREN CITY COUNCIL MEMORANDUM
TO: MAYOR JOE HURST AND CITY COUNCIL
FROM: WALLY BAILEY,PLANNING DIRECTOR
SUBJECT: ROOSTERS PROHIBITED
DATE: DECEMBER 18, 2024
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At the November 5, 2024, Planning Commission meeting,a citizen spoke with concerns
about roosters in the city limits. Code Enforcement has also indicated they routinely
receive complaints from citizens about roosters creating a nuisance.
The Commission asked that we begin a discussion about the subject.
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A public hearing was scheduled and held on December 3, 2024, Planning Commission
meeting.
At the meeting, the Planning Commission reviewed information from other cities.They
voted to recommend an amendment to the Van Buren Municipal Code that would prohibit x
roosters.
I have conducted a survey of some neighboring and regional cities.A copy/excerpt from r,
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those cities' code of ordinances is also enclosed.
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Please let me know if you want to see any additional information to help with our z
discussion. s
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Roosters
Vasa Buren --- No restrictions
Alina — no restrictions
Barling _.
City Board of Directors are scheduled to vote on the subject.
Greenwood _..-
aniMal, livestock or fowl. fro[n becoming a public nUisance. It shall be
unla.w[iil for any owner and/or responsible per;son of an animal, Eowl to
allow such animal, fowl to bark, howl, cry or make other frequent noise to
disturb the peace and quit of any place, family, person or neighborhood,
between the horns of 10:00 p.m. and 6:00 a.m.
Fayetteville-- No roosters
Rogers -- No roosters
I+ort Smith-- No roosters
Springdale—
No fowl permitted in the city limits except on property located. in an
Agricultural (A-1) zone and not allowed in a platted subdivision even if it is
zoned A-1. {2 acre ininhni n
Not allowed to keep or harbor any animal which by loud, frequent or
habitual barking, howling, yelping or other noise disturbs any person or
neighborhood within the corporate limits of the city.
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Ordinance F
AN ACT TO -PROHIBIT THE kUNNINC3 AT LARGE OF CHICKENS WITHIN TI1E
INCORPORATED TOWN OF ALMA.
BE IT ORDAINED AND ENACTED BY THE MAYOR, AND.THE COUNCIL OF
.THE INCORPORATED TOWN OF ALMA,
SECTION 1: It.shall be unlawful for any person, fitin or corporation, to.perinit
or allow the running at lat'ge of any chicken owned or under the care;of any such person,
firm or corporation;within the incorporated Town of Alma.
SECTION 2: Any person, firm or corporation violating Tiny of.'the provisions of
Section I .of this ordinance, shall be deerned guilty.of a misdemeanor, and. upoii
conviction thereof-shall be fined in any swn not to exceed$25.00.
SECTION'3: This ordinance being necessary for the peace, health, and safety of
the inhabitants of the.incorporated Town of Alnia, shall be in full force and effect from
and after May 15, 1927.
PASSED: May 2, 1927
A'>"I'1;ST: N.D. Patton(loot signed}
C, APPROVED:'R.L. Williams(Not signed)
`~ ^~ O^ Fowl
Allowed !
N�� v o
AUowodfow4mhaKincb|dnettc.ks-Aadfmtemuin chickens only.
Nm roosters shall bmallowed.
Ammuinuxmn/ 10 fowl shalt be allowed un lots ufat least 21,70U square feet.
All fowl shall bo kept restrained bVepan which shalt be,|ne fenced rear yen1.
P+nm/xoopnu/utbo kept hnmoon|ia/ycondition.
Pei shalt not be located closer than 25 feet to anadjarent residential Structure.
lho city njey/u/Vho/ restrict o' prohibit the keeping u<fowl if the fowl have created nnu|n000unr
public'health issue.Order of abatement of nuisance/health issue shalt be issued by city-county
official, shall be served oil offending owner,and shall be subject to review by the city administrator
if requested by the owner within three days of service of order of abatement.
Nothing in this section shalt be deemed or construed to prevent the keeping of fowl within school
property for the purpose ofeducation.
Keeping Swine
Nm person shalt collect or keep ahoUor swine within the limits of the city.
Keeping Livestock
The keeping of livestock within the linlits of the city Is permitted where they are maintained on an
enclosed pasture containing one(1)acre for each animal.
Rabbits
It shatt be unlawful to keep more than two rabbits oil any tot less than 21,760 square feet. If two
rabbits are kept, both rabbits shall be sarne sex or at least one of tile iabbits shalt be incapable of
reproduction.
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st►•cets,sidewalks,schools,parks or private property of others, For property owned or controlled by a government
entity, it is presumed that consent is not given unless posted or provided for by the designation of an off leash
fenced park area.Domestic animals which are exempt from this section include law enforcement domestic all imais
in the performance of their duties, trained and certified assistance domestic animals used to assist persons with
physical and/or emotional disabilities, domestic animals involved in organized training or exhibiting including
obedience trials,conformation shows, field trials,hunting trials and herding trials or a domestic animal involved
in any legal hunt in the authorized area and when the owner possesses a valid hunting license.Any person and/or
interest violating this ordinance may be subject to a fine for Public Nuisance pursuant to Section 38 of this
Ordinance.
SECTION 22: Removal ofAnirnal or Livestoelt Feces
The owner of any anima) or livestock shall remove any feces deposited by the animal on any property other than
the owners, including but not limited to public property, streets, sidewalks, schools parks and private property.
The owner of all animal or livestock shall carry adequate waste removal devices or disposal bags while off the
owner's property unless tile: waste removal devices are provided. Ally person and/ or interest violating this
ordinance may be subject to a tine for Public Nuisance pursuant to Section 38 of this Ordinance.
SECTi[ON 23: Aninials/Livestoclt/T'owt Creating a Public Nuisance
An owner shall prevent any animal, livestock or fowl front becoming a public nuisance, as defined in Section 2
of this Ordinance.It is unlawful for any owner and/br responsible person of all animal,fowl to allow such-animal,
fowl to bar](, liowl, cry,or naalte other frequent noise to disturb the pence and quiet of tiny place, family,
person or neighborhood, between the hours of 10:00 p.m. and 6:00 a.m. The Enforcement Agency may
impound any fill ima Ill ivestock/fowl creating a public nuisance. Citations shall be issued to the owners of barking
dogs that receive three(3)or more complaints within ninety(90)days from separate households,and persons not
related,regarding sustained barking in the daytime or occurring during the times of 10:00 p.m.and 6:00 a.nl.Any
person and/or interest violating this ordinance may be subject to a fine for public Nuisance pursuant to Section
38 of this Ordinance.
SECTION 24: Nuisance Feeding Prohibited
Feeding of any feral and/or wild animal,domestic fowl or creature by any means,including hand feeding or setting
out of food left attended or unattended will be declared a public 11 isance. Any person and/or interest violating
this ordinance may be subject to a fine for Public Nuisance pursuant to Section 38 of this Ordinance.
This restriction shall not apply to any Enforcement Agency/Authority its officers and/or representatives, nor to
any enforcing agency, both as defined in this Act, or any person acting upon the authority of such officer or
representative. Such individuals are hereby specifically authorized to engage in the trapping of any feral and/or
wild animal,domestic fowl or creature which may create a nuisance or danger to the public within the city limits
of the City of Greenwood;Arkansas,or any animal,domestic fowl or creature as may be determined by the Mayor
or the City of Greenwood Arkansas government body, who has determined that the destruction/removal of such
animals and/or wildlife is necessary.
SECTION 25: Aninual/rowl righting
It is unlawful for any owner of any companion/domestic animal or fowl fi-om becoming a participant in any
fighting of animals or fowl or maintaining a premise where animals or fowl fight and is prohibited. No person
should attend any activity involving a fight,for the purpose of spoil,wagering or entertainment.The Enforcement
Agency/Authority its officer and/or representative may impound any companion/domestic animal or fowl
suspected of or involved in such activity.Any person and/or interest violating this ordinance may be subject to a
Page 12 of 21
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BACKGROUND
The City of Fayetteville passed the Urban Agriculture Ordinance in March of 2014. This ordinance is an update and replacement of the previous 'An-
imals&Fowl" ordinance and includes provisions for the keeping of fowl, bees, and goats, and allows for limited sales of home produced products in
residential areas. Under this ordinance, fowl, bees and goats may be kept on lots that meet the requirements in the chart below.
WHAT IS ALLOWED?
Animal type T I where animals may Structure location& Space requrie-
( ze animals allowed (Property use/zoning Miscellaneous
restri�.. ,,s be kept setbacks meets
allowed on any lot; For ices tarter si
Fens&ducks nniy ngle Family In side or rear yard. 3'coop space per Must be wing clipped or a breed
Fowl than 5000 sf,1 per 1250 sq ft of lot Residential use/ In side or rear yard. 25'from neighboring animal&outside that cannot fly. No outside
no rods cr:
area up to a max of 20 fowl. Educational use residence access slaughtering.
Female dwarf or A minimum of 2 goats are allowed on single Family In side or rear Shall have RFID microchips&be
pygmy goats(85 a Eot of 10,000 sq ft&large Los g y I yard. 200 sf of secure
Gees I Residential use/ In side or rear yard. 50'from neighboring fenced yard per registered with the Fayetteville
I &22.5"tall 15,000 sf&larger are allowed up to I Animal Services Program. No
maxj a maximum of goats. Ed
I ucational use 1 residence. animal onsite slaughter permitted.
12 hives allowed on any lot. For lots
i I in side or rear yard. Bees must be registered through
Be=s No Africanized larger than 5000 so ft,1 additional Single Family 20'from property line if the Arkansas State Plant Board&
Bees hive is permitted for each 2500 sq e or rear yard.
ft Residential use/ In side _
fenced. 100'from property follow all AR.apiary laws. Access
I i of lot area up to a maximum of 4 Educational use
line if not fenced. to water must be provided.
hives.
S 41ES OF HO l}0 PRODUCED AGRICULTI U,RA.i_ PRODUCTS
Home Produce ce Stand (included under garage sales): No permit required. Home produced agricultural products can be sold 4 times per year,with
sales nc" .o exceed 3 consecutive days in duration.
I 3csme Occupation Permit: Planning Commission approval required. Home produced agricultural products can be sold in all residential zoning
districts. Restrictions include hours, operation size and no employees other than occupants permitted.
Limited Business Permit: Planning Commission approval required. Home produced agricultural products can be sold in all residential zoning
districts except: R-A, RSF.5, RSF 1, RSF 2. This permit orers fewer restrictions than a Home Occupation. '+
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QUESTIONS & RESOURCES
Fayetteville City Planning L79-5r 5-8257 For questions about what is allowed within the Urban Ag ordinance i
Fayetteville Animal Services 479-444-3456 For questions about animal welfare, loose animals, and RFID tags
nrkansas State Plan:Board 501-225-1595 For information on registering your bee hive
Northwest Arkansas Bee Keepers "SsoCia-don http e� / =cr bee keeping resources
•tlwww nn�a�,. �ceepers_ccm
Sec.6-230. ,. Running at large.
(a) It shall be unlawful for any person to permit or allow any clornesticated fowl to run at large within
the corporate limits of the city. It shall be lawful to keep poultry flocks of any size in A-1 zones of
the city, so long as they are confined.
(b) It shall be lawful for any person to keep, permit, or allow any fowl within the corporate limits of
the city in all zones other than A-1, under the following terms and conditions:
(1) No more than four hens shall be allowed for each single-family dwelling. No birds shall be
allowed in multifamily complexes, including duplexes.
(2) No roosters shall be allowed.
(3) There shall be no outside slaughtering of birds.
(4) All fowl must be kept at all times in a secure enclosure. Secure enclosure shall include a self-
contained coop and/or within a fenced in yard.A fenced In yard shall only suffice as an
enclosure, if said fence is constructed from a solid non permeable material built with either
solid wood, metal, or plastic components.
(5) Coops must be situated at least 25 feet from the nearest neighbor's residence.
(6) Enclosures must be kept in a neat and sanitary condition at all times, and must be cleaned on
a regular basis so as to prevent offensive odors.
(7) Persons wishing to keep fowl within the city must obtain a permit from Rogers Animal
Services. An inspection will be scheduled by Rogers Animal Services and if approved, the
permit holder must pay an annual fee as currently established and found in appendix B to
this Code.
(c) Subsection(b)of this section is not intended to apply to the ducks and geese in Lake Atalanta
Park, nor to indoor birds kept as pets,such as, but not limited to, parrots or parakeets, nor to the
lawful transportation of fowl through the corporate limits of the city. Neither shall it apply to
poultry kept in areas of the city which are zoned A-1.
(d) Fowl currently existing in the city shall not be "grandfathered" or permitted to remain after the
effective date of the ordinance from which this article is derived.
(Ord. No. 13-67, § 1(Att.), 8-13-2013; Ord. No. 15-137, § 1(Exh.A), 10-13-2015)
State Law reference— Domestic fowl running at large,A.C.A. § 5-62-122.
float this section shell not be enforced for a period of 1�. months following its original adoption and.
publication so that those affectecl rimy have notice and arrnple time in which to comply.
F. That when new territory is brought into this zone by the planning comi-nission the same *17
month non-enforcernent period shall apply from date of the zoning order of the planning
commission.
G. The existence of a health hazard as defined by the city-county health department shall be
cause for immediate abaterent of the existing conditions.
?l 701-3 Small clnn7esYicaninrals.Small domestic anir7rals, incauding household pets (nal including loot
bellied pigs; please see other regulations for chickens and rabbits), may be kept according to t hr,
following conditions:
A. No other ordinance of the city prohihits such use.
B. The nr.rmber of such animals is confined to reasonable size so as to be compatible with
conditions of the zone in which they are kept. The intent of this section is to recognize that a
nuisance may be caused in a more densely occupied area by the keeping of a number of small
animals but that the same condition may not cause nuisance to adjacent property owners in a
less densely occupied area.
C. No prevailing noises or odors which would constitute a nuisance at common law shall be
allowed.
D. The existence of a health hazard as defined by the city-county health department shall be
cause for immediate abatement of the existing conditions. See also chapter 4, Animals.
C. No keeping or raising of small domestic animals for commercial purposes shall be allowed in
residential zones.
F. For swine, including pot-bellied pigs, see section 4-5.
27-701-4 Fowl.
A. This section shall not supersede or invalidate any sections of the Fort Smith Municipal Code.
Section 4.4 shall take precedence over any conflicting provisions of this section.
B. It shall be lawful to keep fowl within the corporate limits of the city under the following
conditions:
1. Allowed fowl shall include ducks and/or female chickens only. No roosters shall be
allowed. All fowl shall be a breed that cannot fly or must be wing-clipped to prevent flight.
2. The principal use of the property shall be educational or residential.
3. A maximum of 20 fowl shall be allowed on lots of at least 21,780 square feet. The
maintaining of more than 20 fowl on a lot in excess of five acres shall require conditional
use approval; provided, however, owners of five or more acres who currently maintain 21
ro