Moline City Council prepares for meeting, ordinance discussion

By Rock Island Today Reports

Jul 12, 2016

The Moline City Council plans to meet at 6:30 p.m. today, July 12.

The City Council is Moline’s legislative body and is comprised of the mayor, one member from each of the seven wards within the city, and one who represents the city at-large. Council members meet as the Committee of the Whole at 6:30 p.m. on select Tuesdays each month.

Here is the meeting agenda as provided by the Moline City Council:

MOLINE CITY COUNCIL AGENDA

Tuesday, July 12, 2016

6:30 p.m.

(Immediately following the Committee-of-the-Whole meeting)

City Hall

Council Chambers – 2nd Floor

619 16th St.

Moline, IL

Call to Order

Pledge of Allegiance

Invocation – Alderman Waldron

Roll Call

Consent Agenda

All items under the consent agenda will be enacted by one motion. There will be no separate discussions of these items unless a Council Member so requests, in which case, the item will be moved from the Consent Agenda and considered as the first item after the Omnibus Vote.

Approval of Minutes & Appointments Made

Committee of the Whole and Council meeting minutes of June 21, 2016 and appointments made during Committee of the Whole on July 12, 2016.

Second Reading Ordinances

1. Council Bill/Special Ordinance 4037-2016

A Special Ordinance authorizing the Mayor and City Clerk to execute an agreement for professional services between the City of Moline and Thomas A. Skorepa to extend his services as the City’s Zoning Hearing Officer for a three-year period commencing July 24, 2016.

Explanation: The City entered into an agreement for professional services in 2006 with attorney Thomas A.

Skorepa to serve as the City’s Zoning Hearing Officer and preside over zoning hearings and proceedings. The agreement has twice been extended and is due to expire July 23, 2016. The City and Skorepa wish to extend the agreement for an additional three-year period, commencing July 24, 2016, under the same terms and conditions of the current agreement. Additional documentation attached.

Fiscal Impact: N/A

Public Notice/Recording: N/A

Resolutions

2. Council Bill/Resolution 1092-2016

A Resolution authorizing the Mayor and City Clerk to execute a Contract with SAK Construction, LLC for Project #1250, 2016 Sanitary Sewer Lining, in the amount of $83,949.00.

Explanation: Bids were opened and publicly read on June 14, 2016, for Project #1250 with the following results:

$89,180.70 Visu-Sewer of Illinois, LLC

$91,304.00 Hoerr Construction Inc.

$153,588.00 Insituform Technologies USA, LLC

SAK Construction, LLC submitted the lowest responsible and responsive bid. Additional documentation attached.

Fiscal Impact: Funds are budgeted and available as follows:

ACCOUNT BUDGETED AS-BID

Utility Tax Water

WPC $100,000.00 $83,949.00 320-1840-433.08-30

Storm $100,000.00 $83,949.00

3. Council Bill/Resolution 1093-2016

A Resolution authorizing the Mayor and City Clerk to accept a Permanent Utility and Drainage Easement for Project #1214, 2015 Utility Relocations along John Deere Road, on Tax Parcel No. 07 7762-1 from JASPALS Illinois Seven, LLC.

Explanation: City of Moline Project #1214, 2015 Utility Relocations along John Deere Road, eliminates City of Moline water and sanitary sewer main conflicts from the Illinois Department of Transportation’s John DeereRoad widening project. A permanent utility and drainage easement is necessary to allow access to Parcel No. 07-7762-1 for the installation and future maintenance of the relocated utilities. Additional documentation attached

Fiscal Impact: Rock Island County Recording Costs

Public Notice/Recording: Engineering Department will record Omnibus Vote

Non Consent Agenda

First Reading Ordinances

4. Council Bill/General Ordinance 3021-2016 An Ordinance amending Chapter 7, “ANIMALS AND FOWL,” of the Moline Code of Ordinances, Sec. 7-1101, “DEFINITIONS,” by enacting new subsections (5), (6), (7), (24), (31) and (36) and consecutively renumbering the remaining subsections of Sec. 7-1101; Sec. 7-1104, “LIVESTOCK AND DOMESTIC FOWL PROHIBITED IN CITY; RUNNING AT LARGE; NUISANCE,” by repealing said section in its entirety and enacting in lieu thereof one new Sec. 7-1104 dealing with the same subject matter; enacting one new Sec. 7-1104A entitled “URBAN HENS;” and Sec. 7-1116, “ANIMAL CAGES, RUNS, PENS,

ETC.,” by repealing subsection (b)(4) in its entirety and enacting in lieu thereof one new subsection (b)(4).

Explanation: The Code of Ordinances currently prohibits the keeping of domestic fowl, including chickens, within the City. Per resident request and City Council directive, City staff has reviewed the possibility of amending the Code to allow residents to keep chickens on residential properties within the City so they may be used as a sustainable living option for fresh, home-raised eggs. This ordinance would amend Chapter 7 of the Code to allow the keeping of up to six hens on a property containing a one-family detached dwelling (single family residence) that meets the proper zoning requirements set forth in the ordinance. An urban hen license issued by the City will be required before any individual may keep hens within the City, and the annual license fee will be $25.00. The license will allow the keeping of hens (female chickens) only; the keeping of roosters will not be permitted. The hens must at all times be kept in a chicken enclosure or chicken pen or fenced area located a minimum of five feet from property lines and a minimum of 25’ from any adjacent residential dwelling, church, school or place of business. The chicken enclosure and chicken pen must be located on the rear or backyard of the property, or, if the rear or backyard does not meet these setback requirements, the enclosure and pen may be located in a side yard that meets the setback requirements. This ordinance will also amend the Chapter 7 Code provision pertaining to the sale of fowl by licensed businesses.

Fiscal Impact: Annual license fees

Public Notice/Recording: Pamphlet publication

Public Comment

Members of the Public are permitted to speak after coming to the podium and stating their name.

Executive Session (if necessary)

Council Bill/Special Ordinance No. 4037-2016

Sponsor:

A SPECIAL ORDINANCE

AUTHORIZING the Mayor and City Clerk to execute an agreement for professional services between the City of Moline and Thomas A. Skorepa to extend his services as the City’s Zoning Hearing Officer for a three-year period commencing July 24, 2016.

____________________

WHEREAS, in 2006, the City of Moline created the position of Zoning Hearing Officer, pursuant to Chapter 35, Zoning and Land Development, of the Moline Code of Ordinances, Section 35-1302, and entered into an agreement for professional services with Thomas A. Skorepa (“Skorepa”) to serve as the Zoning Hearing Officer; and

WHEREAS, Skorepa has served as the Zoning Hearing Officer since 2006 under the original agreement and its subsequent 2010 and 2013 extensions; and

WHEREAS, the current agreement is due to expire July 23, 2016, and the City and Skorepa wish to extend the agreement for another three-year period, commencing July 24, 2016, under the same terms and conditions of the current agreement.

NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF

MOLINE, ILLINOIS, as follows:

Section 1 – That the Mayor and City Clerk are hereby authorized to execute an agreement for professional services between the City of Moline and Thomas A. Skorepa to extend his services as the City’s Zoning Hearing Officer for a three-year period commencing July 24, 2016; provided, however, that said agreement is in substantially similar form and content to that attached hereto and incorporated herein by this reference thereto as Exhibit A and has been approved as to form by the City Attorney.

Section 2 – That this ordinance shall not constitute a repeal of any ordinance with which it may conflict, but shall be considered a temporary variance from said conflicting ordinance.

Section 3 – That this ordinance shall be in full force and effect from and after passage, approval and, if required by law, publication in the manner provided for by law.

CITY OF MOLINE, ILLINOIS

Mayor

June 21, 2016

Passed: June 21, 2016 Date

Approved: July 12, 2016

Attest:

City Clerk

Approved as to Form:

City Attorney

Council Bill/Special Ordinance No. 4037-2016

Sponsor:

A SPECIAL ORDINANCE

____________________

WHEREAS, Skorepa has served as the Zoning Hearing Officer since 2006 under the original agreement and its subsequent 2010 and 2013 extensions; and

NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF

MOLINE, ILLINOIS, as follows:

Section 2 – That this ordinance shall not constitute a repeal of any ordinance with which it may conflict, but shall be considered a temporary variance from said conflicting ordinance.

Section 3 – That this ordinance shall be in full force and effect from and after passage, approval and, if required by law, publication in the manner provided for by law.

CITY OF MOLINE, ILLINOIS

Mayor

June 21, 2016

Passed: June 21, 2016 Date

Approved: July 12, 2016

Attest:

City Clerk

Approved as to Form:

City Attorney

Council Bill/Resolution No. 1093-2016

Sponsor:

A RESOLUTION

AUTHORIZING the Mayor and City Clerk to accept a Permanent Utility and Drainage Easement for Project #1214, 2015 Utility Relocations along John Deere Road, on Parcel 07 7762-1 from JASPALS Illinois Seven, LLC.

_________________

WHEREAS, a Permanent Utility and Drainage Easement for Project #1214, 2015 Utility Relocations along John Deere Road, is necessary to allow work to take place on privately-owned property and to allow the City of Moline to maintain these improvements in the future; and

WHEREAS, staff recommends acceptance of said easement.

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MOLINE, ILLINOIS, as follows:

That the Mayor and City Clerk are hereby authorized to accept a Permanent Utility and Drainage Easement for Project #1214, 2015 Utility Relocations along John Deere Road, on Parcel 07 7762-1 from JASPALS Illinois Seven, LLC; provided, however, that said easement is in substantially similar form and content to that attached hereto and incorporated herein by this reference thereto as Exhibit A and has been approved as to form by the City Attorney.

CITY OF MOLINE, ILLINOIS

Mayor

July 12, 2016

Date

Passed: July 12, 2016

Approved: July 19, 2016

Attest:

City Clerk

Approved as to Form:

City Attorney

Council Bill/General Ordinance No. 3021-2016

Sponsor:

AN ORDINANCE AMENDING Chapter 7, “ANIMALS AND FOWL,” of the Moline Code of Ordinances, Sec. 7-1101, “DEFINITIONS,” by enacting new subsections (5), (6), (7), (24), (31) and (36) and consecutively renumbering the remaining subsections of Sec. 7-1101; Sec. 7-1104, “LIVESTOCK AND

DOMESTIC FOWL PROHIBITED IN CITY; RUNNING AT LARGE; NUISANCE,” by repealing said section in its entirety and enacting in lieu thereof one new Sec. 7-1104 dealing with the same subject matter; enacting one new Sec. 7-1104A entitled “URBAN HENS;” and Sec. 7-1116, “ANIMAL CAGES, RUNS, PENS, ETC.,” by repealing subsection(b)(4) in its entirety and enacting in lieu thereof one new subsection (b)(4).

______________________

WHEREAS, the Moline Code of Ordinances currently prohibits the keeping ofdomestic fowl, including chickens, within the City; and

WHEREAS, per resident request and City Council directive, City staff has reviewed the possibility of amending the Code to allow residents to keep chickens on residential properties within the City so they may be used as a sustainable living option for fresh, home-raised eggs; and

WHEREAS, this ordinance will amend Chapter 7 of the Code, “ANIMALS AND FOWL,” to allow the keeping of up to six hens on a property containing a one-family detached dwelling (single family residence) that meets the proper zoning requirements set forth herein; and

WHEREAS, an urban hen license issued by the City will be required before any individual may keep hens within the City and the annual license fee will be $25.00; and

WHEREAS, the license will allow the keeping of hens only; the keeping of roosters will not be permitted; and

WHEREAS, the hens must at all times be kept in a chicken enclosure or chicken pen or fenced area located a minimum of five feet from property lines and a minimum of 25’ from any adjacent residential dwelling, church, school or place of business; the chicken enclosure and chicken pen must be located on the rear or backyard of the property, or, if the rear or backyard does not meet these setback requirements, the enclosure and pen may be located in a side yard that meets the setback requirements; and

WHEREAS, this ordinance will also amend the Chapter 7 Code provision pertaining to the sale of fowl by licensed businesses. Council Bill/General Ordinance No. 3021-2016

NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MOLINE, ILLINOIS, as follows:

Section 1 – That Chapter 7, “ANIMALS AND FOWL,” of the Moline Code of Ordinances, Sec. 7-1101, “DEFINITIONS,” is hereby amended by enacting new subsections (5), (6), (7), (24), (31) and (36), and consecutively renumbering the remaining subsections of Sec. 7-1101 dealing with the same subject matter, which shall read as follows:

“SEC. 7-1101. DEFINITIONS.

As used in this chapter, the following terms shall have, unless the context indicates otherwise, the meaning ascribed to them:

* * * * * *

(5) Chicken shall mean a female member (hen) of the subspecies Gallus Gallus Domesticas, a domesticated fowl.

(6) Chicken enclosure shall mean a structure for housing and sheltering of hens. A chicken enclosure shall mean and include any chicken coop, henhouse, chicken tractor or poultry shed that is constructed and maintained pursuant to the provisions of 7-1104A(d) below.

(7) Chicken pen shall mean a wire-enclosed area that is attached to a chicken enclosure for the purpose of allowing hens to leave the chicken enclosure and walk or run about while remaining confined in an enclosed, predator-safe environment.

* * * * * *

(24) Hen shall mean a female member of the subspecies Gallus Gallus Domesticas, a domesticated fowl.

* * * * * *

(31) One-family detached dwelling shall mean a property or a zoned lot that has a one-family detached dwelling (single family residence) located on that property or zoned lot. See Section 7- 1104A(c) below.

* * * * * *

(36) Urban hen shall mean a hen kept on the premises of a property pursuant to a license issued by the City under this chapter.”

* * * * * *

Section 2 – That Chapter 7, “ANIMALS AND FOWL,” of the Moline Code of Ordinances, Sec. 7-1104, “LIVESTOCK AND DOMESTIC FOWL PROHIBITED IN CITY; RUNNING AT LARGE; NUISANCE,” is hereby amended by repealing said section in its entirety and enacting in lieu thereof one new Sec. 7-1104 dealing with the same subject matter, which shall read as follows:

Council Bill/General Ordinance No. 3021-2016

“SEC. 7-1104. LIVESTOCK AND DOMESTIC FOWL PROHIBITED IN CITY; RUNNING AT LARGE; NUISANCE

(a) No person shall keep any cattle, sheep, goats, horses, mules, swine, other beasts of burden related to the foregoing, or domestic fowl of the species of geese, ducks, turkeys, guinea hens or others, at any place or upon any premises in the City, excepting that:

(1) horses shall be permitted to be kept upon premises for which a special use has been granted by the City Council to permit a riding stable provided any and all conditions of such special use are fully complied with at all times; and

(2) hens shall be permitted upon premises for which a license has been issued by the City pursuant to the provisions of Sec. 7-1104A below.

No person shall permit any of the above enumerated animals to run at large in the City. Any animals found within the City in violation of this section may be subject to impound by the department and disposal as provided in Article III of this chapter.

(b) In addition to any and all other legal or equitable remedies, the animals and fowl prohibited from being kept in the City or running at large in the City by subsection (a) are hereby declared to be nuisances and may be abated pursuant to the provisions of Chapter 21 of the City Code and amendments thereto.

(c) The provisions of this section shall not apply to the business premises of any duly licensed animal control facility, animal shelter or licensed veterinarian.

(d) The provisions of this section shall not apply to the premises of any duly-licensed business engaged in the sale of fowl as long as the following conditions are met:

(1) Such fowl is not kept on the sales floor or retail area of the premises;

(2) The purchaser of such fowl, excluding hens, must sign a form verifying that he does not reside within the city limits of the City of Moline and that he will keep the fowl outside the City’s limits and use the fowl for agricultural purposes only.

(Ord. No. 2003-05-06; new Sec. 7-1104 (d) enacted; 05/20/03)”

Section 3 – That Chapter 7, “ANIMALS AND FOWL,” of the Moline Code of Ordinances, is hereby amended by enacting one new Sec. 7-1104A entitled “URBAN HENS,” which shall read as follows: “SEC. 7-1104A. URBAN HENS.

(a) License required.

(1) No person shall own, raise, harbor or keep any hens within the City without having first obtained a valid urban hen license from the City’s accounts and finance officer or his designee pursuant to the provisions of this section. The license shall be subject to the terms and conditions of this section and any additional conditions deemed necessary by the City Council to protect the public health, safety and welfare.

(2) License Application. Any person desiring to own, raise, harbor or keep hens within the City shall submit a written license application on a form provided by the City’s accounts and finance officer or his designee. Such application shall include the applicant’s name, address, telephone number and email address (if applicable), the number of hens to be kept on the premises address, and the Council Bill/General Ordinance No. 3021-2016 applicant’s signature certifying the validity of the information provided therein and agreement to keep the hens in compliance with the provisions of this section and all related City ordinances.

(3) Licensing Requirements. The requirements for issuance of a license include the following.

a. Fee: the fee to obtain a license is twenty-five dollars ($25.00). The license shall expire July 31 of each year and shall be renewed before August 1 of each year.

b. Any and all judgments in the City’s favor and against the property owner of the premises have been paid in full, and in the event the applicant is a tenant or leaseholder of the premises, any and all judgments in the City’s favor and against said applicant have been paid in full.

c. The premises to be licensed shall be zoned as and contain only a one-family detached dwelling, occupied and used as such by the licensee.

d. The applicant has successfully completed an approved class in raising hens in an urban setting. The accounts and finance officer or his designee shall maintain a current list of such approved classes.

If the accounts and finance officer or his designee finds that all licensing requirements have been met, the officer shall issue the license to the applicant.

(4) Licensing Regulations. The following licensing regulations shall be additional requirements of the licensee.

a. Renewal. The annual renewal fee for a license is twenty-five dollars ($25.00). If the license is not renewed before August 1 of the expiration year, the owner or occupant of the premises for which the license was issued shall remove the hens from the City within thirty (30) days of the license expiration.

b. Non-commercial use only. Issuance of a license shall not allow the licensee to engage in hen breeding, egg production, fertilizer production, sales, display, or other related activity for commercial purposes.

c. Non-transferable. No license issued pursuant to this section shall be transferable from one person to another or from one premises to another.

d. The licensee shall keep the license on the licensed premises and provide proof of same upon request by any officer of the City.

(5) Denial, suspension, revocation, non-renewal. The accounts and finance officer or his designee may deny, suspend, revoke or decline to renew any issued license for any of the following reasons.

a. False statements on any application or in response to requests for information by the City.

b. Failure to pay any application, penalty, re-inspection or renewal fee required by this section.

c. Failure to comply with any notice of violation issued by the City pursuant to this section within the time specified therein.

d. Failure to comply with any provisions of this section.

Council Bill/General Ordinance No. 3021-2016

Notice of denial, suspension, revocation or non-renewal of a license shall be in writing, be delivered by certified mail, return receipt requested, or by personal service on the license holder or other resident at the address provided on the application, and state the reason or reasons for said action.

(6) Effect of denial or revocation.

a. If a license is either denied or revoked, the applicant may not re-apply for a new license for a period of one (1) year from the date of the denial or revocation.

b. If the license is revoked, the owner or occupant of the premises for which the license was issued shall remove the hens from the City within thirty (30) days of the license revocation.

(7) Appeals. The license shall stand denied or revoked unless within five (5) working days after denial or receipt of the notice of revocation from the accounts and finance officer or his designee, the license applicant or holder files a written request for a public hearing on the accounts and finance officer’s or designee’s action. Public hearing shall be conducted before the city administrator or his designee on whether a license should be denied, reinstated or revoked, as the case may be. The city administrator or his designee may order the license issued or reinstated either conditionally or unconditionally, or revoke the license. Ten (10) days notice of the time and place of the public hearing shall be given to the license holder, who shall have an opportunity to appear before the city administrator or his designee and present any evidence or arguments the license holder may have as to why the action taken by the accounts and finance officer or his designee should not be approved by the city administrator or his designee.

(b) Number and type of hens allowed. No more than six (6) hens shall be allowed on any licensed premises. Roosters (male chickens) are prohibited.

(1) The keeping of hens shall be restricted to properties zoned as one-family detached dwellings (single family residences) as defined by Chapter 35 of the City Code, Sec. 35-3405(a), which states, in part: “a dwelling designed for and occupied by not more than one family and having no roof, wall, or floor in common with any other dwelling unit; this dwelling unit type consists of a fully detached single-family residence which is located on an individual lot or within a group development; this dwelling unit may not be split into two or more residences.”

(2) The provisions of this Sec. 7-1104A shall supersede any conflicting provisions of Chapter 35, “Zoning and Land Development,” of the City Code, including Sec. 35-3406(f), “Husbandry.”

(d) Enclosures; confinement. Chicken enclosures and chicken pens shall be designed, constructed and well maintained to provide safe and healthy living conditions for the hens while minimizing adverse impacts to other residents in the neighborhood.

(1) Hens must be kept in a chicken enclosure, chicken pen, or fenced area at all times. Hens shall be secured within a chicken enclosure during non-daylight hours.

(2) Chicken enclosures and chickens pens shall be located in the rear yard of a premises only, as defined by Chapter 35 of the City Code, Sec. 35-1203(385), “yard, rear.” Or, if no rear yard meets the setback requirements of subsection (d)(3) below, then chicken enclosures and chicken pens may be located in a side yard, as defined by Chapter 35 of the City Code, Sec. 35-1203(387), “yard, side,” as long as the setbacks in subsection (d)(3) below are met.

Council Bill/General Ordinance No. 3021-2016

(3) The minimum setback for placement shall be five (5) feet from the premises property lines and twenty-five (25) feet from any residential dwelling, church, school or place of business.

(4) Chicken enclosures shall meet the following standards:

a. a minimum of four (4) square feet per hen;

b. be constructed of wood or other similar materials and enclosed on all sides with a roof, door(s) and secure latching mechanisms for any doors or windows;

c. include predator/bird proof wire of less than one (1) inch openings for any doors or windows;

d. provide adequate ventilation and protection from the elements;

e. contain an independent electric/heat source without the use of extension cords;

f. be resistant to rodents and predators, including dogs and cats.

(5) Chicken pens shall meet the following guidelines:

a. be fully enclosed with a roof and be covered with predator/bird proof wire or aviary netting;

b. be resistant to rodents and predators, including dogs and cats.

(6) The materials used in making chicken enclosures and chicken pens shall be uniform for each element of the structure such that the walls are made of the same material, the roof(s) has the same shingles or other covering, and any windows or openings are constructed using the same materials.

The use of scrap, waste board, sheet metal, or similar materials is prohibited.

(7) A City building permit is not required unless the total size of the chicken enclosure will exceed 120 square feet, thereby meeting the definition of a major accessory structure as defined in Sec. 35-3201(b) of the City Code.

(e) Odor and noise impacts.

(1) Odors from hens, hen manure or other hen related substances shall not be perceptible beyond the boundaries of the licensed premises. Chicken enclosures and chicken pens shall be kept in a clean, neat and sanitary condition. Any accumulation of waste, uneaten or discarded feed, and fallen feathers shall be collected and discarded in a sanitary manner and with such frequency as is necessary to ensure that related odors are not detectable from adjacent properties and that any such accumulation does not constitute a nuisance as defined in Sec. 7-1112(b), “Animal Waste on Private Property,” and/or Sec. 21-1100, “Nuisances in General; Definitions,” of the City Code.

Cleaning of chicken enclosures and chicken pens shall be done in such a manner which prevents any animal waste runoff onto public right-of-way and which complies with the provisions set forth in the City’s Stormwater Utility Ordinance, Chapter 34 of the City Code.

(2) Noise from hens shall not be loud enough beyond the property lines of the licensed premises on which hens are kept so as to disturb the public peace and quiet.

(f) Feed and water. Hens shall be provided with access to feed and clean water at all times. Feed must be stored in secure containers and in a secure location until it is placed for consumption by the hens. Feed must be stored in a manner so that it is not available to rodents, wild birds, predators or other pests.

(g) Waste storage and removal.

(1) Any manure that is kept on the licensed premises for compost and fertilizer use must be stored in a secure enclosed container or area to ensure that it is not visible from adjacent properties, that related odors are not detectable from adjacent properties, and that any such accumulation does not Council Bill/General Ordinance No. 3021-2016 constitute a nuisance as defined in Sec. 7-1112(b) and/or Sec. 21-1100 of the City Code. All other manure not used for composting or fertilizing shall be removed.

(2) No more than three (3) cubic feet of manure shall be stored on the licensed premises.

(3) See also subsection (e)(1) above.

(h) Hens at large. The licensee shall not allow the licensee’s hens to roam off the licensed premises.

(i) Unlawful acts.

(1) It shall be unlawful for any person to own, raise, harbor or keep hens in violation of any provision of this chapter or any other provision of the City Code.

(2) No person shall keep hens inside a one-family detached dwelling unit, multi-family dwelling unit(s) or rental unit.

(3) No person shall keep hens on a vacant or uninhabited property within the City of Moline.

(4) No person shall keep a rooster within the City of Moline.

(5) No person shall slaughter any hen or rooster within the City of Moline.

(6) Should a dog or cat or other domesticated animal kill a hen on or off the licensed premises, said animal shall not be considered a dangerous or aggressive animal for that reason alone, and said action will not be cause for the City to enforce its animal control provisions.

(j) Nuisance violation.

(1) Any violation of the terms of this chapter that constitutes a health hazard or that interferes with the use or enjoyment of neighboring property shall constitute a nuisance and may be abated under the general nuisance abatement provisions of the City Code. Penalty for violation of any part of this section shall be as provided in Sec. 1-1107 of the Code.

(2) Should the City order abatement of the hens from the licensed premises as a result of a nuisance violation, neither the City of Moline nor the County of Rock Island shall be responsible for removal, temporary keeping or relocating of the hens.”

Section 4 – That Chapter 7, “ANIMALS AND FOWL,” of the Moline Code of

Ordinances, Sec. 7-1116, “ANIMAL CAGES, RUNS, PENS, ETC.,” is hereby amended by repealing subsection (b)(4) in its entirety and enacting in lieu thereof one new subsection (b)(4) dealing with the same subject matter, which shall read as follows:

* * * * * *

“(b) Construction requirements. Each cage, enclosure, pen, run, shed or other structure used to harbor an animal hereafter erected, repaired or reconstructed shall meet the following requirements:

* * * * * *

“(4) Outdoor bird cages: The owner or keeper of pigeons and other outdoor birds, with the exception of hens, shall provide a cage, enclosure, pen or other structure located at least three (3) feet off the ground, and which shall be constructed in a manner to assure the protection of the birds from the elements, including weatherproof sides and roof, and shall be placed in such location or be Council Bill/General Ordinance No. 3021-2016 protected to prevent the elements from injuring the birds’ health. The keeping of hens shall be allowed pursuant to Sec. 7-1104A above, and the requirements of construction and maintenance of chicken enclosures and chickens pens shall be pursuant to Sec. 7-1104A(d).”

Section 5 – That this ordinance shall be in full force and effect from and after passage, approval, and if required by law, publication in the manner provided for by law.

CITY OF MOLINE, ILLINOIS

___________________________________

Mayor

___________________________________

Date

Passed:

Approved:

Attest:

City Clerk

Approved as to Form:

City Attorney