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Conference Engrossed
backyard fowl; regulation; prohibition |
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State of Arizona House of Representatives Fifty-sixth Legislature Second Regular Session 2024
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CHAPTER 192
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HOUSE BILL 2325 |
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An Act
amending title 9, chapter 4, article 6.1, Arizona Revised Statutes, by adding section 9-462.10; amending title 11, chapter 6, article 2, Arizona Revised Statutes, by adding section 11-820.04; relating to municipal and county zoning.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Title 9, chapter 4, article 6.1, Arizona Revised Statutes, is amended by adding section 9-462.10, to read:
9-462.10. Backyard fowl regulation; prohibition; exceptions; state preemption; definition
A. A municipality may not adopt any law, ordinance or other regulation that prohibits a resident of a single-family detached residence on a lot that is one-half acre or less in size from keeping up to six fowl in the backyard of the property. A municipality may:
1. Prohibit a resident from keeping male fowl, including roosters.
2. require fowl to be kept in an enclosure located in the rear or side yard of the property at least twenty feet from a neighboring PROPERTY and restrict the size of the enclosure to a maximum of two hundred square feet with a maximum height of eight feet.
3. require the enclosure to be maintained and manure picked up and disposed of or composted at least twice weekly.
4. require that composted manure be kept in a way that prevents migration of insects.
5. require water sources with adequate overflow drainage.
6. require that feed be stored in insect-proof and rodent-proof containers.
7. Prohibit fowl from running at large.
b. Notwithstanding subsection a of this section, a municipality shall enact an ordinance that requires an enclosure located in a residential community on a lot less than one acre in size to be shorter than the fence line of the property.
c. An ordinance that is enacted after the effective date of this section does not apply to an enclosure that was constructed on or before the effective date of this section.
d. The property rights of property owners in this state outlined in this section are of statewide concern. This section preempts all local laws, ordinances and charter provisions to the contrary.
e. for the purposes of this section, "fowl" means a cock or hen of
the domestic chicken.
Sec. 2. Title 11, chapter 6, article 2, Arizona Revised Statutes, is amended by adding section 11-820.04, to read:
11-820.04. Backyard fowl regulation; prohibition; exceptions; state preemption; definition
A. A county may not adopt any law, ordinance or other regulation that prohibits a resident of a single-family detached residence on a lot that is one-half acre or less in size from keeping up to six fowl in the backyard of the property. A county may:
1. Prohibit a resident from keeping male fowl, including roosters.
2. require fowl to be kept in an enclosure located in the rear or side yard of the property at least twenty feet from a neighboring PROPERTY and restrict the size of the enclosure to a maximum of two hundred square feet with a maximum height of eight feet.
3. require the enclosure to be maintained and manure picked up and disposed of or composted at least twice weekly.
4. require that composted manure be kept in a way that prevents migration of insects.
5. require water sources with adequate overflow drainage.
6. require that feed be stored in insect-proof and rodent-proof containers.
7. Prohibit fowl from running at large.
b. Notwithstanding subsection a of this section, a county shall enact an ordinance that requires an enclosure located in a residential community on a lot less than one acre in size to be shorter than the fence line of the property.
c. An ordinance that is enacted after the effective date of this section does not apply to an enclosure that was constructed on or before the effective date of this section.
d. The property rights of property owners in this state outlined in this section are of statewide concern. This section preempts all local laws and ordinances to the contrary.
e. for the purposes of this section, "fowl" means a cock or hen of
APPROVED BY THE GOVERNOR MAY 21, 2024.
FILED IN THE OFFICE OF THE SECRETARY OF STATE MAY 21, 2024.