ARIZONA HOUSE OF REPRESENTATIVES Fifty-sixth Legislature Second Regular Session
	House: LARA DP 7-2-0-0|3^rd Read 35-21-3-0-1 Senate: NREW DPA 4-2-1-0|3^rd Read 17-13-0-0 Final Pass: 33-18-9-0-0

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HB 2325: backyard fowl; regulation; prohibition

Sponsor: Representative Payne, LD 27

Transmitted to the Governor

Overview

Prohibits a municipality or county from adopting a zoning ordinance that restricts a resident of a single-family detached residence from keeping up to six fowl in their backyard. Allows municipalities and counties to establish certain requirements for keeping fowl.

History

Municipalities and towns have the general power to adopt and enforce zoning ordinances that regulate certain aspects of land use (A.R.S. §§ 9-240, 9-499.01, 9-462.01).

Some Arizona cities have adopted ordinances to regulate how many backyard fowl may be kept at a residence and the conditions in which these animals may be kept:

1) In Phoenix, poultry may be kept in an enclosure within 80 feet of a residence if written permission is given by each lawful occupant and owner of a residence within 80 feet of the enclosure;

2) In Chandler, up to five chickens per yard are allowed if the coop is set back at least five feet from all property lines;

3) In Scottsdale, fowl is allowed unless it is a frequent or habitual nuisance that disturbs a neighborhood or any two or more persons;

4) In Flagstaff, small livestock such as chickens, ducks, rabbits, miniature goats and bees are allowed on residential or educational property. Unless the property is located in Estate and Rural Residential zoning, a permit is required to keep backyard livestock. On property less than 20,000 square feet, up to 5 chickens are allowed provided that they are fenced in to keep them on the owner's property and have at least 10 square feet of outdoor space and 4 square feet of indoor space; and

5) In Tucson, residents may keep up to 24 chickens if they have an enclosure that is not within 50 feet of the dwelling of another person. Coops must be kept in a clean and sanitary condition.

Counties have a similar power to adopt and enforce such ordinances. In 2017, the Pima County Board of Supervisors approved a zoning change to allow residents to keep up to 8 hens in certain properties that are usually 6,000 to 8,000 square feet in size. Single-family dwelling lots and manufactured home lots of 6,000 square feet or smaller or multi-family dwellings could keep up to four hens per dwelling (A.R.S. §§ 11-251.05, 11-811) (Pima County Ordinance 2017- 36).

Provisions

1. Prohibits a municipality or county from adopting a law, ordinance or regulation that restricts a resident of a single-family detached residence that is one-acre or smaller in size from keeping up to six fowl in the property's backyard. (Sec.1 and 2)

2. Allows a municipality or county to:

a) prohibit a resident from keeping male fowl, including roosters;

b) require fowl to be kept in an enclosure in the rear or side of the yard at least 20 feet from a neighboring property and with a maximum size of 200 square feet and a maximum height of 8 feet;

c) require the enclosure to be maintained and manure picked up, disposed of or composted at least twice weekly;

d) require that composted manure be kept in a way that prevents migration of insects;

e) require water resources with adequate overflow drainage;

f) require that feed be stored in insect-proof and rodent-proof containers; and

g) prohibit fowl from running at large. (Sec. 1 and 2)

3. Requires a municipality and county to enact an ordinance that requires an enclosure on a lot less than one acre in size to be shorter than the fence line of the property. (Sec. 1 and 2)

4. States that an ordinance that is enacted after the effective date of this legislation does not apply to an enclosure that was constructed by the effective date of this section. (Sec. 1 and 2)

5. States that the property rights of property owners in Arizona are of statewide concern. (Sec. 1 and 2)

6. Preempts local laws, ordinances and charter provisions. (Sec. 1 and 2)

7. Defines fowl to mean a cock or hen of the domestic chicken. (Sec. 1 and 2)

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11.                   HB 2325

12. Initials EB/BSR  Page 0 Transmitted

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