 |
ARIZONA STATE SENATE
Fifty-Sixth Legislature, Second Regular Session
AMENDED
backyard fowl; regulation; prohibition
Purpose
Prohibits a municipality and a county from adopting a prohibition on backyard fowl. Prescribes regulations that a municipality or a county may adopt regarding backyard fowl.
Background
The legislative body of a municipality may enforce any zoning ordinance in the same manner as other municipal ordinances are enforced. A city's or town's legislative body must establish necessary and appropriate rules and procedures governing application for zoning amendment, review and approval of plans, issuance of any necessary permits or compliance certificates, inspection of buildings, structures and lands and any other actions which may be considered necessary or desirable for enforcement of the zoning ordinance (A.R.S. § 9-462.05).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Prohibits a municipality and a county from adopting 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.
2. Allows a municipality and a county to:
a) prohibit a resident from keeping male fowl, including roosters;
b) require fowl to be kept in an enclosure located in the rear or side yard of the property at least 20 feet from a neighboring property and restrict the size of the enclosure to a maximum of 200 square feet with a maximum height of 8 feet.
c) require the enclosure to be maintained and manure picked up and 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 sources 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.
3. Requires a municipality and a county to 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.
4. Declares that an ordinance related to backyard fowl enacted after the general effective date does not apply to an enclosure that was constructed before the general effective date.
5. Declares that the outlined prohibition of regulation of backyard fowl preempts all local laws and ordinances and that the property rights of property owners in Arizona are of statewide concern.
6. Defines fowl as a cock or hen of the domestic chicken.
7. Becomes effective on the general effective date.
Amendments Adopted by Committee of the Whole
1. Removes the ability for a municipality and a county to restrict the number of fowl to a maximum of six for a resident keeping backyard fowl.
2. Specifies that a municipality and a county are allowed to require backyard fowl to be in an enclosure that is at least 15 feet from a neighboring dwelling, rather than from a neighboring property.
3. Specifies that a municipality and a county may not adopt any law, ordinance or other regulation that prohibits a resident of a single-family detached residence on a lot, rather than just a single-family detached residence, from keeping fowl in the backyard of the property.
4. Adds the requirement for a municipality and a county to enact an ordinance that requires an enclosure in a residential community on a lot less than one acre to be shorter than the fence line of the property.
Amendments Adopted by Free Conference Committee
1. Reinstates the ability for a municipality and a county to restrict a residence from keeping more than six backyard fowl.
2. Increases, from 15 feet to 20 feet, the distance a municipality and a county may enforce an enclosure located in the rear or side yard of the property to be from a neighboring property.
3. Specifies that the distance an enclosure located in the rear or side yard of the property is from a neighboring property, rather than a neighboring dwelling.
4. Declares that an ordinance relating to backyard fowl enacted after the general effective date does not apply to an enclosure that was constructed before the general effective date.
House Action Senate Action
LARA 2/5/24 DP 7-2-0-0 NREW 3/14/24 DPA 4-2-1
3rd Read 2/26/24 35-21-3-0-1 3rd Read 4/2/24 17-13-0
Prepared by Senate Research
May 14, 2024
RA/slp