City Ordinance Revisions

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                                     City of Muskegon
                                Muskegon County, Michigan
                               Ordinance Amendment No. 2498


Sec. 6-17.    Livestock and poultry.

       (a) Except as provided in this section, no livestock shall be kept in the city.

       (b) No live poultry, excluding chickens kept pursuant to section (f) below, shall be kept in
           the city.

       (c) No more than two (2) rabbits shall be kept on any premises in the city. The two (2)
           rabbits which may be kept at premises shall be in a pen located at least 25 feet from
           any dwelling and constructed and maintained in accordance with standards published
           in the industry or by a 4-H organization.

       (d) No wild animal shall be kept permanently or temporarily in the city unless affiliated
           with a transient circus or carnival having all required permits to operate in the city, or
           a licensed zoo.

       (e) Education Exception

              1. Upon submission of a site plan and approval by the Planning Commission, an
                 educational institution may keep a limited number of livestock, poultry, fowl,
                 rabbits and other animals for educational purposes.

              2. An “educational institutional” for purposes of this ordinance is defined as an
                 accredited educational institution, such as a school within the Muskegon Area
                 Intermediate School District, an elementary, intermediate, and/or secondary
                 school, college, university or other such institution of higher learning, public
                 and private, offering courses in general, technical or religious education, not
                 operated for profit and in full compliance with the City’s Zoning Ordinance.

              3. Measures must be taken to ensure that the livestock and other animals are not a
                 nuisance to neighboring properties for any reason, including the noise, smell,
                 disease or danger that they may cause.

              4. All livestock and other animals must be located at least 25 feet from any

              5. All state and federal laws and regulations pertaining to the housing and care of
                 animals shall be followed. In addition, the program using the animals as part of
                 its educational curriculum must comply with the career tech program guidelines
                 and regulations.

(f) Keeping of Chickens

       1. Up to six (6) female chickens may be kept on a tax parcel having at least 3,000
          square feet and located in a Single-Family Residential District, RT Two Family
          Residential District, Form Based Code, Urban Residential District or Form
          Based Code, Lakeside Residential District. Roosters may not be kept in the city.

       2. The female chickens shall be kept in a chicken coop, which shall be in a fenced
          or covered enclosure. The fenced or covered enclosure shall comply with
          setback requirements established in the City’s Zoning Ordinance and shall not
          cover more than 50% of the rear yard. All aspects of the fenced or covered
          enclosure shall be as provided for in a development permit approved by the
          Planning Department and shall be repaired and maintained in a manner resistant
          to predators.

       3. In addition to the chicken coop, the fenced or covered enclosure shall contain a
          feeding container. Ground feeding is prohibited. All unused or unconsumed
          food shall be adequately secured and stored after every feeding. All unused or
          unconsumed food shall not be left open to or accessible by other animals.

       4. The keeping of chickens shall be done in such a manner that all health and safety
          standards of the City’s Property Maintenance Code are satisfied.

(g) Violation and Penalties

       1. The owner and occupant of a tax parcel shall insure compliance with all
          provisions of this Section.

       2. Any person who violates any provision of this Section shall be responsible for
          a municipal civil infraction.

(h) Civil Remedies for Violation

       1. In case any dwelling, property, chicken coop, fenced or covered enclosure, or
          feeding container is maintained in violation of any provision of this Section, the
          city may institute an action in circuit court to prevent such unlawful
          maintenance; to restrain correct or abate such violation or nuisance, or to
          prevent conduct on such tax parcel.

       2. The judgement of the court in such cause may direct the correction, repair or
          rehabilitation of the dwelling or building or the abatement of the violation, may
          authorize a reasonable time within which the defendant may make such

                  correction or abatement and may authorize the city to execute and carry out the
                  provisions of the judgment in case of default of the defendant. Whenever the
                  city has incurred any expense in the enforcement of this article or in obtaining
                  a judgement of the court or if inspection fees are due, such expenses and fees
                  may be recovered.

              3. The city shall have a lien upon the premises for all fees due and amounts
                 expended to correct, repair, rehabilitate or abate a condition or violation thereon
                 and for expenses necessarily incurred in the obtaining and executing of a
                 judgment, which shall be a lien placed on the tax parcel and may be placed on
                 the tax bill and have priority over all other liens or encumbrances except taxes
                 or assessments may be enforced by levy as in the case of real property taxes, by
                 personal action or judicial foreclosure. The lien shall be effective on the date
                 billed by the city.

              4. In any action instituted by the city under this section, the city attorney may file
                 in the office of the register of deeds of the county a notice of the pendency of
                 the action or proceedings. A notice may be filed as the time of the
                 commencement of the action or proceeding or at any time thereafter before final
                 judgment or order or at any time after the service of any notice or order issued
                 by the city. The notice shall have the same force and effect as a lis pendens.
                 Such notice may be vacated upon the order of the judge of the court in which
                 the action or proceeding was instituted or is pending or by consent in writing of
                 the city of the city attorney.

This Ordinance Adopted:

Ayes: Kilgo, Keener, German, Kochin, St.Clair, and Johnson
Nays: None

Adoption Date:       February 13, 2024
Effective Date:      March 3, 2024
First Reading:       January 23, 2024
Second Reading:      February 13, 2024

                                                          CITY OF MUSKEGON

                                                     By: ______________________________
                                                        Ann Marie Meisch, MMC
                                                        Clerk, City of Muskegon


      The undersigned, being the duly qualified clerk of the City of Muskegon, Muskegon County,
Michigan, does hereby certify that the foregoing is a true and complete copy of an ordinance
adopted by the City Commission of the City of Muskegon, at a regular meeting of the City
Commission on the 13th day of February, 2024 at which meeting a quorum was present and
remained throughout, and that the original of said ordinance is on file in the records of the City of
Muskegon. I further certify that the meeting was conducted, and public notice was given, pursuant
to, and in full compliance with Act No. 267, Public Acts of Michigan of 1976, as amended, and
that minutes were kept and will be, or have been made available as required thereby.

                                                       CITY OF MUSKEGON

Published: February 22, 2024              By:
                                                      Ann Marie Meisch, MCC
                                                      Clerk, City of Muskegon

 Publish:        Notice of Adoption to be published once within ten (10) days of final adoption.

                                         CITY OF MUSKEGON
                                        NOTICE OF ADOPTION


       Please take notice that on February 13, 2024 the City Commission of the City of Muskegon
adopted an amendment to Chapter 6 “Animals”, whereby the following changes were made:

       (f) Was added to permit the keeping of up to six (6) chickens under certain conditions and
           in certain zoning districts.

Copies of the ordinance may be viewed and purchased at reasonable cost at the Office of the City
Clerk in the City Hall, 933 Terrace Street, Muskegon, Michigan, 49440 during regular business

       This ordinance amendment is effective ten (10) days from the date of this publication.

                                                              CITY OF MUSKEGON

Published: February 22, 2024                   By:           Ann Marie Meisch, MCC
                                                             Clerk, City of Muskegon



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