Council approves agriculture ordinance on first reading

At the March 21 Thermopolis Town Council meeting held at Town Hall, during citizen participation, Mayor Estenson asked Town Attorney Marshall Keller to present for the first reading the new language for the Limited Urban Agriculture Ordinance, which is about making chickens and three additional animals legal within the town boundaries. 

The ordinance states the following:

“Section 1. No person, firm, partnership, corporation or association shall keep, harbor, stable, pen or maintain horses, mules, asses, cattle, neat or otherwise, swine, pigs, geese, turkeys, or other livestock except those listed within the exceptions and nothing herein shall be construed to mean or include dogs, cats, or household pets, on any premises within the corporate limits of the Town.”

“Section. 2. Exception for keeping of chickens within Town limits: (a) A total of up to ten (10) chickens are allowed. (b) 6ft fencing perimeter fencing and a covered pen, run, housing or coops with no structure rising higher than the fence line is required to provide shelter from the elements and predators. (c) All pen, run, housing or coops must be offset from the property line by five feet (5’) minimum from the property boundary. (d) No chickens shall be kept in front yards of any property. (e) 15 square feet per bird is required. (f) No roosters over the age of four (4) months is allowed within Town limits.”

“Section. 3. Exception for keeping of ducks within Town limits: (a) The minimum requirements for keeping chickens shall also apply to ducks. (b) If ducks are to be allowed to roam outside of the pen, run, housing or coops, they shall have their wings clipped. (c) Only the duck breeds of Indian Runner, Muscovy, Roven, Anconas, Pekin, and Khaki Campbell’s are allowed.”

“Section. 4. Exceptions for keeping of miniature or dwarf goats within Town limits: (a) Miniature and dwarf goats for the purpose of this ordinance are defined as any goat smaller than twenty-six inches (26”) at the withers. (b) No more and no less than two adult goats over the age of four (4) months old shall be allowed. (c) No intact males shall be allowed to be kept within Town limits. (d) A six (6) foot fence perimeter fence shall be required with an interior pen for the goats having a height of forty-eight inches (48”) to fifty-two inches (52”). (e) Housing of at least thirty square feet (30 sq ft) is required to provide shelter from the elements. (f) The pen area for the goats must be a minimum of one hundred thirty square feet (130 sq ft) and offset from the perimeter fence by at least three feet (3’). (g) Pens and housing for the goats are not allowed to be kept in the front yard.”

“Section. 5. Exceptions for keeping rabbits within Town limits: (a) A maximum of ten (10) rabbits are allowed. (b) Rabbit cages or housing shall be a minimum of five square feet (5 sq ft) with a roof height minimum of sixteen inches (16”).”

“Section. 6. Adequate water, food and shelter must be maintained for the livestock.  Failure to provide adequate water, food, and shelter for the livestock is violation of animal cruelty codes within Section 4 -401 to 4-402 of the Town Codes of Thermopolis.”

“Section. 7. Animal waste must be disposed of or treated in manner in which foul odors and run off are prevented from entering adjoining properties or public right of ways.”

“Section. 8. The limited agricultural exceptions shall only be allowed on single-family dwelling properties. If the property is a rented property, written permission from the landowner with contact information and lease must be provided when applying for a permit.”

“Section. 9. Permits are required for the limited agricultural exceptions within Town limits.  Permits are $50 dollars per species and shall receive a $25.00 discount for demonstrating a certificate of having completed an approved course for caring of urban livestock.  Each permittee shall have their facilities inspected and approved before the issuance of a permit.” 

“Section. 10 Only two (2) species can be permitted  and allowed on one property.  For permitting purposes ducks and chickens shall be considered one species and only a total of 10 fowl are allowed.”

“Section. 10. Violations of this ordinance will be subject to the penalties of code Section 4-102.”

After Keller finished reading, Mayor Estenson asked the council for a discussion. Council member Bill Malloy asked why there were no more or no less than two goats. It was explained that goats will be a loud nuisance if they are by themselves. Having a second goat will give them company. 

There was additional discussion about how to handle chicken fencing with properties that contain trailers or are on a corner lot, therefore not having a backyard. The summary conclusion was that the resident must follow the fencing ordinance and the codes administrator will work with the property owner on a case-by-case basis.

Some members of the public discussed concerns about enforcement and how inspections would be handled. Chief of Police Pat Cornwell said that once there is a nuisance complaint, the police will have the authority to come onto the property to investigate. It was also noted that Codes Administrator Jim Jeunehomme will enforce the permit applications and review the process with the applicant as well. 

The council voted and passed the approval of the ordinance with the amendments for its first reading. There will be second and third readings at the following council meetings, with the possibility of further amendments and public comments. If the ordinance passes all the way to the third reading, it will become part of the official town code. 

The council also voted and passed the approval of the bid from Tony’s Total Lawn Care for equipment used for park maintenance for a total cost of $36,000 a year. There were no other bidders for this work. 

Mayor Adam Estenson also explained about the Big Horn Basin Nature Discover Center’s two asks for several grants with the WYDOT TAP program and they were asking for letters of support from the Town. There would be more discussion at the April 14 meeting. Mayor Estenson asked for the council’s blessings to sign the letters of support for the two grants, and they voted and passed the approval for it.

Assistant to the Mayor Jim Jeunehomme gave a Public Works update and said there was a new slacker installed scheduled for March 21 and the airport pump station and pump needs exchanging out. 

Chief of Police Pat Cornwell reported that they have one new officer and they have one about to be hired who is currently going through a background check. There is also still one more opening to become fully staffed.