SUBSTITUTE ORDINANCE NO. BL2012-228

An ordinance to amend Title 8 of the Metropolitan Code pertaining to the keeping of chickens on school property.

BE IT ENACTED BY THE COUNCIL OF THE METROPOLITAN GOVERNMENT OF NASHVILLE AND DAVIDSON COUNTY:

Section 1. Section 8.12.020 of the Metropolitan Code is hereby amended by deleting subsection C. and substituting with the following new subsection C.:

“C. An annual permit issued by the department of health shall be required for the keeping of domesticated hens on residential and public school property where allowed by Title 17 of the Metropolitan Code, provided that no permit shall be required for property that is zoned for agricultural uses except in the case of a school property as authorized by subsection N. of this section.
1. The annual permit to keep domesticated hens may not be assigned to another person. In addition, the permit authorizes the keeping of hens only upon the property described in the permit. Except for hens kept on school properties for educational purposes pursuant to subsection N. of this section, the permittee must occupy the residence on the property where the hens are kept as the permittee's personal, primary residence. An applicant for a permit for residential property must either own the property or have permission from the property owner to be eligible for a permit.
2. Only one permit is allowed per permittee. In the event the permittee is absent from the property for longer than sixty days, the permit automatically shall terminate and become void. The issuance of a permit does not create a vested right to renewal of the permit beyond the stated term thereof.
3. The first permit year shall extend from the date of issuance through December 31, 2013. Thereafter the permit year shall be January 1 through December 31.
4. Fees. The fee for an annual permit to keep domesticated hens is twenty-five dollars.”

Section 2. Section 8.12.020 of the Metropolitan Code is hereby amended by adding the following new subsection N.:

“N. Specific provisions for permits on Metropolitan Nashville public school properties.
1. Adequate nearby access to hand washing facilities, which include hot and cold water, single service paper towels, and hand soap, shall be provided, or, in the alternative to hand washing facilities, disposable rubber gloves shall be provided for use by all children handling the hens and/or eggs.
2. Adequate access to electricity for the enclosure shall be provided in order to provide adequate temperature control.
3. The applicant for a permit must provide written proof of the permission of the principal of the school pursuant to the facility use policy of Metropolitan Nashville public schools.
4. The applicant must provide the residential address and phone number of three (3) individuals willing to be on call to address any issues regarding this section, and one of those individuals must live within the school district of the school that is the subject of the application.
5. The applicant must submit a written, signed plan that adequately addresses the handling, dispersal, and/or disposal of eggs produced by their domesticated hens, which plan must have been approved, in writing, by the school. An adequate plan will address, among other issues, the following:
a) How and how quickly children will be required to wash their hands after they have touched the eggs; and
b) The cleansing of eggs and the arrangements for their refrigeration.
6. The maximum number of domesticated hens allowed under this subsection is twenty (20).

Section 3. That this Ordinance shall take effect immediately after its passage, the welfare of The Metropolitan Government of Nashville and Davidson County requiring it.

Sponsored by: Charlie Tygard

Amendment No. 1
To
Substitute Ordinance No. BL2012-228

Madam President:

I move to amend Substitute Ordinance No. BL2012-228 by amending Section 2 as follows:
1. By deleting the following provision in its entirety:
“The applicant for a permit must provide written proof of the permission of the principal of the school pursuant to the facility use policy of Metropolitan Nashville public schools.”
2. By substituting in lieu thereof the following provision:

“The applicant for a permit must provide a copy of a valid facility use agreement between the applicant and Metropolitan Nashville public schools that allows the keeping of hens on the property.”

Sponsored by: Charlie Tygard

Amendment No. 2
To
Substitute Ordinance No. BL2012-228

Madam President:

I move to amend Substitute Ordinance No. BL2012-228 by amending Section 2 by deleting the following provision in its entirety:
“Adequate access to electricity for the enclosure shall be provided in order to provide adequate temperature control.”

Sponsored by: Jason Holleman

LEGISLATIVE HISTORY

Introduced: August 7, 2012
Passed First Reading: August 7, 2012
Referred to: Planning Commission
Planning & Zoning Committee
Substitute Introduced: September 4, 2012
Passed Second Reading: September 4, 2012
Amendment No. 1: September 18, 2012
Amendment No. 2: September 18, 2012
Passed Third Reading: September 18, 2012
Approved: September 19, 2012
By: mayor's signature
Effective: