Aug. 2 2021 Grand Forks Prohibited Animals Ordinance

07/21/2021 Revised based on discussion at July 19 City Council meeting.
ORDINANCE NO. __________
An ordinance to amend Grand Forks City Code § 11-0216 relating to prohibited animals
and Grand Forks City Code § 11-0217 relating to the prohibition of fowl within Grand Forks city
limits.
BE IT ORDAINED by the City Council of the City of Grand Forks, North Dakota,
pursuant to its home rule charter, Grand Forks City Code and N.D.C.C. ch. 40-11 that:
Section 1: Amending Clause to Amend Grand Forks City Code § 11-0216.
Grand Forks City Code § 11-0216 is amended to read as follows (the amending language
in bold, with deletions stricken through and additions underlined):
11-0216. – Prohibited animals.
No swine, cattle, horses, mules, sheet, goats, or other hard-hoofed animals or

chickens, roosters, ducks, geese, turkeys, doves, pigeons, or other fowl shall be kept by
any person within the city, except:
(1) For industrial uses in industrial districts as provided by Chapter 18.
(2) Registered purebred miniature Vietnamese potbelly pigs and other similar
registered purebred miniature pigs provided that the miniature pig shall not
exceed one hundred (100) pounds and no more than two (2) miniature pigs,
six (6) months of age or older, shall be allowed in any single family
dwelling. All miniature pigs shall be maintained under restraint as provided
by section 11-0121. The owner of any miniature pig shall further comply
with the provisions of section 11-0125.
(3) Permitted Ffowl under Grand Forks City Code § 11-0217. may be
allowed within the city limits for nonindustrial, noncommercial or
nonagricultural purposes, as approved by the director of the public
health department after considering the impact of noise, odor,
sanitation and other public health, safety and welfare considerations
upon neighboring properties, the neighborhood and the city.
11-0217. – Permitted Fowl prohibited.
(1) A Permitted Fowl shall mean chickens, ducks, doves, pigeons or quail
that are authorized and permitted pursuant to this section.
Page 1 of 3
(2) An individual may maintain, keep, or house Permitted Fowl for

nonindustrial, noncommercial or nonagricultural purposes within the
limits of the city subject to following requirements, limitations and
conditions: Except as otherwise provided in this article, it shall be
unlawful for any owner, keeper, or custodian of chickens, ducks, geese,
turkeys, doves, pigeons or other fowl to permit or allow the same to be
maintained, kept, housed or at large within the limits of the city.
a. The individual has obtained and provided to the public

health department written consent from all owners of real
property located within sixty-five (65) feet of the exterior
real property boundary line of the property where such
Permitted Fowl will be maintained, kept or housed.
b. The individual has applied for and obtained a permit from

the director of the public health department, or the
director’s designee for the Permitted Fowl. In its
determination of whether to issue a permit, the director of
the public health department or the director’s designee shall
consider the impact of noise, odor, sanitation and the public
health, safety and welfare upon neighboring properties, the
neighborhood and the city. No permit may be issued without
the individual having obtained and provided the written
consent described in Grand Forks City Code § 11-0217(2)(a).
c. Except as otherwise permitted by federal law, the total

number of Permitted Fowl that may be maintained, kept, or
housed at any one location shall be not exceed twelve (12)
and of such total amount, the number that may be chickens
shall not exceed six (6).
d. A permit issued in accordance with this Section shall expire

on December 31 of the year in which such permit is issued
and may be annually renewed provided the requirements,
limitations and conditions set forth in this section are
satisfied.
e. The director of public health, or the director’s designee, may

revoke or suspend any permit issued under this ordinance
when it is determined that any of the requirements,
limitations or conditions for issuance of a permit are no
longer complied with or it is determined the maintaining,
keeping or housing of a Permitted Fowl has become a public
nuisance, as described in section 11-0217(3).
Page 2 of 3
(2) No such fowl shall under any circumstances be kept within an enclosure
within the city at a distance less than seventy-five (75) feet from any
dwelling house without the written consent of the owner or tenants of
said dwelling.
(3) Except as otherwise provided in this article, any person who owns or keeps
at any time within the limits of the city any unauthorized fowl of any kind
shall be deemed guilty of maintaining a public nuisance if such fowl is not
removed from the city within ten (10) days after notice. Each day's
continuance of such nuisance shall be a separate offense.
Section 3: Effectivity.
This ordinance shall be in full force and effect after publication thereof, as provided by
law.
_________________________________
Brandon Bochenski, Mayor
Dated: ___________________________
ATTEST:
_____________________________
Maureen Storstad, City Auditor
Dated: _______________________
Introduction and first reading: _________________
Public Hearing: ____________
Second reading and final passage and approval: ____________
Approved: ______________
Published: ______________
Page 3 of 3
07/19/2021
City of Grand Forks

Staff Report
Committee of the Whole –
City Council – July 19, 2021
N/A
July 19: Motion by Sande to move approval of the draft ordinance with an amendment to change the distance to 65' in any direction
and a maximum of six (6) birds. Kvamme seconded it. Mock suggested a friendly amendment to the number of birds at 12 maximum,
no more than 6 of which can be chickens. This would accommodate those with smaller varieties of birds. Sande and Kvamme accepted
the friendly amendment. Upon call for the question, the motion carried 6-1, with Weber dissenting.
August 2:
1. Added roosters to 11-0216 prohibited animals.

2. Rather than discussing permits in both 11-0216 and 11-0217, simplified the fowl
exception under 11-0216 and the removed language has been incorporated into 11-
0217(2)(b).
3. 11-0217 was amended to read “Permitted Fowl” rather than “Fowl prohibited”
4. 11-0217(1) defines “Permitted Fowl”
5. 11-0217(2) provides for the requirements, limitations and conditions relating to
maintaining, keeping, or housing Permitted Fowl. These include obtaining approval from
property owners located within 60 feet of the property line, obtaining a permit through
public health, limiting the number of Permitted Fowl, and duration of the permit term.
6. Section was added concerning the revocation of permits
Draft discussed at July 19, 2021 City Council Meeting
limits.

chickens, roosters, ducks, geese, turkeys, doves, pigeons, or other fowl shall be kept by
any person within the city, except:
(3) Permitted Ffowl under Grand Forks City Code § 11-0217. may be
allowed within the city limits for nonindustrial, noncommercial or
nonagricultural purposes, as approved by the director of the public
health department after considering the impact of noise, odor,
sanitation and other public health, safety and welfare considerations
upon neighboring properties, the neighborhood and the city.
11-0217. – Permitted Fowl prohibited.
(1) A Permitted Fowl shall mean chickens, ducks, doves, pigeons or quail
that are authorized and permitted pursuant to this section.
Page 1 of 3
(2) An individual may maintain, keep, or house Permitted Fowl for

nonindustrial, noncommercial or nonagricultural purposes within the
limits of the city subject to following requirements, limitations and
conditions: Except as otherwise provided in this article, it shall be
unlawful for any owner, keeper, or custodian of chickens, ducks, geese,
turkeys, doves, pigeons or other fowl to permit or allow the same to be
maintained, kept, housed or at large within the limits of the city.
a. The individual has obtained and provided to the public

health department written consent from all owners of real
property located within sixty (60) feet of the exterior real
property boundary line of the property where such
Permitted Fowl will be maintained, kept or housed.
b. The individual has applied for and obtained a permit from

the director of the public health department, or the
director’s designee for the Permitted Fowl. In its
determination of whether to issue a permit, the director of
the public health department or the director’s designee shall
consider the impact of noise, odor, sanitation and the public
health, safety and welfare upon neighboring properties, the
neighborhood and the city. No permit may be issued without
the individual having obtained and provided the written
consent described in Grand Forks City Code § 11-0217(2)(a).
c. Except as otherwise permitted by federal law, the total

number of Permitted Fowl that may be maintained, kept, or
housed at any one location shall be not exceed fifteen (15)
and of such total amount, the number that may be chickens
or ducks shall not collectively exceed six (6) and the number
that may be doves, pigeons, or quail shall not collectively
exceed fifteen (15).
d. A permit issued in accordance with this Section shall expire

on December 31 of the year in which such permit is issued
and may be annually renewed provided the requirements,
limitations and conditions set forth in this section are
satisfied.
e. The director of public health, or the director’s designee, may

revoke or suspend any permit issued under this ordinance
when it is determined that any of the requirements,
limitations or conditions for issuance of a permit are no
longer complied with or it is determined the maintaining,
Page 2 of 3
keeping or housing of a Permitted Fowl has become a public

nuisance, as described in section 11-0217(3).
dwelling house without the written consent of the owner or tenants of
said dwelling.
(3) Except as otherwise provided in this article, any person who owns or keeps
at any time within the limits of the city any unauthorized fowl of any kind
shall be deemed guilty of maintaining a public nuisance if such fowl is not
removed from the city within ten (10) days after notice. Each day's
law.
_________________________________
Dated: ___________________________
ATTEST:
_____________________________
Dated: _______________________
Approved: ______________
Published: ______________
Page 3 of 3
City of Grand Forks
Staff Report
Committee of the Whole – June 28, 2021
City Council – July 6, July 19 and August 2, 2021
Agenda Item: Prohibited animals and exceptions 11-0216 & 11-0217
Submitted by: Javin Bedard, Environmental Health Manager
Staff Recommended Action: Review codes for potential updates.
Committee Recommended Action:

Motion by Weigel, second by Mock, to change the ordinance to no fowl within the City limits.
Affirmative- Weigel, Mock, Kvamme, Sande. Dissenting- Dachtler, Weber, Vein. Motion
passes 4-3.
Council Action: 07/06: Motion to approve died for lack of a section. Directed city attorney to work with health department and bring to
July 19 City Council a revised ordinance with updated rules for having fowl within the city.
July 19:
BACKGROUND:
City Code prohibits certain types of animals yet provides an allowance for fowl to be
kept upon approval by the Health Department. The Health Department receives several
inquiries each year about the keeping of fowl and provides our permit form and neighbor
permission form to requestors. Upon obtaining neighbor’s permission within 75-feet
Health discusses the number and type of fowl desired and reviews with the applicant
expectations for sanitation and disposing of wastes in a manner like other pets,
providing rodent proof feed containers and generally not allowing a nuisance to be
created. Permits are granted for one calendar year.
The Health Department has also received several inquiries and concerns about
beekeeping in town. Current ordinances do not address bees specifically. The North
Dakota Department of Agriculture regulates beekeeping per North Dakota Century
Code 04.1-16. Model ordinances exist and could be considered to regulate beekeeping
in town.
ANALYSIS AND FINDINGS OF FACT:
• Ten fowl permits issued since 2013.

• Two concerns received in past ten years for permitted fowl:
o One related to an adjacent neighbor who objected but is not within the 75-
foot distance requiring approval.
o One related to waste disposal
• Beekeeping occurs in town and is not locally regulated.
SUPPORT MATERIALS:
City Code excerpts: 11-0216 &11-0217

Fowl permit and neighbor permission forms.
NDCC 04.1-16
limits.

chickens, ducks, geese, turkeys, doves, pigeons, or other fowl shall be kept by any person
within the city, except:
(3) Fowl may be allowed within the city limits for nonindustrial,
noncommercial or nonagricultural purposes, as approved by the
director of the public health department after considering the impact
of noise, odor, sanitation and other public health, safety and welfare
considerations upon neighboring properties, the neighborhood and the
city.
11-0217. - Fowl prohibited.
Page 1 of 2
(1) Except as otherwise provided in this article, iIt shall be unlawful for any
owner, keeper, or custodian of chickens, ducks, geese, turkeys, doves,
pigeons, or other fowl to permit or allow the same to be maintained, kept,
housed or at large within the limits of the city.
dwelling house without the written consent of the owners or tenants of
said dwelling.
(3)(2) Except as otherwise provided in this article, aAny person who owns or
keeps at any time within the limits of the city any unauthorized fowl of any
kind shall be deemed guilty of maintaining a public nuisance if such fowl is
not removed from the city within ten (10) days after notice. Each day's
law.
_________________________________
Dated: ___________________________
ATTEST:
_____________________________
Dated: _______________________
Approved: ______________
Published: ______________
Page 2 of 2

Aug. 2 2021 Grand Forks Prohibited Animals Ordinance

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07/21/2021 Revised based on discussion at July 19 City Council meeting.

ORDINANCE NO. __________

Section 1: Amending Clause to Amend Grand Forks City Code § 11-0216.

11-0216. – Prohibited animals.

No swine, cattle, horses, mules, sheet, goats, or other hard-hoofed animals or

(1) For industrial uses in industrial districts as provided by Chapter 18.

Section 2: Amending Clause to Amend Grand Forks City Code § 11-0217.

11-0217. – Permitted Fowl prohibited.

(2) An individual may maintain, keep, or house Permitted Fowl for

a. The individual has obtained and provided to the public

b. The individual has applied for and obtained a permit from

c. Except as otherwise permitted by federal law, the total

d. A permit issued in accordance with this Section shall expire

e. The director of public health, or the director’s designee, may

City of Grand Forks

1. Added roosters to 11-0216 prohibited animals.

ORDINANCE NO. __________

Section 1: Amending Clause to Amend Grand Forks City Code § 11-0216.

11-0216. – Prohibited animals.

No swine, cattle, horses, mules, sheet, goats, or other hard-hoofed animals or

(1) For industrial uses in industrial districts as provided by Chapter 18.

Section 2: Amending Clause to Amend Grand Forks City Code § 11-0217.

11-0217. – Permitted Fowl prohibited.

(2) An individual may maintain, keep, or house Permitted Fowl for

a. The individual has obtained and provided to the public

b. The individual has applied for and obtained a permit from

c. Except as otherwise permitted by federal law, the total

d. A permit issued in accordance with this Section shall expire

e. The director of public health, or the director’s designee, may

keeping or housing of a Permitted Fowl has become a public

Agenda Item: Prohibited animals and exceptions 11-0216 & 11-0217

Submitted by: Javin Bedard, Environmental Health Manager

Staff Recommended Action: Review codes for potential updates.

Committee Recommended Action:

ANALYSIS AND FINDINGS OF FACT:

• Ten fowl permits issued since 2013.

• Beekeeping occurs in town and is not locally regulated.

City Code excerpts: 11-0216 &11-0217

Section 1: Amending Clause to Amend Grand Forks City Code § 11-0216.

11-0216. – Prohibited animals.

No swine, cattle, horses, mules, sheet, goats, or other hard-hoofed animals or

(1) For industrial uses in industrial districts as provided by Chapter 18.

Section 2: Amending Clause to Amend Grand Forks City Code § 11-0217.

11-0217. - Fowl prohibited.

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