Search

Ҥ 73. Fire commissioners, how chosen

..At each subsequent general municipal election three or two members of the fire
commission shall alternatively be elected for a full four-year term, in order to maintain a

board of five members.. . Vacancies shall be tilled fs Follows there is at least sex (©)

the clection-resulis-are final until the next municipal ‘lection ‘by the ‘lection of some
qualified person by the recorded votes of at least a majority of all members of the board of

fire commissioners at the next regular meeting or at a special meeting called for the express
purpose of filling the vacancy within sixty (60) days following the creation of the vacancy.”

Ҥ 75. Board of education: How chosen

..[F]our or five candidates shall be elected to the board at each general municipal
election in order to maintain a board of nine members. Vacancies shall be filled as-felttews-

i until the next municipal election by the election
of some qualified person by the recorded votes of at least a majority of all members of the
board of education at the next regular meeting or at a special meeting called for the express
purpose of filling the vacancy within sixty (60) days following the creation of the vacancy.”

term-as-seen-asthe election results are final

If approved by the voters at the November 5, 2019 regular municipal election, this charter
amendment will be effective on January 1, 2020.

PROPOSED AMENDMENTS FROM PEDC - 12/4/2018 AMENDED
O-18-019

ORDINANCE

AMENDING THE LAND USE CODE BY ADDING PROVISIONS REGARDING
URBAN CHICKENS

CITY OF NASHUA

In the Year Two Thousand and Eighteen

The City of Nashua ordains that Part II “General Legislation”, Chapter 190 “Land Use”,
of the Nashua Revised Ordinances, as amended, be hereby further amended as follows:

1. In Article III “Base Districts”, Section 190-15 “Permitted Uses”, Table 15-1 “Use
Matrix”, add new entry “287a.”, add the new underlined language, and delete the struck-through
language as follows:

Key: “P” mean permitted as of right. “C” means permitted as a conditional use. “S” means permitted as a special

exception. “A” means permitted only as an accessory use. “-“ means prohibited. Refer to Article XLII or the source
referred to under “Land Use Code” for specific definitions of uses.
Land Use Zoning District
Code
Use
3| 3] »
5/5/24
2/2i/zE/3/ es} 3s} 8 v Z 2/3
BS 2) 2/E/8/ 818i ¢]8 Els} ele
9 S\/*¥|S4)/2Z/Sl/BlEl| ola Z\/2| 2] 3
g) § 2 se s/ 2/3/38) 3/2/28) 2) 1/812] 2]
5 | ¢€ ~|/S)/2/8)/e el} e | S/F) ee) el el ele]
8 9 _ a a 2 c c a = ° S xs | =
ze] 6 2#/e/e/f]8| 8] & Ble; es] 2/8] 2] &
= - = — — = 2 2 = CB) = —_ o 5
BA S/S / s/f; 2/2/28) 5) 68) £) EE] Sl] x =
Al wel nly = S o| © | = ra =
nNI|n | © A/RP IPP] s|/o;a | ale] es] s &
SiS /2l/Fs) a] <j ma] a | <
esi | 2] me) me) oe] el me] me oe OP Al ea] BP a] et]
287. Livestock,
noncommercial
raising and
keeping of
livestock,
horses and p|pP ey] - 7 7 7 7 7 7 7 c| - 7 7
poultry, the =
raising of
swine and fur
animals for
commercial
use

ORDINANCE O-18-019

287a.
Chickens, as

an accessory - >
use

289. Stable,
commercial,
riding
academy, or
kennel in
which all
animals, few
poultry or
other forms of
life are
completely
enclosed in
pens or other
structures

2. In Part Il “General Legislation”, Chapter 190 “Land Use”, Article VI “Supplemental
Use Regulations”, add the following new section:

Ҥ190-31.1. Keeping of Chickens.

A. Purpose. It is the intent of this section to allow for the keeping of domestic female
chickens on a lot for the sole use and enjoyment of the residents of the lot on which such
chickens are kept, while at the same time preserving the quality of life of the surrounding
neighborhood by not allowing chickens to be kept in a number or in a manner that could
create a nuisance.

B. Applicability. This section applies to chickens as defined in §190-264. This section does
not apply to R-40 and R-30 zoning districts.

C. Standards.

(1) Chickens shall be kept in accordance with all applicable City Ordinances and
regulations, and state laws, including but not limited to RSA 644:8, Cruelty to

Animals.

(2) Up to six (6) chickens may be kept on a lot. Only female chickens are
allowed to be kept. Adult male or crowing male chickens (roosters) are
prohibited.

(3) The keeping of chickens shall be accessory to and on the premises of a single-
family or two-family detached dwelling and
shall be for personal use only.

(4) Noperson shall sell eggs or engage in chicken breeding or any commercial
activity related to the keeping of chickens.

(5) Chickens shall not be permitted to roam free. Chickens shall be secured in a coop
during non-daylight hours.

ORDINANCE O-18-019

(6)

(7)

(8)

(9)
(10)

(11)

3.

A coop must be provided for the chickens. A coop is a roofed structure enclosed
on all sides which protects the chickens from the weather, rodents and wild and
domestic animals. Coops must meet the following standards:

(a) The coop must have a minimum of three (3) square feet of floor space per
chicken if a run is provided. A minimum of ten (10) square feet of floor
space per chicken in the coop is required if no run is provided. Each
chicken must have a total available ground space (including coop and run,
if any) of at least 10 square feet per chicken.

(b) The coop must provide roosting space off the floor of one (1) foot of roost
space per chicken.

(c) The coop must provide adequate ventilation, be kept in a neat and sanitary
condition at all times, and in a manner that will not disturb neighboring
lots due to noise, odor or other adverse impact.

(d) The maximum height for a coop is eight (8) feet measuring from the
ground to the top of the structure.

(e) The materials used in building the coop shall be uniform for each element
of the structure.

An enclosed run is permitted. A run is a fenced area outside the coop. An
enclosed run is completely bound on all sides, including overhead, by a fence,
cage or wire. An enclosed run must be attached to the coop. The maximum height
for an enclosed run is feet measuring from the ground to the top
of the structure. A run shall be kept in a neat and sanitary condition at all times,
and in a manner that will not disturb neighboring lots due to noise, odor or other
adverse impact.

The coop and any run must be located in side or rear yards and

All feed supplies must be kept in rodent-proof containers.

All stored manure shall be covered by a fully enclosed structure or container. No
more than three (3) cubic feet of manure shall be stored.

All manure not used for composting or fertilizing, waste material (including but
not limited to spent feed, litter, and waste eggs) and dead chickens shall be

properly and promptly removed from the property.”

In Part II “General Legislation”, Chapter 190 “Land Use”, Article XLII

“Definitions”, Section 190-264 “Definitions”, add the following two new definitions in the
appropriate alphabetical order:

“CHICKEN — the common domestic fowl, Gallus Domesticus.

POULTRY -— Domesticated fowl commonly raised or kept for eggs or meat.”

ORDINANCE O-18-019

4. In Part II “General Legislation”, Chapter 93 “Animals”, Article I “Rules for
Keeping Animals”, shall be amended by adding the new underlined language as follows:

Ҥ93-3. Keeping and Housing Animals.

Exceptfer-chickens-as-defined inSection 190264 +t shall be unlawful for any person, whether
as owner, baittee-keeper or custodian, to keep and house any animal in any-an accessory structure

in an unsanitary manner that presents an imminent hazard to public health, as determined by the
health officer or designee.

§93-2. Animals at large forbidden; penalty; impoundment.

A. No chicken or fowl as defined in Section 190-264, sheep, swine, horses, mules, asses,
oxen, cows or other cattle shall be permitted to go at large in any street, highway, lane,
alley, common, square or other public place within the city.

B. Any person permitting a violation of this section shall be punished as provided in section
1-9,
C. Any person finding any such creature going at large may either impound and detain the

same until penalty and cost of impounding shall be paid, or may make complaint against
the person permitting such creature to go at large, and the penalty shall be imposed by the
court having jurisdiction.

D. The term “at large” means off the premises of the owner or keeper, and not under lead,
leash or other physical restraint.

§93-6. Impoundment of dogs, cats, chickens and ferrets found at large.
A. The Dog Officer or other authorized person shall take into custody and impound:

(1) — Any dog off the premises of its owner which the Dog Officer or other authorized
person has reason to believe is a stray dog;

(2) — Any dog off the premises of the owner of the dog without a current registration
tag on his collar-and

(3) Any female dog in heat and off the premises of the owner;_and

(4) Any chicken off the premises of the owner.

ORDINANCE O-18-019

L.

If any dog, cat, chieken-or ferret seized wears a collar or harness to which is attached a
registration tag, or if the owner is otherwise known, the Dog Officer or other authorized
person shall forthwith serve on the owner a notice in writing stating that the dog, cat,
ferret er-chicken-has been seized and will be liable to be disposed of or destroyed if not
claimed within seven days after the serving of notice. Notice may be served either by
giving it to such person or by leaving it at the person's usual or last known place of
abode, as determined by the registration tag or other available information.

No dog, cat, or ferret shall be released or removed from confinement until the owner has
provided proof that the dog, cat, or ferret is currently vaccinated against rabies, and all
applicable license, board, and care fees have been paid. If the owner does not have proof
that the dog, cat, or ferret is currently vaccinated against rabies, then the owner may post
a $25 cash bond with the Dog Officer or other authorized person to secure the release of
the dog, cat, or ferret in order for the owner to obtain a rabies vaccination for the dog, cat,
or ferret, If, within 72 hours of the dog, cat, or ferret's release the owner provides proof to
the Dog Officer or other authorized person of obtaining a rabies vaccination for the dog,
cat, or ferret, then the owner shall be refunded the full bond amount. No-chieker shail be

When a seized dog, cat, ehicken-or ferret has been detained for seven days after seizure,
with due notice given as prescribed, and the owner has not claimed the dog, cat, chicken
or ferret, provided proof that the dog, cat, or ferret is currently vaccinated against rabies,
procured a current license or exhibited evidence of a current license if necessary, and
paid all applicable license, board, and care fees, the Dog Officer or other authorized
person may cause the dog, cat, chicken- or ferret to be destroyed in the least painful
manner possible.

The Dog Officer or other authorized person may keep or cause to be kept in confinement
any dog, cat, ¢hicken-or ferret which, in that person's opinion, may be valuable or
acceptable to new ownership, and see that such dog, cat, ehieken-or ferret is placed in a
new home. In order to expedite this alternative, the Dog Officer or other authorized
person shall make available to the public, monthly, a list by number and other reference
of dogs, cats, chickens-and ferrets available. Those persons desiring to procure said dogs,
cats, c¢hiekens-or ferrets may do so by application to the Dog Officer or other authorized
person and payment of applicable adoption and licensing fees.

No dog, cat, ehicken-or ferret which the Dog Officer or other authorized person has taken
into custody for a second offense shall be released unless the person to whom the dog,
cat, chicken-or ferret is released pays a penalty of $25, as allowed by RSA 466:39, in
addition to meeting all other requirements of this section. If said penalty is not paid
within seven days after the dog, cat, chickes-or ferret is taken into custody, the dog, cat,
ehicken-or ferret may be destroyed in the least painful manner possible.”

If any chicken seized wears-a-collar or harness to which is attached 2 has registration
owner identification, a band or tag, tae or if the owner is otherwise known, the Dog

ORDINANCE O-18-019

Officer or other authorized person shall forthwith serve on the owner a notice in writing
stating that the chicken has been seized and will be liable to be disposed of or destroyed if
not claimed within seven days after the serving of notice. Notice may be served either by
giving it to such person or by leaving it at the person's usual or last known place of

abode, as determined by the registration tasidentification or other available information.

i. No chicken shall be released or removed from confinement until all applicable board; and
care fees have been paid.

iil. When a seized chicken has been detained for seven days after seizure, with due notice
given as prescribed in this section G-; and the owner has not claimed the chicken; and paid all
applicable fees, the dDog eOfficer or other authorized person may cause the chicken to be
destroyed in the least painful manner possible.

The Dog Officer or other authorized person may keep or cause to be kept in confinement any
chicken which, in that person's opinion may be valuable or acceptable to new ownership, and see
that such chicken is placed in anew home. In order to expedite this alternative, the Dog Officer
or other authorized person shall make available to the public, monthly, a list by number and other
reference of chickens available. Those persons desiring to procure said chickens may do so by
application to the Dog Officer or other authorized person and payment of applicable adoption
fees.

iv. No chicken which the Dog Officer or other authorized person has taken into custody for a
second offense shall be released unless the person to whom the chicken is released pays a penalty
of $25, as allowed by RSA 466:39, in addition to meeting all other requirements of this section.
If said penalty is not paid within seven days after the chicken is taken into custody, the chicken
may be destroyed in the least painful manner possible or placed in a new home as described in
this section G.

All other ordinances or parts of ordinances inconsistent herewith are hereby repealed.

This ordinance shall become effective immediately upon passage.

LEGISLATIVE YEAR 2018

ORDINANCE: O-18-019

PURPOSE: Amending the Land Use Code by adding provisions regarding
urban chickens

ENDORSER(S): Alderwoman-at-Large Shoshanna Kelly
COMMITTEE
ASSIGNMENT:
FISCAL NOTE: None.
ANALYSIS

This legislation amends the City’s Land use Code by adding provisions regarding urban
chickens.

State statute (RSA 675:2) and NRO Section 190-132 require a public hearing and referral to the
city planning board. The public hearing is conducted by the aldermanic planning and economic
development committee with notice published in a newspaper of general circulation and posted
in two public places at least 10 calendar days prior to the date of the hearing. The notice period
does not include the day notice is posted or the day of the public hearing. (RSA 675:7, I) Under
RSA 676:12 and NRO Section 105-3, no building permit may be issued after the legal notice has
been posted if the proposed changes would, if adopted, justify refusal of the permit. This
limitation applies for a period of 120 days.

Approved as to form: Office of Corporation Counsel

By:

Date:

THE CITY OF NASHUA ‘The Cate City"

Economic Development

To: Lori Wilshire, President
From: Tim Cummings, Director of Economic Development

Ce: Board of Aldermen
Date: December/2018

Re: Communication Notification of PAC Steering Committee’s Recommendation(s)

lam writing to you in regards to R-17-122, “Establishing a Performing Arts Center Steering Committee”
where in paragraph (a) the committee is charged with making recommendations to the Mayor and Board
of Aldermen.

It is recommended that the Mayor and his administration enter into contracts with the following:
Architect: ICON Architecture (w/ their proposed partner OT] Architects)

Operator: Spectacle Management

Construction Management: Harvey Construction

These contracts need to follow the city’s customary approval process and the Board of Aldermen
approval will be sought in the coming weeks.

On a parallel course and in tandem with the above actions unfolding I would be delighted to appear before
the Planning and Economic Development Committee (“PEDC”) to provide the Board and the general
public with a more in-depth presentation on the process and how the following recommendations where
derived.

Thank you.