This bill generally prohibits a county or municipality from adopting or enforcing a regulation that prohibits the growing of fruits and vegetables, or the raising or keeping of six or fewer chickens or six or fewer adult rabbits, on a single-family residential lot. However, this bill authorizes a county or municipality to impose reasonable regulations on the growing of fruits and vegetables on a single-family residential lot that do not have the effect of prohibiting the growing of the fruits or vegetables in the front, side, or rear yard of a residence, including the following:
(1) A requirement that the growing area be maintained in good condition if visible from the street faced by the lot or from an adjoining lot; and
(2) A requirement for the trimming or removal of a tree as necessary for the maintenance of a utility easement.
This bill also authorizes a county or municipality to impose reasonable regulations on the raising or keeping of chickens or rabbits on a single-family residential lot to control odor, noise, safety, or sanitary conditions that do not have the effect of prohibiting the raising or keeping of the chicken or rabbits, including:
(1) A limit on the number of chickens or rabbits that is more than the minimum number mentioned above;
(2) A prohibition on raising or keeping of a rooster;
(3) The minimum distance between an animal shelter and a residential structure other than the animal owner's own residence;
(4) A requirement for fencing or shelter sufficient to contain the chickens or rabbits on the owner's property;
(5) Minimum requirements for combined housing and outdoor space of at least 20 square feet per chicken and nine square feet per rabbit;
(6) A requirement to address sanitary conditions in a manner that prevents accumulation of animal waste in a quantity sufficient to create an offensive odor or the attraction of pests; or
(7) A requirement that the chickens or rabbits may only be kept in the side or rear yard of a residence.
This bill clarifies that the provisions above do not apply to a condominium unit and that a regulation adopted by a county or municipality that violates this bill is void.