Town Council holds second reading of agriculture ordinance

At the April 4 Thermopolis Town Council meeting held at Town Hall, Mayor Adam Estenson during citizen participation brought up the second reading of the Limited Urban Agriculture ordinance. Town Attorney Marshal Keller read the ordinance to the public.

Next, Mayor Estenson asked for public comments. The main proponent of the ordinance, Darren Butcher, requested some amendments that would make the ordinance based on his original model and research. First, he asked that the two species limit be removed, so that all listed species could be an option to the resident. Second, he asked that the maximum number of animals be 14 instead of 10, but limited the number of fowl animals to 10. This would allow a greater variety or combination of animals. 

John Roden, who gave his concerns about the new ordinance, said, “I’ve had a personal experience in a residential setting, living next to chickens and ducks in Casper. And wisely, the council outlawed chickens and ducks there.” Roden added that there was an allowance for the animals if there were 4-H kids involved.

Roden continued, “So one morning I woke up the chickens and ducks and over the course of two summers, a winter, a fall, the smell was unbelievable. I couldn’t even open the windows on my house next to that property. Sometimes the smell would even come around the front of the house. The flies were unbelievable. Now, I filed some complaints. I talked to the owners about it several times. They just didn’t seem to want to do anything about it. But I talked to Metro. You have to go through a three-time deal like you guys have here. They finally had to get rid of them. Everything’s back to normal down here now. But I think you guys are opening up a can of worms here that could be a big nuisance.” Roden also recommended that the neighbors on each side of a proposed residence with animals grant permission for it.

Council member Dusty Lewis responded to Roden and referred to the nuisance violations procedures written into the new ordinance as a possible solution and how to address the matter of smell. Mayor Estenson also reminded the council that they will revisit this subject in one year to review it and see if it was successful or not.  

The council voted and passed unanimously the approval of the proposed amendments presented by Butcher. The council also voted and passed unanimously the second reading of the ordinance. The third reading of the ordinance will be at the next town council meeting. If the council votes and passes it on that third reading, the ordinance will become official in the town code.

Also in citizen participation, Toddi Darlington and Brad Becerra, from the Big Horn Basin Nature and Discovery Center (BHBNDC) board, presented to the council their request for the Town to sponsor their TAP Grant with WYDOT. They said to the council there would be no cost to the Town for it and that they are seeking Town’s help to allow a simultaneous grant with the Hot Springs County Commissioners to go forward.

Ardurra Engineer Ginger Brown and architect Kyle Gillette were also present with the BHBNDC members to show the council plans and architectural schematics of their proposed construction. There are two phases to the construction. Phase 1 reaches the limit of $500,000 for the first TAP grant, and Phase 2 would be applied later in the following year to finish out and fund its completion. 

Darlington and Becerra asked for a letter of intent from the council to move forward with their plans. The council voted and unanimously passed the approval to sign the letter of intent and sponsor the project. 

Next, Brad Becerra, on behalf of the VFW, presented an idea to the council about having special veteran flags posted on a variety of poles throughout the town. These flags would feature photos of the veterans, their names, and where and when they served. Becerra said that if the council showed interest in this, he could come back later with more specific information in a proposal and ask for a motion for approval at that time. The mayor and council said that Becerra could do that and get on the agenda later when he is ready.

Town Attorney Marshall Keller presented a resolution to the council for the Hot Springs County Water Supply Joint Powers Board that would allow the Town of Thermopolis to join the board at the same time the potential Red Lane Water District is successfully formed and also ready to join the board. Mayor Estenson also asked that the council give $3,000 to the board, and he noted that the other members gave $1,000 and that Hot Springs County gave $5,000. Estensen said this amount would “hold out a place as one of the bigger contributors here.” Town Clerk/Treasure Tracey Van Hullie said that this money would be taken from the enterprise fund. The council voted and passed unanimously the approval of the resolution.

Full language of the Limited Urban Agriculture ordinance on its Second Reading is as follows:

NOW THEREFORE, BE IT ORDAINED BY THE GOVERNING BODY OF THE TOWN OF THERMOPOLIS:

Sec. 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.

Sec. 2 Exception for keeping of chickens within Town limits: A. A total of up to ten (10) chickens are allowed. B.All chickens must be kept behind a six foot (6ft) fenced perimeter. C. 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.  This ordinance shall not preclude any structures authorized by another section of the Town code. D. All pen, run, housing or coops must be offset from the property line by five feet (5’) minimum from the property boundary. E. A minimum of 4 square feet of space per bird is required to keep chickens. F. No roosters over the age of four (4) months is allowed within Town limits.

Sec. 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.

Sec. 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 five feet (5’). G. Pens and housing for the goats are not allowed to be kept in front yards. H. Loud or screaming goats must be quieted or removed from the Town limits within the same twenty-four (24) hours of the owner being notified.

Sec. 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”).

Sec. 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.

Sec. 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.

Sec. 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.

Sec. 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. 

Sec. 10 Only two (2) species can be permitted and allowed on one property.  Only a total of ten (10) animals described in the above livestock exceptions are allowed on one property within the town limits.

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