Riverhead considers banning roosters and regulating chicken coops on residential properties

Riverhead Town officials are considering banning roosters on residential properties in the town.

The draft code would also prohibit the sale or offering for sale of eggs produced by the hens kept in backyard hen houses and coops. The keeping of domesticated fowl is for noncommercial use only, the code states. No breeding or sale of fowl or eggs is allowed without prior town approvals.

The draft code discussed at last week’s work session would regulate the design, placement and maintenance of coops, henhouses and pens.

The code would exempt an owner or tenant engaged in agricultural production and farm operations as defined by town code.

The town has had “numerous complaints” about roosters in residential areas, according to Council Member Tim Hubbard, who brought the proposal to the Town Board at last week’s work session.

“A lot of people are putting chickens in their yard for their own eggs. And that’s awesome. That’s great. But you don’t need a rooster to have a chicken lay eggs,” Hubbard said. “And unfortunately, the rooster knows not much difference other than when the sun starts to come up, he’s got to squawk and make noise. And in a neighborhood or residential area, that’s not absolutely the best thing we can have,” Hubbard said.

He said he worked with code enforcement and the town attorney’s office to come up with the draft code.

All domesticated fowl — chickens, ducks, turkeys, geese and peacocks — would be required to be kept in “an approved hen house or coop” which must be enclosed on all sides and the top.

“No person shall maintain keep or possess any domesticated fowl which are not maintained in an approved hen house or coop,” according to the draft.

The henhouse, coop and pen must meet all setback and side yard requirements of the zoning district in which the property is located and cannot be less than 20 feet from any adjoint property line.

The hen house or coop and enclosed pen can be no larger than 200 square feet. Any hen house or coop in excess of 50 square feet may require a permit as an accessory structure.

A coop or hen house must provide a minimum of 2 square feet per bird and a pen must provide no less than 4 square feet per chicken.

All hen houses would be required to have an attached enclosed pen.

The draft code would allow up to 10 domesticated fowl per hen house or coop.

The draft code requires all hen houses, coops and pens to be cleaned once a day and requires all feed and fowl refuse to be stored in metal containers that are securely covered with metal covers.

Pre-existing nonconforming hen houses and pens would have six months to conform to the standards of the new code. The ban on roosters would take effect immediately.

Violations of the code are punishable by fines of up to $500 dollars for the first offense, up to $1,000 dollars for the second offense committed within five years of the first offense, and up to $2,500 dollars for the third and subsequent offense committed within five years of the first offense.

The code would also authorize the town attorney to seek penalties of up to $500 per day and to bring an action to compel compliance with the code or to obtain an injunction.

Supervisor Yvette Aguiar asked if nearby towns have similar restrictions and ban roosters.

Town Investigator Rich Downs said Brookhaven and Huntington ban roosters. The other East End towns do not, he said.

“This is designed to target residential properties, where the primary use is a single-family residence or two-family home neighborhoods,” Town Attorney Erik Howard said.

Aguiar suggested the code include a distance exception because some residential properties are actually a great distance from others in a rural town like Riverhead.

Council Member Bob Kern asked the town attorney to reach out to the Farm Bureau and the town’s agricultural advisory committee to get their reactions to the draft code.