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- i - Senate Engrossed House Bill backyard fowl; regulation; prohibition State of Arizona House of Representatives Fifty-sixth Legislature Second Regular Session 2024 HOUSE BILL 2325 AN ACT AMENDING TITLE 9, CHAPTER 4, ARTICLE 6.1, ARIZONA REVISED STATUTES, BY ADDING SECTION 9-462.10; AMENDING TITLE 11, CHAPTER 6, ARTICLE 2, ARIZONA REVISED STATUTES, BY ADDING SECTION 11-820.04; RELATING TO MUNICIPAL AND COUNTY ZONING. (TEXT OF BILL BEGINS ON NEXT PAGE) H.B. 2325 - 1 - Be it enacted by the Legislature of the State of Arizona: 1 Section 1. Title 9, chapter 4, article 6.1, Arizona Revised 2 Statutes, is amended by adding section 9-462.10, to read: 3 9-462.10. Backyard fowl regulation; prohibition; exceptions; 4 state preemption; definition 5 A. A MUNICIPALITY MAY NOT ADOPT ANY LAW, ORDINANCE OR OTHER 6 REGULATION THAT PROHIBITS A RESIDENT OF A SINGLE-FAMILY DETACHED RESIDENCE 7 ON A LOT THAT IS ONE-HALF ACRE OR LESS IN SIZE FROM KEEPING FOWL IN THE 8 BACKYARD OF THE PROPERTY. A MUNICIPALITY MAY: 9 1. PROHIBIT A RESIDENT FROM KEEPING MALE FOWL, INCLUDING ROOSTERS. 10 2. REQUIRE FOWL TO BE KEPT IN AN ENCLOSURE LOCATED IN THE REAR OR 11 SIDE YARD OF THE PROPERTY AT LEAST FIFTEEN FEET FROM A NEIGHBORING 12 DWELLING AND RESTRICT THE SIZE OF THE ENCLOSURE TO A MAXIMUM OF TWO 13 HUNDRED SQUARE FEET WITH A MAXIMUM HEIGHT OF EIGHT FEET. 14 3. REQUIRE THE ENCLOSURE TO BE MAINTAINED AND MANURE PICKED UP AND 15 DISPOSED OF OR COMPOSTED AT LEAST TWICE WEEKLY. 16 4. REQUIRE THAT COMPOSTED MANURE BE KEPT IN A WAY THAT PREVENTS 17 MIGRATION OF INSECTS. 18 5. REQUIRE WATER SOURCES WITH ADEQUATE OVERFLOW DRAINAGE. 19 6. REQUIRE THAT FEED BE STORED IN INSECT-PROOF AND RODENT-PROOF 20 CONTAINERS. 21 7. PROHIBIT FOWL FROM RUNNING AT LARGE. 22 B. NOTWITHSTANDING SUBSECTION A OF THIS SECTION, A MUNICIPALITY 23 SHALL ENACT AN ORDINANCE THAT REQUIRES AN ENCLOSURE LOCATED IN A 24 RESIDENTIAL COMMUNITY ON A LOT LESS THAN ONE ACRE IN SIZE TO BE SHORTER 25 THAN THE FENCE LINE OF THE PROPERTY. 26 C. THE PROPERTY RIGHTS OF PROPERTY OWNERS IN THIS STATE OUTLINED IN 27 THIS SECTION ARE OF STATEWIDE CONCERN. THIS SECTION PREEMPTS ALL LOCAL 28 LAWS, ORDINANCES AND CHARTER PROVISIONS TO THE CONTRARY. 29 D. FOR THE PURPOSES OF THIS SECTION, "FOWL" MEANS A COCK OR HEN OF 30 THE DOMESTIC CHICKEN. 31 Sec. 2. Title 11, chapter 6, article 2, Arizona Revised Statutes, 32 is amended by adding section 11-820.04, to read: 33 11-820.04. Backyard fowl regulation; prohibition; exceptions; 34 state preemption; definition 35 A. A COUNTY MAY NOT ADOPT ANY LAW, ORDINANCE OR OTHER REGULATION 36 THAT PROHIBITS A RESIDENT OF A SINGLE-FAMILY DETACHED RESIDENCE ON A LOT 37 THAT IS ONE-HALF ACRE OR LESS IN SIZE FROM KEEPING FOWL IN THE BACKYARD OF 38 THE PROPERTY. A COUNTY MAY: 39 1. PROHIBIT A RESIDENT FROM KEEPING MALE FOWL, INCLUDING ROOSTERS. 40 2. REQUIRE FOWL TO BE KEPT IN AN ENCLOSURE LOCATED IN THE REAR OR 41 SIDE YARD OF THE PROPERTY AT LEAST FIFTEEN FEET FROM A NEIGHBORING 42 DWELLING AND RESTRICT THE SIZE OF THE ENCLOSURE TO A MAXIMUM OF TWO 43 HUNDRED SQUARE FEET WITH A MAXIMUM HEIGHT OF EIGHT FEET. 44 H.B. 2325 - 2 - 3. REQUIRE THE ENCLOSURE TO BE MAINTAINED AND MANURE PICKED UP AND 1 DISPOSED OF OR COMPOSTED AT LEAST TWICE WEEKLY. 2 4. REQUIRE THAT COMPOSTED MANURE BE KEPT IN A WAY THAT PREVENTS 3 MIGRATION OF INSECTS. 4 5. REQUIRE WATER SOURCES WITH ADEQUATE OVERFLOW DRAINAGE. 5 6. REQUIRE THAT FEED BE STORED IN INSECT-PROOF AND RODENT-PROOF 6 CONTAINERS. 7 7. PROHIBIT FOWL FROM RUNNING AT LARGE. 8 B. NOTWITHSTANDING SUBSECTION A OF THIS SECTION, A COUNTY SHALL 9 ENACT AN ORDINANCE THAT REQUIRES AN ENCLOSURE LOCATED IN A RESIDENTIAL 10 COMMUNITY ON A LOT LESS THAN ONE ACRE IN SIZE TO BE SHORTER THAN THE FENCE 11 LINE OF THE PROPERTY. 12 C. THE PROPERTY RIGHTS OF PROPERTY OWNERS IN THIS STATE OUTLINED IN 13 THIS SECTION ARE OF STATEWIDE CONCERN. THIS SECTION PREEMPTS ALL LOCAL 14 LAWS AND ORDINANCES TO THE CONTRARY. 15 D. FOR THE PURPOSES OF THIS SECTION, "FOWL" MEANS A COCK OR HEN OF 16 THE DOMESTIC CHICKEN. 17