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- i - Conference Engrossed 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 UP TO SIX FOWL 8 IN THE 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 TWENTY FEET FROM A NEIGHBORING PROPERTY 12 AND RESTRICT THE SIZE OF THE ENCLOSURE TO A MAXIMUM OF TWO HUNDRED SQUARE 13 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. AN ORDINANCE THAT IS ENACTED AFTER THE EFFECTIVE DATE OF THIS 27 SECTION DOES NOT APPLY TO AN ENCLOSURE THAT WAS CONSTRUCTED ON OR BEFORE 28 THE EFFECTIVE DATE OF THIS SECTION. 29 D. THE PROPERTY RIGHTS OF PROPERTY OWNERS IN THIS STATE OUTLINED IN 30 THIS SECTION ARE OF STATEWIDE CONCERN. THIS SECTION PREEMPTS ALL LOCAL 31 LAWS, ORDINANCES AND CHARTER PROVISIONS TO THE CONTRARY. 32 E. FOR THE PURPOSES OF THIS SECTION, "FOWL" MEANS A COCK OR HEN OF 33 THE DOMESTIC CHICKEN. 34 Sec. 2. Title 11, chapter 6, article 2, Arizona Revised Statutes, 35 is amended by adding section 11-820.04, to read: 36 11-820.04. Backyard fowl regulation; prohibition; exceptions; 37 state preemption; definition 38 A. A COUNTY MAY NOT ADOPT ANY LAW, ORDINANCE OR OTHER REGULATION 39 THAT PROHIBITS A RESIDENT OF A SINGLE-FAMILY DETACHED RESIDENCE ON A LOT 40 THAT IS ONE-HALF ACRE OR LESS IN SIZE FROM KEEPING UP TO SIX FOWL IN THE 41 BACKYARD OF THE PROPERTY. A COUNTY MAY: 42 1. PROHIBIT A RESIDENT FROM KEEPING MALE FOWL, INCLUDING ROOSTERS. 43 2. REQUIRE FOWL TO BE KEPT IN AN ENCLOSURE LOCATED IN THE REAR OR 44 SIDE YARD OF THE PROPERTY AT LEAST TWENTY FEET FROM A NEIGHBORING PROPERTY 45 H.B. 2325 - 2 - AND RESTRICT THE SIZE OF THE ENCLOSURE TO A MAXIMUM OF TWO HUNDRED SQUARE 1 FEET WITH A MAXIMUM HEIGHT OF EIGHT FEET. 2 3. REQUIRE THE ENCLOSURE TO BE MAINTAINED AND MANURE PICKED UP AND 3 DISPOSED OF OR COMPOSTED AT LEAST TWICE WEEKLY. 4 4. REQUIRE THAT COMPOSTED MANURE BE KEPT IN A WAY THAT PREVENTS 5 MIGRATION OF INSECTS. 6 5. REQUIRE WATER SOURCES WITH ADEQUATE OVERFLOW DRAINAGE. 7 6. REQUIRE THAT FEED BE STORED IN INSECT-PROOF AND RODENT-PROOF 8 CONTAINERS. 9 7. PROHIBIT FOWL FROM RUNNING AT LARGE. 10 B. NOTWITHSTANDING SUBSECTION A OF THIS SECTION, A COUNTY SHALL 11 ENACT AN ORDINANCE THAT REQUIRES AN ENCLOSURE LOCATED IN A RESIDENTIAL 12 COMMUNITY ON A LOT LESS THAN ONE ACRE IN SIZE TO BE SHORTER THAN THE FENCE 13 LINE OF THE PROPERTY. 14 C. AN ORDINANCE THAT IS ENACTED AFTER THE EFFECTIVE DATE OF THIS 15 SECTION DOES NOT APPLY TO AN ENCLOSURE THAT WAS CONSTRUCTED ON OR BEFORE 16 THE EFFECTIVE DATE OF THIS SECTION. 17 D. THE PROPERTY RIGHTS OF PROPERTY OWNERS IN THIS STATE OUTLINED IN 18 THIS SECTION ARE OF STATEWIDE CONCERN. THIS SECTION PREEMPTS ALL LOCAL 19 LAWS AND ORDINANCES TO THE CONTRARY. 20 E. FOR THE PURPOSES OF THIS SECTION, "FOWL" MEANS A COCK OR HEN OF 21 THE DOMESTIC CHICKEN. 22