The Kearney Board of Aldermen on Monday approved an ordinance amending Chapter 205 of the municipal code to permit the keeping of backyard hens on single-family lots at least one-half acre in size.
The measure, returned to the board after prior public discussion and a legal opinion, changes the earlier recommendation of a one-quarter-acre minimum to a one-half-acre threshold and clarifies that the ordinance applies only to lots containing single-family houses. Supporters said it responds to constituent requests to raise their own food; opponents raised nuisance and enforcement concerns.
David Pavlich, the city’s community development director, told the board the updated text reflects a legal clarification from the city attorney: the ordinance applies only to lots with single-family dwellings and therefore would not reach common open-space parcels. Pavlich also presented an analysis of parcel sizes in R-1 zoning, saying there are roughly 3,700 R-1 parcels in the city and that “over a quarter acre would be about half of the single-family lots,” while properties over a half acre number roughly 256 parcels, or under 10 percent of those R-1 parcels.
Alderman Spencer read the ordinance’s nuisance provision aloud and emphasized its intent to hold the chicken owner accountable: “the keeping of hens shall not create a nuisance, including, excessive noise,” she said, adding that if dogs were not previously a problem, noise caused by new hens should be addressed as the hen owner’s responsibility. Other members said the city attorney had told them that the owner of a barking dog could also be subject to nuisance enforcement depending on circumstances.
Several board members raised enforcement and funding questions. One alderman argued the city’s animal-control officer will be responsible for regulation and recommended a permit and fee to cover that officer’s time; another alderman said he did not favor a permit fee and hoped the city would not require a permit for residents keeping a small number of hens.
The ordinance was read by title and approved on first and second readings. A motion to approve carried unanimously on second reading with the board recording aye votes from Alderman King, Alderman Holt, Alderman Lehman and Alderman Spencer.
The ordinance amendment takes effect in accordance with the city’s usual ordinance-adoption timeline. The board did not adopt a separate permit-fee structure as part of this ordinance; enforcement practice and any fee proposal would be addressed separately if the board chooses to pursue them.