11-820.04. Backyard fowl regulation; prohibition; exceptions; state preemption; definition
279 words·~1 min read·
/az/title-11/11-820-04A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
A. A county may not adopt any law, ordinance or other regulation that prohibits a resident of a single-family detached residence on a lot that is one-half acre or less in size from keeping up to six fowl in the backyard of the property. A county may:
1. Prohibit a resident from keeping male fowl, including roosters.
2. Require fowl to be kept in an enclosure located in the rear or side yard of the property at least twenty feet from a neighboring property and restrict the size of the enclosure to a maximum of two hundred square feet with a maximum height of eight feet.
3. Require the enclosure to be maintained and manure picked up and disposed of or composted at least twice weekly.
4. Require that composted manure be kept in a way that prevents migration of insects.
5. Require water sources with adequate overflow drainage.
6. Require that feed be stored in insect-proof and rodent-proof containers.
7. Prohibit fowl from running at large.
B. Notwithstanding subsection A of this section, a county shall enact an ordinance that requires an enclosure located in a residential community on a lot less than one acre in size to be shorter than the fence line of the property.
C. An ordinance that is enacted after September 14, 2024 does not apply to an enclosure that was constructed on or before September 14, 2024.
D. The property rights of property owners in this state outlined in this section are of statewide concern. This section preempts all local laws and ordinances to the contrary.
E. For the purposes of this section, "fowl" means a cock or hen of
the domestic chicken.