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Proposed Pet Definition Resolution November 2025
Legal Authority
CC&Rs (March 2019):
- Section 10(j): Board authority to promulgate reasonable rules
- Section 6(e)(15): “Only domestic pets, as defined by the Board, are allowed… No pets, animals, livestock or poultry of any kind shall be bred in, on, or about any Lot.”
- Section 6(e)(2): Prohibits nuisances including unsanitary conditions, odors, and conditions that diminish community enjoyment
- Section 21: Board authority to levy fines for violations
Rules & Regulations (2024), Section 15(g): Board discretion to define domestic pets and establish standards
Utah Code §57-8a-218 & §57-8a-208: HOA authority to establish rules and levy fines
South Jordan City Code, Title 6, Chapter 10: Urban chicken permit requirements, coop placement, rodent-proof feed storage, and nuisance prohibitions
Board Interpretation: Chickens maintained in full compliance with this resolution are classified as domestic pets. This does not extend to roosters or other poultry/livestock.
Requirements for ALL Chicken Owners
Mandatory Approval Process
New Owners: Must submit ARC application BEFORE acquiring chickens, including:
- Valid South Jordan Urban Chicken Permit
- Site plan with coop placement (25 ft minimum from neighboring dwellings)
- Photos/drawings of coop design
- Proof of rodent-resistant feed containers
Current Owners: Have 60 days from adoption to submit application and achieve compliance. Failure to apply = unauthorized ownership subject to immediate enforcement.
Non-Negotiable Standards
Feed Management (Critical for Rodent Prevention):
- All feed stored in sealed, rodent-proof metal or heavy-duty plastic containers
- No spread feeding—only contained feeders
- Uneaten feed/scraps removed daily before dusk
- Feed containers secured inside overnight
- Zero accessible feed left for wildlife/pests
Waste Management:
- Weekly minimum coop/run cleaning (more if needed for odor/pest prevention)
- Waste properly composted in sealed containers or immediately disposed in secure trash
- No waste accumulation or nuisance odors
Containment:
- Chickens secured in coop/run from dusk to dawn
- Daytime free-ranging only with active owner supervision within property boundaries
- Structurally sound coops preventing escape
Property Maintenance:
- Clean, sanitary, visually acceptable condition
- No odors detectable beyond property line
- Coop materials/colors matching dwelling exterior
- South Jordan City setback compliance
Hard Limits
- Personal use only—no commercial sales or breeding
- No roosters under any circumstances
- Maximum hens per South Jordan City Code (currently up to 6 based on lot size)
- No visible/audible slaughter or processing
Inspection Rights
- Board may request photos of conditions at any time
- On-site inspections with 48 hours notice (emergency exceptions)
- Failure to permit inspection = violation
Enforcement
Two years of voluntary compliance failed. Progressive enforcement with real consequences:
FIRST VIOLATION:
- Written warning with 14-day cure period
- No fine if corrected within 14 days
SECOND VIOLATION:
- $50/day fine after cure period expires
- Required inspection (at owner’s expense if non-compliant)
- Additional 14-day cure period
THIRD VIOLATION OR CONTINUED NON-COMPLIANCE:
- $100/day fine until compliance
- Clubhouse/pool privileges suspended for entire household
- Possible 24-month revocation of chicken ownership after Board hearing
IMMEDIATE HEALTH HAZARDS:
- 24-48 hour correction deadline
- Possible temporary chicken removal
- No cure period—fines begin immediately
- Board may abate nuisance and charge all costs to owner
FINANCIAL CONSEQUENCES: All fines and costs are collectible as assessments under CC&Rs:
- Unpaid amounts create a lien on the property (superior to homestead exemptions)
- Association may foreclose the lien
- Owner liable for all collection costs, attorney fees, and interest
Notice & Hearing Rights: Owners receive written notice of violations and may request a Board hearing per Utah Code §57-8a-208. Board decisions after proper hearing are final.
Transition Period for Existing Owners
- 60 days: Register with ARC and submit application
- 90 days: Complete physical improvements to achieve full compliance (with approved plan submitted in first 60 days)
- No fines during transition for good-faith compliance efforts
- Full enforcement begins for all owners after 90 days
Support for Compliance
The Board wants you to succeed:
- Sample compliance photos and diagrams available
- Vendor referrals for rodent-proof containers and compliant coops
- Educational materials from South Jordan City
- Guidance available throughout approval process
Contact [Management Company] with questions before, during, and after approval.
Available at ivorycrossinghoa.org and through HOA Strategies.
