Pet Definition Resolution

202


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.