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HomeMy WebLinkAboutOrdinance 7005Page 1 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Ordinance: 7005 File Number: 2026-1937 AN ORDINANCE TO ALLOW SHEEP WITHIN THE CORPORATE LIMITS OF THE CITY BY AMENDING § 164.04 URBAN AGRICULTURE AND TO ENACT AN EMERGENCY CLAUSE WHEREAS, the City permits miniature goats in residential urban agriculture and miniature sheep are a reasonable and practical addition to consider; and WHEREAS, miniature breeds such as Babydoll Southdown sheep are small, manageable animals that can contribute to urban agriculture through grazing, compostable manure, fiber production, and agricultural education for families and children. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby repeals subsection (D) of § 164.04 (D) Urban Agriculture and enacts a replacement § 164.04 (D) as shown in Exhibit A attached hereto and made a part hereof. Section 2: Emergency Clause. That the City Council of the City of Fayetteville, Arkansas hereby determines that this ordinance should become effective without delay so that citizens may obtain miniature lambs after the birthing season. Therefore, the City Council hereby declares that an emergency exists so that this Ordinance shall become effective immediately after its passage and approval. PASSED and APPROVED on June 2, 2026 Approved: _______________________________ Molly Rawn, Mayor Attest: _______________________________ Kara Paxton, City Clerk Treasurer This publication was paid for by the City Clerk-Treasurer of the City of Fayetteville, Arkansas. Amount Paid: $ 117.04 Docusign Envelope ID: 56E3B042-A1E5-86AB-8350-9E8FDA398C3F Page 1 City of Fayetteville, Arkansas Legislation Text 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 File #: 2026-1937 AN ORDINANCE TO ALLOW SHEEP WITHIN THE CORPORATE LIMITS OF THE CITY BY AMENDING § 164.04 URBAN AGRICULTURE AND TO ENACT AN EMERGENCY CLAUSE WHEREAS, the City permits miniature goats in residential urban agriculture and miniature sheep are a reasonable and practical addition to consider; and WHEREAS, miniature breeds such as Babydoll Southdown sheep are small, manageable animals that can contribute to urban agriculture through grazing, compostable manure, fiber production, and agricultural education for families and children. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby repeals subsection (D) of § 164.04 (D) Urban Agriculture and enacts a replacement § 164.04 (D) as shown in Exhibit A attached hereto and made a part hereof. Section 2: Emergency Clause. That the City Council of the City of Fayetteville, Arkansas hereby determines that this ordinance should become effective without delay so that citizens may obtain miniature lambs after the birthing season. Therefore, the City Council hereby declares that an emergency exists so that this Ordinance shall become effective immediately after its passage and approval. Docusign Envelope ID: 56E3B042-A1E5-86AB-8350-9E8FDA398C3F Mailing address: 113 W. Mountain Street Fayetteville, AR 72701 www.fayetteville-ar.gov CITY COUNCIL MEMO 2026-1937 MEETING OF JUNE 2, 2026 TO: Mayor Rawn and City Council THROUGH: Blake Pennington, Senior Assistant City Attorney FROM: Sarah Moore, Ward 2 Position 1 SUBJECT: An Ordinance to amend § 164.04 Urban Agriculture RECOMMENDATION: Staff recommends amending § 164.04 Urban Agriculture to allow small sheep that do not exceed 24 inches at the withers to be lawful to keep within the corporate limits of the city. BACKGROUND: The City already permits miniature goats in residential urban agriculture, and miniature sheep are a reasonable and practical addition to consider. They are similar in size and care requirements and, in many cases, can create fewer neighborhood concerns. Sheep are generally quieter, less likely to escape, and less likely to damage landscaping or fencing than goats. Miniature breeds such as Babydoll Southdown sheep are small, manageable animals that can contribute to urban agriculture through grazing, compostable manure, fiber production, and agricultural education for families and children. DISCUSSION: Staff recommends amending § 164.04 Urban Agriculture to allow small sheep that do not exceed 24 inches at the withers to be lawful to keep within the corporate limits of the city. BUDGET/STAFF IMPACT: None ATTACHMENTS: 3. Exhibit A - 164.04 Urban Agriculture - Add Small Sheep, 4. 164.04 Urban Agriculture - Add Small Sheep - Red Line, 5. Agenda Request - Council Member Sarah Moore, 6. Council Member Sarah Moore Language Approval Confirmation Docusign Envelope ID: 56E3B042-A1E5-86AB-8350-9E8FDA398C3F 164.04 Urban Agriculture (Fowl, Bees, Sheep & Goats) ……. (D) Goats and Sheep. It shall be lawful to keep goats and sheep within the corporate limits of the city under the following terms and conditions: (1) Allowed goats shall be female dwarf or pygmy goats not weighing more than 85 pounds and no taller than 22.5 inches at the withers (ridge between the shoulder blades). Bucks are not allowed. (2) Allowed sheep shall be small sheep such as Harlequin Sheep, North American Shetland Sheep, Cheviot Sheep, and Babydoll Southdown Sheep that do not exceed 24 inches at the withers. Rams are not allowed. (2) All goats and sheep shall have RFID microchips and be registered with the Fayetteville Animal Services Program. (3) The principal use of the property shall be educational or single-family residential. (4) Goats and sheep shall not be permitted on lots smaller than 10,000 square feet. The minimum number of goats or sheep kept on a lot that is 10,000 square feet and larger shall be two (2). Lots 15,000 square feet and larger shall be allowed up to a maximum number of three (3) goats or sheep. Nursing off- spring may be kept on the property until the age of twelve (12) weeks and shall not be included in the number of goats or sheep allowed. (5) There shall be no onsite slaughter of goats or sheep. (6) Goats and sheep shall be provided with sufficient good and wholesome food and water. (7) All goats and sheep shall have a secure, fenced yard constructed with a minimum area of 200 square feet per goat or sheep and a shelter that is minimum 10 square foot per goat or sheep. Shelters shall be well ventilated and provide protection from the weather including four (4) sides with opening, roof and floor. (8) The shelter shall not be located closer than 50 feet to any residential structure on an adjacent lot, and shall meet the building setbacks of the underlying zoning district. The shelter and fenced yard shall be in the side or rear yard, and are not permitted in the front yard area. (9) The yard must be kept in a neat and sanitary condition at all times, and must be cleaned on a regular basis so as to prevent offensive odors, attraction of flies or vermin, the creation of an environment otherwise injurious to the public health and safety, or that would obstruct the free use of property so as to interfere with the comfortable enjoyment of life or property by members of the neighborhood, city, or other persons. The owner shall provide for the storage and removal of manure. Stored manure to be used for composting shall be fully covered or placed in an enclosure. All manure not used for composting or fertilizing shall be removed and properly disposed. (10) Nothing in this section shall be deemed or construed to prohibit the keeping of goats or sheep within a school property or community garden for the purposes of study or education. Additionally, land owners are permitted to keep goats or sheep in one location for a maximum of two (2) weeks for the purpose of land clearing and the removal of vegetation. (11) The city may further restrict or prohibit the keeping of goats and sheep within residential districts, within a neighborhood or on a particular property if the City Council determines that goat(s) or sheep have created a public nuisance or public health issue. Docusign Envelope ID: 56E3B042-A1E5-86AB-8350-9E8FDA398C3F 164.04 Urban Agriculture (Fowl, Bees, Sheep & Goats) ……. (D) Goats and Sheep. It shall be lawful to keep goats and sheep within the corporate limits of the city under the following terms and conditions: (1) Allowed goats shall be female dwarf or pygmy goats not weighing more than 85 pounds and no taller than 22.5 inches at the withers (ridge between the shoulder blades). Bucks are not allowed. (2) Allowed sheep shall be small sheep such as Harlequin Sheep, North American Shetland Sheep, Cheviot Sheep, and Babydoll Southdown Sheep that do not exceed 24 inches at the withers. Rams are not allowed. (2) All goats and sheep shall have RFID microchips and be registered with the Fayetteville Animal Services Program. (3) The principal use of the property shall be educational or single-family residential. (4) Goats and sheep shall not be permitted on lots smaller than 10,000 square feet. The minimum number of goats or sheep kept on a lot that is 10,000 square feet and larger shall be two (2). Lots 15,000 square feet and larger shall be allowed up to a maximum number of three (3) goats or sheep. Nursing off- spring may be kept on the property until the age of twelve (12) weeks and shall not be included in the number of goats or sheep allowed. (5) There shall be no onsite slaughter of goats or sheep. (6) Goats and sheep shall be provided with sufficient good and wholesome food and water. (7) All goats and sheep shall have a secure, fenced yard constructed with a minimum area of 200 square feet per goat or sheep and a shelter that is minimum 5 10 square foot per goat or sheep. Shelters shall be well ventilated and provide protection from the weather including four (4) sides with opening, roof and floor. (8) The shelter shall not be located closer than 50 feet to any residential structure on an adjacent lot, and shall meet the building setbacks of the underlying zoning district. The shelter and fenced yard shall be in the side or rear yard, and are not permitted in the front yard area. (9) The yard must be kept in a neat and sanitary condition at all times, and must be cleaned on a regular basis so as to prevent offensive odors, attraction of flies or vermin, the creation of an environment otherwise injurious to the public health and safety, or that would obstruct the free use of property so as to interfere with the comfortable enjoyment of life or property by members of the neighborhood, city, or other persons. The owner shall provide for the storage and removal of manure. Stored manure to be used for composting shall be fully covered or placed in an enclosure. All manure not used for composting or fertilizing shall be removed and properly disposed. (10) Nothing in this section shall be deemed or construed to prohibit the keeping of goats or sheep within a school property or community garden for the purposes of study or education. Additionally, land owners are permitted to keep goats or sheep in one location for a maximum of two (2) weeks for the purpose of land clearing and the removal of vegetation. (11) The city may further restrict or prohibit the keeping of goats and sheep within residential districts, within a neighborhood or on a particular property if the City Council determines that goat(s) or sheep have created a public nuisance or public health issue. Docusign Envelope ID: 56E3B042-A1E5-86AB-8350-9E8FDA398C3F CivicClerk No.: 2026-1937 AGENDA REQUEST FORM FOR: Council Meeting of June 2, 2026 FROM: Sarah Moore ORDINANCE OR RESOLUTION TITLE AND SUBJECT: AN ORDINANCE TO ALLOW SHEEP WITHIN THE CORPORATE LIMITS OF THE CITY BY AMENDING § 164.04 URBAN AGRICULTURE APPROVED FOR AGENDA: _______________ ___________________________________ Council Member Sarah Moore Date ___________________________________ _______________ Blake Pennington Date Approved as to form ___________________________________ _______________ Mayor Molly Rawn Date Acknowledgement 05/26/26 Approved via email 05/26/26 Docusign Envelope ID: 56E3B042-A1E5-86AB-8350-9E8FDA398C3F From:Moore, Sarah To:Barnes, Stacy; Pennington, Blake Subject:Re: Ordinance to amend § 164.04 Date:Tuesday, May 26, 2026 9:25:06 AM Attachments:image001.png image002.png This is approved. Learning all the time on this one. Given what was shared with me about sheep having their babies in the Spring and having to put deposits down for them, I am going to plan to walk this on to agenda session today. I had not realized the window that exists for acquiring a sheep from the Spring production and know this one resident in particular is waiting to put down a deposit and the window for those gets harder as we get further into Spring. I would like to save a little time by walking this on to today’s agenda session. Can we please share this entire language out with council and mayor office so that they will have it prior to this afternoon’s meeting? Thank you Sarah Moore Fayetteville City Council, Ward 2 sarah.moore@fayetteville-ar.gov 479.263.6629 Report a concern with SeeClickFix: https://www.fayetteville-ar.gov/4233/Report-a-Concern-with-SeeClickFix Speak up on City projects: https://speakup.fayetteville-ar.gov/ Voice your feedback to the entire Council and Mayor by emailing: agendaitemcomment@fayetteville-ar.gov From: Barnes, Stacy <sbarnes@fayetteville-ar.gov> Date: Tuesday, May 26, 2026 at 8:56 AM To: Moore, Sarah <sarah.moore@fayetteville-ar.gov> Cc: Pennington, Blake <bpennington@fayetteville-ar.gov> Subject: Ordinance to amend § 164.04 Sarah, Attached is the Ordinance to amend § 164.04 and the Agenda Request. I know you already approved the changes on the actual code, so If this meets your approval, please sign and Docusign Envelope ID: 56E3B042-A1E5-86AB-8350-9E8FDA398C3F return to me. Thanks! Stacy Barnes City Attorney Paralegal City of Fayetteville, Arkansas 113 W Mountain St., Suite 302 Fayetteville, AR 72701 T 479.575.8313 | Website | Facebook | Twitter | Instagram | YouTube Docusign Envelope ID: 56E3B042-A1E5-86AB-8350-9E8FDA398C3F Form v1.55 DECEIVE i 6/8/2026 CITY OF /2026 E'V LSE CITY CLERK'S OFFICE Account#: NWCL5004205 Company: CITY OF FAYETTEVILLE-CLERKS OFFI 113 W MOUNTAIN FAYETTEVILLE, AR 72701 Ad number#: 602397 PO #: Matter of: Ord 7005 AFFIDAVIT•STATE OF ARKANSAS 1. Maria Hernandez-Lopez ,do solemnly swear that I am the Legal Clerk of the NWA Democrat Gazette,a daily newspaper printed and published in WASHINGTON/BENTON county,State of ARKANSAS;that I was so related to this publication at and during the publication of the annexed legal advertisement in the matter of: Ord 7005 Pending in the court,in said County.and at the dates of the several publications of said advertisement stated below,and that during said periods and at said dates,said newspaper was printed and had a bona fide circulation in said County, that said newspaper had been regularly printed and published in said county,and had a bona tide circulation therein for the period of one month before the date of the first publication of said advertisement;and that said advertisement was published in the regular daily issues of said newspaper as stated below. And that there is due or has been paid the NWA Democrat Gazette for publication the sum of$117.04. (Includes$0.00 Affidavit Charge). NWA Democrat Gazette 06/07/26;NWA nwaonline.com 06/07/26 (14/t144/.1 ���luuiiinrrr� G,l BRAS ly Legal C State of ARKANSAS,County of Sebastian , _ > r e < Subscribed and sworn to before me on this 8th day of June, 2026 P(J BO' do NOT ZY PUBLIC Ordinance:7005 File Number: 2026-1937 AN ORDINANCE TO ALLOW SHEEP WITHIN THE CORPORATE LIMITS OF THE CITY BYAMEND- ING§164.04 URBAN AGRICUL- TURE AND TO ENACT AN EMERGENCY CLAUSE WHEREAS,the City permits miniature goats in residential urban agriculture and miniature sheep are a reasonable and practical addition to consider, and WHEREAS,miniature breeds such as Babydoll Southdown sheep are small,manageable • animals that can contribute to urban agriculture through graz- ing,compostable manure,fiber production,and agricultural ed- ucation for families and chil- dren. NOW,THEREFORE,BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1:That the City Coun- cil of the City of Fayetteville, Arkansas hereby repeals sub- section (D) of § 164.04 (D) Urban Agriculture and enacts a replacement§ 164.04 (D) as shown in Exhibit A attached hereto and made a part hereof. Section 2:Emergency Clause. That the City Council of the City of Fayetteville,Arkansas hereby determines that this ordinance should become effective with • - out delay so that citizens may obtain miniature lambs atter the • birthing season.Therefore,the City Council hereby declares that an emergency exists so that this Ordinance shall be- come effective immediately after its passage and approval. PASSED and APPROVED on June 2,2026 Approved: Molly Rawn,Mayor Attest: Kara Paxton City Clerk Treasurer This publication was paid for by the City Clerk-Treasurer of the City of Fayetteville, Arkansas. Amount Paid:5117.04 June 7,2026 602397