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How To Change International Falls Ordinances to Allow Backyard Chickens

Current Ordinance (Chickens Currently Prohibited)

Under the International Falls Code of Ordinances, keeping chickens is currently illegal within city limits (except in agricultural zones). The city’s animal regulations classify chickens as “farm animals” and prohibit keeping them in town since no property in the city is zoned agricultural. In other words, “it is unlawful for any person to keep or harbor any [farm] animal” (including chickens) “except (1) farm animals kept in that portion of the city zoned for agricultural purposes”. Because International Falls has no agricultural zoning districts, chickens are effectively banned citywide in residential areas. (In 2020, residents used a petition to put a chicken ordinance on the ballot, but voters narrowly rejected it, so the ban remains in place.)

Path for City Council to Legalize Chickens

1. Introduce an Ordinance Amendment: A City Council member can propose an ordinance to amend the municipal code (for example, revising Section 10-12 or the zoning code) to allow chickens in residential zones. The council has the authority to enact such a change without a public referendum – by charter, “all legislation shall be by ordinance or resolution” and ordinances can be adopted by a simple majority of the City Council. The proposed ordinance must be drafted in writing and limited to a single subject (e.g. permitting a specified number of hens, prohibiting roosters, setting coop standards, etc.), and it should be presented at a council meeting for introduction.

2. Follow Required Procedure for Adoption: Under the City Charter, a non-emergency ordinance cannot be passed in the same meeting it is introduced. At least seven days must elapse between introduction and final passage. Typically, the council will schedule a second reading or final vote at a subsequent meeting. During this period, council members and the public can review the proposal and suggest any revisions (e.g. referring it to a committee or city attorney for fine-tuning). When the ordinance comes up for adoption, the council votes – passage requires a majority vote of the council. (The Mayor has an equal vote on the council but no veto power in International Falls.)

3. Enact the Ordinance: If the council approves the ordinance, it is signed by the mayor and published as required. A new or amended ordinance takes effect 30 days after publication (or on a later date specified in the ordinance). No additional public vote is required for the council’s action to become law. In this scenario, chickens would become legal in residential zones once the ordinance is in effect, and residents could then keep chickens in compliance with any conditions the council adopted (such as permit requirements, coop standards, limits on number of hens, etc.).

4. Be Aware of Referendum Period: After the council passes an ordinance, citizens have a 30-day window (before it takes effect) to challenge it via a referendum petition. The International Falls City Charter gives voters the right to require any ordinance (other than emergency laws) to be submitted to a public vote if a sufficient petition is filed. Specifically, if opponents gather signatures from at least 7% of city voters (based on the last mayoral election) during the waiting period, the new ordinance is suspended from taking effect. The City Council must then either repeal the ordinance or put the question on the ballot (at the next general election or a special election) for the voters to decide. If no valid referendum petition is filed within the deadline, the ordinance stands.

5. Implement and Update Local Regulations: If the ordinance becomes effective (either by council action with no referendum, or by surviving a referendum vote), the city can proceed to implement it. This may involve updating any related zoning regulations or permit procedures to align with the new law. In International Falls, because the current zoning code has no agricultural zone, the council’s ordinance may simply create a clear exception allowing a limited number of chickens on residential property. The council’s authority includes setting such conditions in the ordinance itself (for instance, the 2020 draft ordinance set a limit of 10 hens and required coops to meet certain standards). Once in effect, the new ordinance would amend the city code, and residents could apply for any required permits and keep chickens as allowed by the updated law.

Path for a Private Citizen to Propose Ordinance Changes

1. Draft the Ordinance Language: A private citizen cannot directly change the law, but can initiate an ordinance change through the city’s charter-defined petition process. The first step is to write the exact text of the proposed ordinance (or amendment) to allow chickens in residential areas. By law, an initiative petition must include the full text of the ordinance at the top of each petition page (or attached to it). For example, the petitioners in 2020 drafted a new section explicitly allowing chickens under certain conditions and attached that text to their petition. As a citizen, you should craft the ordinance carefully – specify key details like number of hens, prohibition of roosters, coop standards, and any licensing or setbacks – so that voters and the council know exactly what change is being proposed.

2. Gather Signatures from Voters: Next, organize a petition drive to collect the required number of signatures from registered voters in International Falls. The City Charter sets two critical thresholds for initiative petitions, based on the turnout of the last mayoral election. You will need signatures equal to at least 5% of the total votes for mayor in the last election to qualify the ordinance for a future ballot, and 15% or more to force quicker action. It’s wise to collect more than the minimum number in case some signatures are disqualified. Once you believe you have a sufficient number of signers, submit the petition to the City Administrator.

3. Submit Petition and Verification: Upon receiving the petition, the City Administrator will examine it and certify whether it has enough valid signatures. This review must be completed within 10 working days of filing. If the petition is short of the required signatures, it is returned as “insufficient,” and you typically get a brief window (10 more days) to gather additional signatures and resubmit. If you meet the threshold, the administrator will certify the petition as sufficient and report it to the City Council. The council will then formally determine the petition’s sufficiency by resolution, usually at its next regular meeting. (In 2020, for example, citizens submitted a petition that was certified sufficient, which compelled the council to put the chicken ordinance on the ballot.)

4. Council Action or Election (Initiative Outcomes): Once your petition is certified, the City Council must consider the proposed ordinance via the charter’s initiative process. The outcome depends on how many signatures you gathered:

  • If you reached the 15% threshold: The City Council must either “pass the proposed ordinance without alteration” at its next meeting or call a special election to submit the ordinance to the voters. In other words, a very strong petition (15% of voters) gives the council a choice – enact the ordinance directly or let the public vote in a special referendum. The council cannot ignore the issue at this point. (They may opt to enact it outright to avoid the cost of an election, or if they personally support the change. If they oppose it, they will likely call for the special election so voters decide.) The charter mandates that if the council fails to adopt the ordinance as-is, it “shall be submitted to a vote of the people.”

  • If you have at least 5% but less than 15%: The proposed ordinance will be placed on the ballot at the next general city election (the next regular November election for city offices). The council in this case does not vote on the ordinance itself; instead, it schedules the ballot question as required. This is exactly what happened with the 2020 backyard chicken initiative – the petition surpassed the 5% mark, so the ordinance (unchanged from the petition text) went before the voters at the November 3, 2020 general election. The City Charter specifies that the petitioned ordinance “shall be submitted to a vote of the electors at the next general city election” once the petition is verified. (If the next general election is a long way off, this means a citizen initiative with 5–14% support might have to wait many months for a vote, unless the council voluntarily calls a special election sooner.)

5. Voter Decision and Enactment: If your initiative goes to a public vote (either at a special election or the next general election), a majority “Yes” vote is required for the ordinance to pass. The charter explicitly states that an ordinance submitted by petition is enacted if it “receives a majority of votes cast” in the election. Upon approval by the voters, the ordinance takes effect immediately (or on a date specified in the ordinance text) and becomes part of the city’s law. At that point, chickens would be legal under the terms of the new ordinance, overriding the previous ban. If the majority votes “No,” the ordinance is defeated and does not take effect. In that case, the status quo remains – chickens stay prohibited – unless and until a new effort succeeds in the future. For a successful campaign, private citizens should be prepared to educate and persuade fellow voters about the benefits of backyard chickens. Gaining community support is crucial, as seen in 2020 when the measure lost by only about 134 votes out of nearly 3,000.

References and Relevant Provisions

  • City Charter – Council Authority: International Falls Home Rule Charter §§ 4.04–4.05. The City Council does not need voter approval to change local ordinances; it can legislate directly on matters like animal and zoning regulations. The charter vests “all powers” of the city in the council except as otherwise provided.

  • City Charter – Initiative & Referendum: International Falls Home Rule Charter Chapter 5 reserves the right of voters to propose or challenge ordinances. Section 5.05 (Initiative) allows citizens to propose ordinances by petition: if signed by ≥15% of the last mayoral vote, the council must adopt the ordinance or call a special election; if signed by 5%–15%, the ordinance goes on the ballot at the next general city election. An initiative ordinance takes effect upon voter approval. Section 5.06 (Referendum) allows citizens to veto ordinances passed by the council via petition before they take effect: 7% of voters can force a council-adopted ordinance to a referendum vote.

  • City Code – Animal and Zoning Regulations: International Falls City Code § 10-12 (Animals and Fowl) currently prohibits keeping farm animals (including chickens) within city limits except in areas zoned agricultural. Because Chapter 11 (Zoning) contains no agricultural zone for any property in the city, this amounts to a citywide ban on backyard chickens. Any ordinance to legalize chickens would likely amend these provisions – either by creating an exception in §10-12 for a limited number of chickens on residential lots or by establishing a new zoning classification/permit for urban chicken-keeping. The draft Ordinance considered in 2020 is an example framework: it proposed allowing up to 10 hens (no roosters) on single-family properties with specific coop standards. A councilmember or citizen initiative could reintroduce a similar ordinance, following the processes outlined above, to finally permit chickens in International Falls residential zones.


Sources

  • [30] International Falls City Code of Ordinances – Animal Regulations and Zoning Provisions

  • [29] International Falls City Code of Ordinances – Specific Provisions on Farm Animal Restrictions

  • [21] International Falls Home Rule Charter – Council Authority and Ordinance Adoption Process

  • [6] International Falls Home Rule Charter – Council Powers and Voting Procedures

  • [7] International Falls Home Rule Charter – Ordinance Effectivity Requirements

  • [8] International Falls Home Rule Charter – Initiative and Petition Procedures

  • [9] International Falls Home Rule Charter – Initiative Thresholds, Petition Process, and Referendum Provisions

  • [22] International Falls Home Rule Charter – Referendum Process and Voter Approval Mechanisms

  • [1] Draft Ordinance No. ___ (5th Series) Considered in 2020 for Backyard Chicken Regulations

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