Section 4-3 of the Apex Code of Ordinances (Chapter 4 - Animals), adopted effective June 1, 2007, prohibits the keeping of livestock and male chickens within the corporate limits of the Town. Livestock includes, but is not limited to, cows, goats, sheep, swine and other similar animals. Exempt from this prohibition are horses, ponies, rabbits, fowl (except for male chickens), and miniature pigs that are neutered and no more than 20 inches in height at the shoulders when full grown. Backyard hens are therefore allowed by-right in Apex residential zones; roosters are not. The Town has no numeric hen cap in the Code itself, but coops are subject to general nuisance/sanitation rules and Unified Development Ordinance accessory-structure setbacks.
Apex's animal control framework lives in Chapter 4 of the Town Code, with Section 4-3 ('Keeping of livestock or male chickens prohibited') as the central residential-animal rule. The ordinance took effect June 1, 2007 after a high-profile 2007 animal-cruelty case in which 77 sheep were seized from a residential property in Apex; the Town Council responded by formally prohibiting traditional 'barnyard' livestock inside the corporate limits. Under Sec. 4-3, livestock - including cows, goats, sheep, swine and similar animals - and male chickens (roosters) may not be kept within the Town. The express exemptions are: (1) horses and ponies; (2) rabbits; (3) fowl other than male chickens (so hens, ducks, geese, turkeys, guineas are allowed, though HOAs and the UDO may further restrict noisy species); and (4) miniature pigs that are both neutered/spayed AND no more than twenty inches (20") in height at the shoulders at full growth, with the pig required to be kept inside the dwelling or in a secure fenced area. The Code does not impose a specific numeric hen cap, but the Town's Unified Development Ordinance (UDO, adopted August 1, 2000, as amended) governs the placement of accessory structures such as coops in residential districts, requiring compliance with the rear and side yard setbacks for the underlying zoning district. Coops must also be maintained to prevent rodent harborage, odor, and runoff that would constitute a nuisance under Chapter 4 and Chapter 10 (Health and Sanitation). Wake County Animal Services, not the Town, is the field enforcement agency for stray animals, bite reports, and welfare complaints in Apex by intergovernmental arrangement; the Town's Police Department handles initial dispatch through the Wake County Sheriff's communications center. Slaughter of poultry on residential lots is not authorized by the Code and may be cited as a public-nuisance violation. For HOA-restricted neighborhoods (common in Apex's master-planned subdivisions such as Riggsbee Farm, Scotts Mill, Bella Casa, Haddon Hall and many others), private covenants frequently prohibit hens entirely regardless of the Code.
Keeping livestock (cattle, goats, sheep, swine) or a rooster within the corporate limits of Apex is a violation of Section 4-3 of Chapter 4 of the Apex Town Code. Keeping a miniature pig that is not neutered, or that exceeds 20 inches at the shoulders when full grown, is also a violation. Violations of Chapter 4 are enforced by Wake County Animal Services (919-212-7387 for non-emergency, 919-856-6911 for active stray/bite reports) in conjunction with Apex Police. Per Sec. 1-9 of the Apex Code, ordinance violations are punishable as a Class 3 misdemeanor under N.C. Gen. Stat. 14-4 and/or by civil penalties; the animal may be impounded at the Wake County Animal Center (820 Beacon Lake Drive, Raleigh). UDO setback violations for a non-conforming coop are independently enforceable by the Apex Planning Department through stop-work orders and per-day civil penalties.
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