Michigan Right to Farm Law, what does it mean?

[LadyHartman]

So I got my "official" notification of a complaint in the mail the other day. I also found out that the complaint came from an especially nasty neighbor that thinks I turned in her aggressive, biting, neighborhood menace of a dog. (which I did not) Vector control has issued her at least 4 citations (that I know of) and she's allowed to keep this animal, and allow it to run, but I have 30 days to remove my livestock or receive a citation and a fine. We've lived here for 16 years and have NEVER had an issue with a neighbor. They have a steady stream of complaints and visits from law enforcement. I'm not seeing the fairness here. The really sad thing is, anyone who was adult about the situation and came a talked to us would have found out that, by the end of the summer, we will have moved to a nice big farm in the country. Now, I feel like I have to defend my rights just to leave on my own terms.

By the way, does anyone have a clue what the fine may be? Approximately, based on similar experiences? I may just pay it. They flock is worth it to us. I felt it wasn't the best of times to ask the township supervisor when I was on the phone with him last. I'm trying to keep it civil and all.

I apologize for the rant...I'm upset and bit addled. I would still like to chat with anyone in the Muskegon Area, especially Muskegon Township. So please feel free to contact me however you like. I'll be checking the thread every couple days.

Thank you so much for all the input, it really helps.

[email protected]

 

[CaraBear]

In researching a response to the city regarding my MRTFA protection, I ran across minutes from a special meeting of the Planning Commission that states the following with regards to chickens -

"The most common complaint from people who want to have chickens is the "Right to Farm Act and Raising Poultry". "In areas zoned agriculture or where agriculture is allowed, the Right to Farm Act (RTF) may supersede certain local ordinances. If the area is zoned residential, then local zoning requirements may apply. The RTF Act is subject to final interpretation by a judge."

I have no idea why this is quoted and what resource they used to share this during a Planning Commission meeting - has anyone seen this before?!

The irony of the minutes from this meeting is that it says the following - "There is a continuing inquiry for the keeping of chickens in residential areas....Ms. Winland (consultant planner) stated that chickens are very common. Ann Arbor, East Lansing, Lansing, East Grand Rapids, Traverse City and Grand Haven Township all allow chickens in their communities" and the ordinance changes followed the policies of those cities indicating that they would pattern their policies around those cities....later in the minutes, when referring to tent structures and how to regulate them, the minutes state "Ms. Brown asked staff to compare what they are doing in Ann Arbor, Lansing and other communities similar to ours."

And yet...those other communities they want to emulate allow chickens...and they voted down the ordinance change unanimously. Hypocritical much!?

 

[wingless]

Hey folks -

I just spent my evening trying to determine how many BYCers from Michigan right now (2012) are fighting city ordinances, or trying to establish MRTFA rights, or are expressing frustration about restrictions that keep them from keeping chickens.

I come up with 45 people. That doesn't include people like VikkiP who have already won, or a rumor about somebody who knows somebody else who has chickens but lost them. It does include 45 BYCers from Michigan who in 2012 are fighting to keep chickens, or are hiding chickens they already have, or are on the fence about whether to go forward because of uncertainties about their rights.

I am gearing up to write a letter to state officials, and one thing I'll be telling them is that this is not an isolated problem, but is being fought in cities, villages, and townships across the state. This is relevant if you believe, as I now do, that the reason there are so many battles is because although the Michigan legislature, courts, and academic experts all say that MRTFA protects our right to keep chickens, the Department of Agriculture and Rural Development has decided to take a different position, and to instead actively impede implementation of MRTFA. I think this is where the battle is, and I intend to make the strongest argument possible that MDARD should be forced to articulate their reasoning for informing individuals and local units of government that MRTFA does not apply, and if their reasoning does not hold up, to change their position and allow MRTFA to work as intended by the state legislature(s) that passed it.

If you consider yourself in this group of Michigan BYCers who are fighting, hiding, or fulminating about chickens - but think I might not know about you - please feel free to PM me so I can add you to my tally.

 

[RaZ]

Add me to your list. I just got home from a city council meeting tonight where I offered in public to help educate council and other concerned citizens about the benefits of backyard chickens.

This has been in the local paper for a couple of weeks now and on the council agenda just as long. Council seems to be split on the issue and are continuing to gather data.

My pre-trial hearing is on June 26th in 21st. district court. I'm building my case.
Tomorrow, the local paper is coming out for an interview and photo shoot. If any chicken people are near Garden City, come on by and add your voice in support.

 

[CaraBear]

Wingless - I'm certain I'm already on your list, let me know how I can help!

 

[blackswan]

Add me too. I have already discussed this with my representative Andrea LaFontaine. She was in favor of BYC. She was also present at the city counsel meeting when I presented my request to change the current ordinance. In fact, she personally emailed me two weeks after the meeting wondering if I had heard back ( was told I would,but didn't). Tonight this issue is going to the planning commision with my info and the ordinance change that the city attorney drafted. I was told that they are "very thorough". I started to get a feeling that this will be voted down.

 

[wingless]

Thanks RaZ, CaraBear, and blackswan - I did already have you counted!

However, I did get a PM from someone unknown to me, so please keep those coming! Note that I won't be sharing my list, here or anywhere, as I have no plans to "out" anyone trying to fly under the radar. Just trying to get a sense of how big the problem is here in the summer of 2012. Current count is 46.

blackswan, do you think your representative would be willing to consider the argument that MDARD is inappropriately interpreting the MRTFA in a way that is inconsistent with the intent of the legislature, the opinion of the courts, and the scholarship of the academics? What I really want is for MDARD to show their cards; I think they're bluffing and can't justify their anti-MRTFA position, but if they can then we will all understand something new about MRTFA that we (or at least I) don't currently understand.

So maybe I should re-phrase that. Do you think your rep, Representative Andrea LaFontaine, is interested enough to engage with MDARD to determine whether they are representing the law fairly to the rest of us?

Thanks!

 

[DReyRose]

I would like to be added to said list.



Warm Regards,


[email protected]

 

[MI-CHick]

This is a bill to restrict the RTF protection in Detroit so that we don’t have “pigs right next door to somebody trying to raise a normal family”. To me that means that without this bill, RTF would protect the rights of the “pig raising family” if the pig was being raised as a farming activity. Insert chicken and it appears that both Virgil Smith and Joe Hune are of the belief that raising backyard chickens and selling some their poultry product would be an activity protected by RTF even if in contravention of a local ordinance. Maybe contact them?

http://www.mlive.com/news/detroit/index.ssf/2011/11/state_legislator_looks_to_amen.html

 

[blackswan]

Wingless,
I don't know how far Andrea would go to back BYC. When I first contacted her and then met with her before the city meeting (she has office hours before the meeting) she said " I dont't have a problem or see anything wrong with with BYC", which isn't exactly a 'I will fight for you statement'. I was impressed that she got back to me and was still interested. I took this opportunity to forward a copy of the letter that clearly showed the case presidence in favor of BYC. I stated that I wanted our city to adopt an ordinace in line with others and that this wasn't some foreign concept, but that I really didn't need the city's permission. Basically, I'm playing nice...
Now I'm trying to understand the MDRAD. i also need to see what the planning commision will ultimately recommed. I could not attend that meeting as I was ill that day.

Michelle