Township trying to take 10-year old girl's pets away -- support needed ASAP

[Momonga]

I'm hoping the BYC "flock" can show some support for a sweet little girl battling College Township, PA for her right to keep her beloved pet hens. It takes a special kind of cruelty to rip a 10-year-old girl's pets away from her during a pandemic, but that's exactly what the bullies in the township office are hell-bent on doing to poor Maeve Elliot and her family, based on one of the most ridiculous interpretations of an ordinance I've ever seen -- the zoning officer apparently considers any vegetable garden or pet hen to be operating a "farm" in a residential area.

If you could spare some time, Maeve's family has created a petition to township officials here, and they also have a Facebook page, "Save Maeve's Side-Eyed Queens." They need all the support and input they can get right now, especially from other chicken owners. They're also encouraging respectful messages to the township urging them to update/clarify their ordinances instead of bullying a 10 year old girl, who did her research before getting the birds and was told by a township councilwoman that hens were legal pets. Here's the full, sad story, from the Centre Daily Times:

College Township to 10-year-old: Give up your pet chickens, or face steep fines
Maeve Elliott, 10, doesn’t understand why College Township is trying to take her “family” away.

The bouncing fifth-grader, a walking encyclopedia of animal trivia, has nurtured her four baby chicks into full-fledged chickens during the pandemic, an exercise that’s given her an outlet when she feels any tears coming. But, despite the approval of at least one council member and a supporting note from her pediatrician, she might soon be forced to give up her pet chickens — something she’s pestered her parents about for the last three years.
She doesn’t exactly understand the reason. Then again, her parents really don’t either. Or their friends. Many around the neighborhood also don’t understand why College Township is so adamant about taking Maeve’s pets away — from the township hiring a substitute attorney to refusing to answer questions outside of formal open-records requests to threatening a $500 per day fine.

“I’m sad and lonely because right now, in quarantine, I can’t see my friends,” Maeve said, before pointing to her chickens. “And they’re basically my best friends right now. ... They’re family — and you don’t get rid of family.”
At issue is an old zoning ordinance that doesn’t allow properties under 10 acres to farm. In that “farm use” ordinance, a rule remains on the books that forbids “the raising and keeping of livestock and poultry.” Maeve’s parents contend they’re not farming; College Township’s zoning enforcement officer says it doesn’t matter. The rule still says no chickens.

“College Township feels it is important to enforce all ordinance (sic) we have enacted,” township staff said in a written statement Tuesday that involved four employees and one attorney.

If Maeve doesn’t surrender her pet chickens by June 30, the fines will start — and will add up to $15,000 after just the first month. The Elliotts can appeal for a $600 fee, but many of the supporting documents they need are being held in limbo by the township.

Because the township declined to answer all questions over phone or email, the Elliotts had to resort to filing 17 open-records requests — and the township requested 30-day extensions, meaning it doesn’t have to respond until after the fines start piling up.
“It just seems surreal that we’re even here at this point,” said Maeve’s mother, Jackie, who helped start a Facebook group in support of her daughter.

How it all started
Maeve beamed behind her rainbow-colored mask on a recent overcast afternoon, telling anyone who would listen that she’s wanted pet chickens ever since she was “really little.” In February 2018, she even sent a drawing and handwritten letter to College Township about wanting pet chickens. Touched by the note, councilwoman Carla Stilson invited the family over for a tour of the township building and, according to the Elliotts, encouraged the family to move ahead with the pets.
Stilson did not return a message from the Centre Daily Times seeking comment.
Still, Maeve would always breathlessly return from her friend’s home in Julian, chatting about their pet chickens. So, when the pandemic hit in March and the Elliotts realized this wasn’t a temporary “chicken phase,” they decided to finally give in. Maeve couldn’t stop smiling. Three months later, and she still can’t.

“I was very lonely without them,” she said. “And then I got them, and I felt much better. I felt like I had something to wake up in the morning to see.”
Sometimes, she’ll grab a book and read to the chickens. Sometimes, she’ll hug them like small dogs and smile and, sometimes, she’ll sneak them inside to show her friends online. She’ll happily buzz from one chicken topic to the next: Did you know chickens are related to the Tyrannosaurus Rex? ... This chicken, named Purple, is the leader and bosses her friends around. ... Sometimes they’ll peck at freckles, but it just feels like a small pinch.
Her older brother, 12 years old, will often just sit inside and complain of phantom aches and pains when his parents urge him to venture outside. They fear he’s depressed as a direct result of the pandemic and, in him, they see what fate might await their daughter if she’s forced to give up her pets. She cried again Tuesday wondering what might happen to Purple, El, Waffles and Banana.

“The chickens have been the one bright spot in her day,” her father, Nathan, said. “They keep her going and keep her engaged. She feels like she’s useful to them, you know? Without them, there would have been a lot more crying. A lot more. I guarantee it.”

The trouble all started May 15, the date of Maeve’s 10th birthday. Zoning enforcement officer Mark Gabrovsek spotted Jackie outside and informed her and Nathan there was a complaint — one the family has still not seen and had to file an open-records request for — and Gabrovsek told them they’d have to get rid of the chickens.
While Gabrovsek was there on Oak Ridge Avenue, the end of a no-outlet road, he also noticed the Elliotts’ fenced-in garden was located too close to the street. That, he told them, was also a violation — and the township would fine them $500 for every day after June 30 it went unfixed, too.


What comes next?
Maeve’s parents aren’t sure what to do.
They hope common sense prevails in the end. They hope the township drops the case. They hope their daughter can still embrace her pets, letting them scamper in the fenced-in garden or relax in their coop outside during the day. But with each passing day, that hope is replaced with panic.
The family already visited this month’s council meeting, and 12 people spoke in support of pet chickens with none publicly opposed. But the council said it cannot override the zoning officer’s decision.

The Elliotts feel as if that officer has given them an impossible choice — their daughter’s happiness or their financial security. Yes, the Elliotts could still choose to appeal. But Toal acknowledged most cases are affirmed by zoning boards; he only won his court case in April after Fayette County’s zoning board upheld its initial ruling. And attorneys and appeals are expensive, as are $500-per-day fines. Even if the Elliotts might win in the end, what’s the cost? But, if they don’t fight and lose the chickens, what happens to the bright-eyed girl whose parents swear she might be a vet one day?

“As a child advocate, I think the township should reconsider removal of chickens from the Elliott household,” Dr. David Coggins, Maeve’s pediatrician, wrote in a letter to the township. “They are currently a source of routine, responsibility, emotional support and focus that is consistent for Maeve as the world around her is changing.”
College Township’s solicitor recused himself since he’s had property dealings with the Elliotts in the past. So the township is currently paying a substitute attorney for counsel on this case. The township declined to respond to the CDT when asked how much he’s cost the community so far.

For her part, Maeve just wants to keep her chickens close.
“They definitely help when you’re sad,” she said. “A lot of things don’t make you laugh when you’re sad but, with them, you just smile.”
One of the pet chickens then gave a slight cluck, which sent Maeve giggling. “And they make me laugh,” she said.
The Elliotts only hope they still hear that laughter after June 30.

 

[HappyClucker7]

This is absolutely awful! How could any person take away a child's beloved pets? She doesn't even have a rooster that might annoy anyone. Can't these people see how much these chickens mean to this girl? How can they sleep at night, knowing that they are taking something so precious away?

 

[dovahkiin]

Not sure if it will hold up but state college pa sucks it's running by greedy individuals who dknt care about people. That town was founded kn farming and agricultural land it's a shame to see what it's become. Pittsburgh had a similar case they took it to court the family fot to keep all 18 chickens and a rooster hopefully they fight state college and get to keep thier chickens.

 

[Momonga]

To its credit, the township council has been trying to find a fair solution, although they are legally limited in what they can do because the zoning officer is an independent body and not subject to the council. In PA, the only legal mechanism for challenging a zoning officer's decision is to file an appeal with the jurisdictions' Zoning Appeals Board. The township is strongly encouraging the family to do this because it pauses any fines/enforcement until a final decision is made, and frankly the family has a pretty good case.

The good news is that the township council decided today to waive the $600 appeal fee for the family on the grounds that the "farming" ordinance is outdated and controversial and that they will soon be looking into an amendment which might allow for reasonable backyard chickens and gardening, like all neighboring townships do. Until the community can decide what to do regarding the ordinance, the best option would be for the family to appeal the zoning decision to the board, and AFAIK that's what they're planning on doing.

 

[dovahkiin]

To its credit, the township council has been trying to find a fair solution, although they are legally limited in what they can do because the zoning officer is an independent body and not subject to the council. In PA, the only legal mechanism for challenging a zoning officer's decision is to file an appeal with the jurisdictions' Zoning Appeals Board. The township is strongly encouraging the family to do this because it pauses any fines/enforcement until a final decision is made, and frankly the family has a pretty good case.

The good news is that the township council decided today to waive the $600 appeal fee for the family on the grounds that the "farming" ordinance is outdated and controversial and that they will soon be looking into an amendment which might allow for reasonable backyard chickens and gardening, like all neighboring townships do. Until the community can decide what to do regarding the ordinance, the best option would be for the family to appeal the zoning decision to the board, and AFAIK that's what they're planning on doing.

https://www.post-gazette.com/pets/p...hickens-state-court-says/stories/202004240095

 

[luvmychixandducks]

In my town we have a similar situation but with two small goats. Zoning has demanded they be removed calling them animal husbandry which is not allowed. Both animals are neutered and cannot reproduce so the owners claim of pets has merit. We (sympathetic townies) signed petition to change the zoning through a town meeting vote. The meeting has been delayed because of the covid19 but it looks like both the Board of Health and zoning will initiate changes that will allow both the goats and fix some inequities that currently ban rabbits and poultry ownership. Our town manager sees the logic in revisiting the zoning ordinance as too restrictive maybe it was the 600 voters who signed the petition that got his attention.

 

[Chicken Chicken Love]

I feel so bad for this poor girl, my chicks are 3 months old I sit in their coop and take them on walks around the backyard as much as I can! I snuggle with the chickens, refill their water and food, and make them treats! If I had to part with any or all of them I would be sad for months. I actually did have to part with one of my sweet chicks because it turned out it was a roo and we can't have roos where I live, I cried for days. I could not live without my chickens, nobody should have to have their pets that are innocent taken away especially for no reason! Did her chickens get taken away????
My heart goes out to that girl!!!

 

[Chicken Chicken Love]

Poor girl!

 

[Chicken Chicken Love]

I'm hoping the BYC "flock" can show some support for a sweet little girl battling College Township, PA for her right to keep her beloved pet hens. It takes a special kind of cruelty to rip a 10-year-old girl's pets away from her during a pandemic, but that's exactly what the bullies in the township office are hell-bent on doing to poor Maeve Elliot and her family, based on one of the most ridiculous interpretations of an ordinance I've ever seen -- the zoning officer apparently considers any vegetable garden or pet hen to be operating a "farm" in a residential area.

If you could spare some time, Maeve's family has created a petition to township officials here, and they also have a Facebook page, "Save Maeve's Side-Eyed Queens." They need all the support and input they can get right now, especially from other chicken owners. They're also encouraging respectful messages to the township urging them to update/clarify their ordinances instead of bullying a 10 year old girl, who did her research before getting the birds and was told by a township councilwoman that hens were legal pets. Here's the full, sad story, from the Centre Daily Times:

Did the girl get to keep the chickens??? I want to know so that I can know if i should email them or not!

 

[HENS-and-MARES]

@EmmaRainboe
@OneHappyRooster
@human1
@Misfits Farm 92
@CHlCKEN
@JadeFarms
@PearGirl
@Sapphire Sebright
This is old but hopefully we can help