Walbridge, Ohio

Mallory

Chirping
8 Years
Apr 19, 2011
152
2
99
Walbridge, Ohio
I emailed the clerk of courts before I started a coop or bought some chickens... to be sure that I would be following any laws or regulations in case the neighbors were to complain (though I highly doubt that), I want to be prepared and make sure I know my facts.

I had trouble finding it on our village website so I emailed the clerk of courts for help. This is what I got back:
Good Afternoon

If you go to the village website you can find two ordinances concerning chickens 505.01 and 505.12. Those are the only two I can find at this time.

www.walbridgeohio.org

then click on the government tab then the blue tab on the right codified ordinance from this point you can search the actual codes or words like fowl, chicken, animals and whatever else may fit your request. Hope this helps.

Have a nice day
Pamela J. Klotz
Clerk of Court/Adm Asst
Village of Walbridge
111 N. Main
Walbridge, Ohio 43465
419-666-1830
419-661-8458 fax

Now, copy and pasting ordinances which I'm assuming relate and to help get some clarification from more experienced chicken owners:

1178.06 FARM MARKETS.



(a) General: Farm markets shall be permitted only where all of the gross income from the market is derived from the produce raised on the premises.





(b) Setback: To allow for safe ingress and egress of vehicles and temporary parking, no building, structure, produce stand, or vehicle used for produce sale or storage shall be closer than 50 feet to any road right-of-way.





(c) Area and Design Requirements: Farm markets and road side stands shall be a maximum of one story high and shall not contain greater than 200 square feet in floor area.

I don't think parts b or c would relate to me selling eggs or chicks off my residence. But a makes me wonder if selling from my home would count as "a market". My simple brain doesn't understand. Am I to understand that I wouldn't be considered a "market" because my husband works and brings home way more money than I'd ever get from selling eggs or chicks? And another thought: Could this only pertain to commercial markets??

1193.07 AGRICULTURE/TRUCK GARDENING.



Livestock used in agriculture or raised for agricultural purposes shall not be maintained within 150 feet of a non-farm building.




(Ord. 11-07. Passed 7-18-07.)

Uhmmm. *blush* Does Livestock only pertain to cows? Or no? In any case, my yard is plenty large enough to move around a lot and still be more than 150 feet from my neighbors home.


505.06 POISONING ANIMALS.



(a) No person shall maliciously, or willfully and without the consent of the owner, administer poison, except a licensed veterinarian acting in such capacity, to a farm animal, dog, cat, poultry or other domestic animal that is the property of another; and no person shall, willfully and without the consent of the owner, place any poisoned food where it may be easily found and eaten by any of such animals, either upon his own lands or the lands of another. (ORC 959.03)





(b) Whoever violates this section is guilty of a misdemeanor of the fourth degree.




(ORC 959.99(C))

and

505.05 KILLING OR INJURING ANIMALS.



(a) No person shall maliciously, or willfully, and without the consent of the owner, kill or injure a farm animal, dog, cat or other domestic animal that is the property of another. This section does not apply to a licensed veterinarian acting in an official capacity.




(ORC 959.02)





(b) Whoever violates this section, if the value of the animal killed or the injury done amounts to less than three hundred dollars ($300.00), is guilty of a misdemeanor of the second degree; if the value of the animal killed or the injury done amounts to three hundred dollars ($300.00) or more, such person is guilty of a misdemeanor of the first degree. (ORC 959.99(B))

Confused!!! So am I or am I NOT allowed to butcher my own meat birds on my property? Or does village ordinance require me to take them to a processor?

1135.02 DEFINITIONS.

(trimming this one to include only related things)




Agriculture: Includes farming, dairying, pasturage, apiculture, horticulture, viticulture, tree farming, animal and poultry husbandry; and only the sale of such products as are raised on the premises; agriculture shall not include kennels. Includes the necessary accessory uses, provided however that:




(a) The operation of any such accessory uses shall be secondary to that of normal agricultural activities; and




(b) The above uses shall not include the feeding or sheltering of animals or poultry in penned enclosures within 100 feet of any residential zoning district. Agriculture does not include the feeding of garbage to animals or the operation or maintenance of a commercial stockyard or feedyard.




(c) A use shall be classified as agricultural only if agriculture is the principal use of the land.





Agricultural Products: Goods produced or services provided by person(s) engaged in agriculture.
Automotive, Travel Trailer, and Farm Implement Sales and Rentals: An open area, other than a street, used for the display or sale of new or used automobiles, motorcycles, recreational vehicles, trailers, travel trailers and farm implements, and where no repair work is done except minor incidental repair of automobiles, motorcycles, recreational vehicles, trailers, travel trailers and farm implements to be displayed and sold on the premises.

Business Classifications:

(c) Business, Neighborhood: Retail and service establishments which primarily serve a day-to-day need in local market areas and can be located in close proximity to or within residential districts without creating undue vehicular congestion, excessive noise or other objectionable influence. To prevent congestion, local retail and service uses include only those enterprises which normally employ less than 10 persons. Permitted uses include drug stores, beauty salons, barber shops, carry- outs, dry cleaning and laundry pickup facilities, banks and financial/insurance services with fewer than 10 employees, and hardware and grocery stores if less than 10,000 square feet of floor area. Other small businesses of an equally restricted and local nature may be permitted, based upon such interpretation of the Zoning Code by the Board of Zoning Appeals.

Business Sign: A sign which directs attention to a business or profession conducted on the premises. A "For Sale" sign or a "For Rent" sign relating to the property on which it is displayed shall be deemed a "business sign."
Farm means any parcel of land containing at least five acres which is used for the raising of agricultural products, livestock, poultry and dairy products. It includes necessary farm structures and the storage of equipment used subject, however, to applicable regulations. It excludes the raising of fur-bearing animals, riding academies, livery or boarding stables, and dog kennels.



Farm means any parcel of land containing at least five acres which is used for the raising of agricultural products, livestock, poultry and dairy products. It includes necessary farm structures and the storage of equipment used subject, however, to applicable regulations. It excludes the raising of fur-bearing animals, riding academies, livery or boarding stables, and dog kennels.

Farm Market: A building, structure or site whose primary purpose is the sale of agricultural commodities or products, derived from the premises upon which the market is located or on land owned or leased by the operator of the market.

Livestock: Any animal that is domesticated for use, pleasure, or profit.


Ahh okay, well within all that other stuff, at least I know I'm not considered a farm because I only have about 1.5 acres (maybe 2, I'd have to check with hubs) nor would I be considered a farmers market because the primary purpose of the land we own is for living, not selling.
And I also answered my own question about what exactly is classified as livestock.
smile.png



1153.02 PERMITTED USES.



The following uses and no others shall be permitted in an "R1-1" District:




(a) Agriculture (Farms).




(b) One-family dwellings.




(c) One-story accessory buildings incidental to the principal use which do not include any activity conducted as a business. Buildings or structures or uses which are accessory to the uses permitted in one district shall not be permitted in a district of a more restrictive classification.




(d) Greenhouse.




(e) Water impoundment facilities (excavations owned and operated by a public body).




(f) Public Uses




(Ord. 11-07. Passed 7-18-07.)

So farming/agriculture includes raising chickens/poultry/fowl ?


1153.04 LOT REQUIREMENTS.



(a) Farm minimum lot area: five acres.





(b) Minimum lot area: two acres for single family.





(c) Minimum lot width: 300 feet for farm and 200 feet for single family.




(Ord. 11-07. Passed 7-18-07.)

So I can "farm" without truly being classified as a "farm" if I don't live on 2-5 acres? I need to check with hubs on the actual acreage here....
hmm.png


1175.02 PERMITTED USES.
(e) Eggs (storage and processing); electric contractors shops; electric equipment assembly; electric plating; electric refrigeration lockers; electrical appliances manufacturing; electrical appliances repairs; enameling and painting (custom); engravers and electroplaters; express companies warehouses; exterminating and fumigating (commercial shops).




(f) Farm implements and machinery assembly; feed (wholesale and storage); fences (metal, wholesale and storage); fertilizers (processed, storage only); filters fabrication; fire escape contractors; firewood (storage); fish (wholesale); flags and banners manufacturing; floor refinishing (contractors shop); food processing (general, see under product listing); food products (brokers and distributors, wholesale); food products (warehouse); freight forwarders warehouses; frozen food processing; frozen foods (wholesale, storage and distribution); fruit and vegetable juice processing; fruit and vegetable market (wholesale); fruits and vegetable processing (general, see under product listing); fur warehouse; furnaces (cleaning and repairing shops); furniture cleaners; furniture (repairing and refinishing); furniture (wholesale and storage); furs manufacturing (cutting and assembly).

(b) Manufacturing, Heavy: Any industrial use which requires buildings and open area for manufacturing, fabricating, processing, heavy repair, dismantling, testing, storage or disposal of raw materials, manufactured products or wastes, which is not injurious to health or safety of humans or animals. Typically, heavy manufacturing requires large sites for isolation and separation from residential and commercial development because of the potential spill over effect on surrounding areas, the use of buildings and open areas of the parcel for processing production, open storage and service areas, extensive services and facilities, and ready access to regional transportation. Normally, such uses generate some nuisances such as smoke, noise vibration, dust, glare, air pollution and water pollution, but not beyond the district boundary. Heavy manufacturing shall include primary metal industrial operations involving the use of blast furnaces, the rolling and finishing of ferrous and nonferrous metals, iron and steel foundries, primary and secondary smelting and refining facilities, metal plate and sheet fabricating facilities for metal plates and sheets, metal salvage and fabrication, and any other operations which shall be deemed to be of a similar nature. Heavy manufacturing shall also include mineral extraction; motor vehicles and related products, manufactured housing; household appliances manufacturing; gas manufacture; refining; manufacturing and/or processing of animals, or animal parts for food, fertilizer or other purposes including the tanning and production of leather goods and furs; the manufacture of food and meat products; paper and allied products; chemicals and allied products, including plastic materials, synthetic rubber and man-made fibers, soaps and detergents, paints and agricultural chemicals, petroleum refining and related industries, including production of paving and roofing materials, tire products, glass products and any other products of a similar nature.

Another definition ^^^ Curious if I have the right to "process" my own chickens on my own property...

1175.01 PURPOSE.



(a) The purpose of the M-1 District is to encourage the development of manufacturing and wholesale business establishments which are clean, quiet and free of hazardous or objectionable elements such as noise, odor, dust, smoke, or glare, operated entirely within closed structures and generate little industrial traffic. Office and research activities are encouraged. This district is further designed to act as a transitional use between general industrial uses and other less intensive business and residential uses.





(b) Because of their access to transportation and community services, and because of the nature of their light industrial operation, with restricted manufacturing operations, research facilities, warehousing, and offices of a restricted nature, these areas will have little or no detrimental effects on neighboring land uses. Adequate attempts should be made to provide as much isolation from other areas as possible.





(c) These uses may include activities such as manufacturing, processing, or assembly of products or the provision of services. No offensive or hazardous conditions shall be created by an industry and other disruptive activities shall be minimized to maintain tranquility if proximate to commercial or residential areas. This includes the absence of such things as excessive traffic, dust, dirt, noxious gases, smoke, noise, fumes or vibrations. Since certain industrial uses as a part of their operation may have need for sales distribution and sales outlets, it may be permitted only as an accessory use providing that goods and services are produced at the site or are an integral part of a warehousing distribution system. Wherever possible, work activities and material handling will be confined to within buildings or enclosures. When possible, materials and products will be stored in enclosed structures or areas screened from the view of adjoining property. External areas of structures will be landscaped and maintained. Undeveloped areas of the parcel will be kept free of debris and weeds and will be routinely maintained by the cutting of all grassed areas.




(Ord. 11-07. Passed 7-18-07.)

Now after reading this - It almost sounds as if they encourage processing you own chickens. LOL So long as I am prevent making my neighbors watching....

1171.01 PURPOSE.



It is the intention of Council that by the creation of the C-2 District and its appurtenant regulations, further expansion and renewal as the historical core business area will be encouraged in such a manner that it is pleasant, convenient and efficient to use. All uses and activities shall be inside buildings unless related to the existing primary use of the property. Work activities and material handling will be confined within buildings or within closures. Materials and products will be stored in enclosed structures or areas screened from view from adjoining property. External areas of structures will be landscaped and maintained. Undeveloped areas of the parcel will be kept free of debris and weeds and will be routinely maintained by the cutting of all grassed areas. Residential uses may be allowed within this district. Residential uses shall be permitted when contained within a non-residential building provided that such use shall not be located on the first floor of the building. Entrance and exit to the dwelling unit(s) shall be exclusive and separate from the non-residential part of the building.




(Ord. 11-07. Passed 7-18-07.)

Chicken tractors anyone?
smile.png


1171.02 PERMITTED USES.



The following uses shall be permitted in the Village Center Commercial District:




(a) Retail Stores. Retail stores primarily engaged in selling merchandise for personal or household consumption and rendering services incidental to the sale of the goods (including the buying or processing of goods for resale).




(b) General Merchandise.




(1) Hardware stores.




(2) Department stores.




(3) Mail order houses.




(4) Variety stores.




(5) Miscellaneous general merchandise stores.




(c) Food.




(1) Neighborhood grocery stores.




(2) Meat and fish (sea food) markets.




(3) Fruit stores and vegetable markets.




(4) Candy, nut, and confectionery stores.




(5) Dairy products stores.





(6) Retail bakeries.




(7) Miscellaneous food stores.




(d) Apparel.




(1) Men's and boy's clothing and furnishings stores.




(2) Women's accessory and specialty stores.




(3) Women's ready-to-wear stores.




(4) Children's and infant's wear stores.




(5) Family clothing stores.




(6) Shoe stores.




(7) Custom tailors.




(8) Furriers and fur shops.




(9) Miscellaneous apparel and accessory stores.




(e) Home Furnishings.




(1) Furniture, home furnishings, and equipment stores.




(2) Household appliance stores.




(3) Radio, television and music stores.




(f) Eating and Drinking.




Eating and drinking places.




(g) Miscellaneous Retail.




(1) Drug stores and proprietary stores.




(2) Liquor stores.




(3) Antique stores and secondhand stores.




(4) Book and stationery stores.




(5) Sporting goods stores and bicycle shops.




(6) Jewelry stores.




(7) Florists.




(8) Cigar stores and stands.




(9) News dealers and news stands.




(10) Camera and photographic supply stores.




(11) Gift, novelty, and souvenir shops.




(12) Optical goods stores.




(13) Miscellaneous retail stores, not elsewhere classified.




(h) Administrative, Business and Professional Offices.




(1) Administrative offices primarily engaged in general administration, supervision, purchasing, accounting and other management functions.




(2) Business office carrying on no retail trade with the general public and having no stock of goods maintained for sale to customers.




(3) Professional offices engaged in providing tangible and intangible services to the general public, involving both persons and possessions.




(i) Trust companies not engaged in deposit banking.




(1) Commercial and stock savings banks.




(2) Mutual savings banks.




(3) Trust companies not engaged in deposit banking.




(4) Establishments performing functions closely related to banking.




(5) Savings and loan associations.




(6) Agricultural credit institutions.




(7) Personal credit institutions.




(8) Business credit institutions.




(9) Loan correspondents and brokers.




(10) Holding companies.




(11) Investment companies.




(12) Trusts.




(13) Miscellaneous investing institutions.




(j) Real estate offices.




(k) Law offices.




(l) Accessory buildings or uses subordinate to those permitted herein.




(Ord. 11-07. Passed 7-18-07.)

So this ordinance along with the one above... Says that I can residentually (is that a word? lol) own a "retail store" in order to sell dairy and or meat?



Anywho- That was what I found when searching the terms "farm" and "processing".

Now I searched "poultry" and found this.

505.12 COLORING RABBITS OR BABY POULTRY; SALE OR DISPLAY OF POULTRY.



(a) No person shall dye or otherwise color any rabbit or baby poultry, including, but not limited to, chicks and ducklings. No person shall sell, offer for sale, expose for sale, raffle or give away any rabbit or poultry which has been dyed or otherwise colored. No poultry younger than four weeks of age may be sold, given away or otherwise distributed to any person in lots of less than six. Stores, shops, vendors and others offering young poultry for sale or other distribution shall provide and operate brooders or other heating devices that may be necessary to maintain poultry in good health, and shall keep adequate food and water available to the poultry at all times. (ORC 925.62)





(b) Whoever violates this section is guilty of a minor misdemeanor.

Yay, okay! So.... If I am indeed allowed to sell chicks so long as they are not dyed (wth? lol) and given away in batches of six if under a month old. Now the second half, its not saying I must provide brooders, food, supplies required for poultry keeping to the PURCHASER right? Its only saying that I myself, must be giving them adequate care. Which is, well, duh.
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505.08 NUISANCE CONDITIONS PROHIBITED.



(a) No person shall keep or harbor any animal or fowl in the Municipality so as to create noxious, or offensive odors or unsanitary conditions which are a menace to the health, comfort or safety of the public.





(b) Whoever violates this section is guilty of a minor misdemeanor.

Again, wording confuses me and makes me unsure. I'm lead to believe this means I can keep birds, as long as it doesn't get out of hand or become unsanitary, or bothersome to others. NOT that I am not permitted to own them so as not to cause these things. What do you take it as?

545.02 DETERMINING PROPERTY VALUE IN THEFT OFFENSE.
(trimming again)
(3) When the property involved is livestock, poultry or raw agricultural products for which a local market price is available, the latest local market price prior to the offense is prima-facie evidence of the value of the livestock, poultry or products.

Good to know I suppose.
hu.gif


1173.02 PERMITTED USES.



The following uses shall be permitted in the General Commercial District:





(a) Antique store.




(b) Automobile accessory store.




(c) Automobile-truck travel trailer sales lot.




(d) Bar, grill, cocktail lounge, State liquor store.




(e) Bicycle rental sales and service.




(f) Billboards and signs, subject to the provisions of Chapter 1181.




(g) Boat and sporting goods store.




(h) Bowling alley, provided the building used for such purpose is at least 100 feet from any residential district.




(i) Café.




(j) Churches (See Section 1153.03(a) for additional regulations.)




(k) Clinics, medical and dental.




(l) Clubs (swimming, Y.M.C.A., etc.), lodges.




(m) Discount store (variety, drugs, etc.).




(n) Doughnut shop.




(o) Drive-in banks.




(p) Drive-in ice cream store.




(q) Drive-in restaurants.




(r) Dry cleaning, custom and self-serve.




(s) Egg and poultry store, no killing of fowl on premises.




(t) Exterminator service.




(u) Farm, fruit and produce stands.




(v) Farm implement sales.




(w) Food and grocery stores.




(x) Food lockers.




(y) Garden and nursery centers.




(z) Gift. novelty and souvenir stores.




(aa) Miniature golf courses.




(bb) Laundry, custom and self-serve.




(cc) Monument sales. provided cutting is done in an enclosed building.




(dd) Motels. tourist cabins and courts.




(ee) Motorcycle sales and service.




(ff) Pet store and supplies.




(gg) Photographic studio.




(hh) Photostatting, printing, publishing.




(ii) Restaurants.




(jj) Supermarkets.




(kk) Travel trailer and pick-up coach sales and services.




(Ord. 11-07. Passed 7-18-07.)

Since I'm not a large commercially run business, does that mean I'm exempt and therefore am allowed to butcher my own birds?

505.07 CRUELTY TO ANIMALS GENERALLY.



(a) No person shall:




(1) Torture an animal, deprive one of necessary sustenance, unnecessarily or cruelly beat, needlessly mutilate or kill, or impound or confine an animal without supplying it during such confinement with a sufficient quantity of good wholesome food and water;




(2) Impound or confine an animal without affording it, during such confinement, access to shelter from wind, rain, snow or excessive direct sunlight if it can reasonably be expected that the animal would otherwise become sick or in some other way suffer. This subsection (a)(2) does not apply to animals impounded or confined prior to slaughter. For the purpose of this section, "shelter" means a man-made enclosure, windbreak, sunshade or natural windbreak or sunshade that is developed from the earth's contour, tree development or vegetation;




(3) Carry or convey an animal in a cruel or inhuman manner;




(4) Keep animals other than cattle, poultry or fowl, swine, sheep or goats in an enclosure without wholesome exercise and change of air, nor feed cows on food that produces impure or unwholesome milk;




(5) Detain livestock in railroad cars or compartments longer than twenty-eight hours after they are so placed without supplying them with necessary food, water and attention, nor permit such livestock to be so crowded as to overlie, crush, wound or kill each other.





(b) Upon the written request of the owner or person in custody of any particular shipment of livestock, which written request shall be separate and apart from any printed bill of lading or other railroad form, the length of time in which such livestock may be detained in any cars or compartments without food, water and attention, may be extended to thirty-six hours without penalty therefor. This section does not prevent the dehorning of cattle.




(ORC 959.13)





(c) Whoever violates this section is guilty of a misdemeanor of the second degree. In addition, the court may order the offender to forfeit the animal or livestock and may provide for its disposition including, but not limited to, the sale of the animal or livestock. If an animal or livestock is forfeited and sold pursuant to this subsection, the proceeds from the sale first shall be applied to pay the expenses incurred with regard to the care of the animal from the time it was taken from the custody of the former owner. The balance of the proceeds from the sale, if any, shall be paid to the former owner of the animal. (ORC 959.99(D))

So I'm getting that I CAN keep chickens, can kill them for good reason (food source) but I'm still not 100% sure I'm allowed to butcher them myself or not.... argh...
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Agriculture: Includes farming, dairying, pasturage, apiculture, horticulture, viticulture, tree farming, animal and poultry husbandry; and only the sale of such products as are raised on the premises; agriculture shall not include kennels. Includes the necessary accessory uses, provided however that:




(a) The operation of any such accessory uses shall be secondary to that of normal agricultural activities; and




(b) The above uses shall not include the feeding or sheltering of animals or poultry in penned enclosures within 100 feet of any residential zoning district. Agriculture does not include the feeding of garbage to animals or the operation or maintenance of a commercial stockyard or feedyard.




(c) A use shall be classified as agricultural only if agriculture is the principal use of the land.





Agricultural Products: Goods produced or services provided by person(s) engaged in agriculture.

Hmmmm can't believe I found this dead last... My chickens would probably (most of the time anyhow) be within 100 feet of my home... does that mean I wouldn't fall under laws pertaining to agriculture???

My head is about to explode.
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Indeed, you are not classified as "Agriculture" or a "Farm" because that is not the primary use of your land. Sounds like you're fine, though I'm not sure about processing your own chickens. Probably you just need to keep it indoors. As for selling stuff, you'd have to have another door for the non-residential part (meaning the bit where you sell eggs) which seems really excessive.
 
Ooooh, is that what it means?? I took it as, the chicken tractor would be the non-residential "building". LOL

A completely separate door is excessive. I wonder if I could just sell out of my pole barn? Just plug an old fridge in there and store the eggs in there. I don't "live" in my barn (though we store things we own in there, obviously) so I'm not sure that would get me around it legally.

I am not adding on a "chicken egg room" to my house!
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My laws sound similar to yours with the coop/barn needing to be so many feet from a neighbors home. I assume with killing you just go into a private spot. I took my sick hen in the far back yard to kill. As for selling shoot I just take my eggs to the neighbors and they give me money.I could only see it as an issue if you have a car line and it was blocking neighbors. I think this is so common with people who deal drugs(my one friend sees it),but the cops do nothing about the traffic in and out.

Enjoy your chickens!
 

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