Advice On Drafting Ordinance

AvocadoAbi

Songster
Jul 3, 2021
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Hi y'all!
Has anyone ever drafted any ordinance to the city council???
I would love any advice as I am finishing up my ordinance today and need helpful tips! (I have no idea what I'm doing :))
Thanks!
(P.S. Anybody know the difference between primary/accessory chicken keeping???)
 
Best bet is to look to sister ordinances from similar municipalities in your county/state - each state has its own "flavor" in the way code is drafted, and ordinances need to be read as part of a cohesive whole, not in isolation.

Consider these sources to get started -

Comparison

MSU Suggestions, representative ordinance

More considerations, representative samples

etc.

Primary means its the first use of the property. In residential zones, the primary building is usually the house. That's permitted by zoning (subject to various restrictions). Typically, the zoning will allow one or more accessory buildings or uses, incidental to your main purpose and structure. So the property with your house may allow a shed, a pool house, and a dog house. Those are all accessory uses.

Note that a kennel (in the way we think of a boarding operation, or the row kennels you might see at the animal shelter) is generally NOT an "accessory building or use" (in residential zones, anyways). A vet's office and associated keenel for the keeping of animals overnight would be a primary use, most typically.

Hope those examples help.

You should also be aware that larger municipalities often have employees tasked to help in the drafting of new ordinances and legislation, consistent with standards for that Gov't unit. If you are in a large enough area, and have the support of your representative in theory, they may be able to assist by involving that person or department.

and yes, I've helped draft, revise, support, modify, and oppose legislation (not re: chickens) in States all over this nation, some multiple times, plus two foreign countries. On behalf of industry groups. Its not hard, but it is research intensive to do well.
 
Best bet is to look to sister ordinances from similar municipalities in your county/state - each state has its own "flavor" in the way code is drafted, and ordinances need to be read as part of a cohesive whole, not in isolation.

Consider these sources to get started -

Comparison

MSU Suggestions, representative ordinance

More considerations, representative samples

etc.

Primary means its the first use of the property. In residential zones, the primary building is usually the house. That's permitted by zoning (subject to various restrictions). Typically, the zoning will allow one or more accessory buildings or uses, incidental to your main purpose and structure. So the property with your house may allow a shed, a pool house, and a dog house. Those are all accessory uses.

Note that a kennel (in the way we think of a boarding operation, or the row kennels you might see at the animal shelter) is generally NOT an "accessory building or use" (in residential zones, anyways). A vet's office and associated keenel for the keeping of animals overnight would be a primary use, most typically.

Hope those examples help.

You should also be aware that larger municipalities often have employees tasked to help in the drafting of new ordinances and legislation, consistent with standards for that Gov't unit. If you are in a large enough area, and have the support of your representative in theory, they may be able to assist by involving that person or department.

and yes, I've helped draft, revise, support, modify, and oppose legislation (not re: chickens) in States all over this nation, some multiple times, plus two foreign countries. On behalf of industry groups. Its not hard, but it is research intensive to do well.
Thank you so much for the advice!!! ☺️
 
Thank you so much for the advice!!! ☺️
Happy to assist.

You might also google "model chicken keeping legislation" - several states have drafted samples for use as templates, as well as a couple backyard groups. Someone may have already done the work for you.

That can be a real benefit, when you seek to pass the new law, if you can show that other municipalities have passed substantially identical legislation, and are prepared to talk on their subsequent experience, both pro and con.

In my experience, legislation is in two forms. Either very slow to change, with no one wanting to be the first "into the unknown", typically incremental, and knee-jerk emotional responses to some tragedy, travesty, or percieved injustice. Those tend to be named for someone, poorly drafted, and almost never accomplish what they claim, more often repackaged policy proposals that couldn't pass on their own but are somehow tangentially related to the main issue. Closely related is the "campaign donor has a problem" legislation. Rare, in my experience, but it happens.
 

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