Anyone in the western suburbs of Chicago?

[nico demouse]

I'm in the western suburbs of Chicago (Lombard, specifically) and in the process of getting together a group of people to try and change our ordinances to allow chickens.

Is there anyone here from my area? I'd love to hear from people nearby who either have chickens or are familiar with the rules in other communities. I know Warrenville recently changed their ordinances to allow hens. I know Naperville also allows them and of course backyard chickens are legal in the city.

To get started we are:

Researching ordinances in neighboring/nearby towns.

Researching news stories in local media about backyard chickens.

Finding like minded people.

I'd love to hear from other people who have successfully changed their towns ordinances about best ways to proceed.

Here is the text from our village code, I don't see any wiggle room here:

(B) It is unlawful to maintain any stable or place for the maintenance of any cattle, horses, sheep, goats, pigs or swine, pigeons (except for carrier/racing pigeons), or poultry, or to house any such animals within the village, except in conjunction with the use of such animals in experimental laboratories.

(C) It is unlawful for any person to keep, cause or permit to be kept:
(1) livestock upon any residentially zoned premises within the Village or;
(2) any structure or place for the retaining, care, or shelter of any fowl or animals in an unclean, unsanitary, or filthy condition so as to produce and give offensive or disgusting, harmful, injurious, or noxious odors.

 

[All about the EGG]

Does the code have anything written about pot belly pigs?

 

[theFox]

Quote:
They are pigs correct? Then the regulation says no.

However does the town actually have the power to regulate what they are regulating. You need to look at the state laws as well.

 

[nico demouse]

Quote:
They are pigs correct? Then the regulation says no.

However does the town actually have the power to regulate what they are regulating. You need to look at the state laws as well.

All about the Egg,

I'm not sure I understand. What state laws would I look at to determine whether or not my village can regulate keeping of certain animals? To the best of my (limited) understanding, Illinois does not have a broad "Right to Farm Act" such as that in Michigan. I'm assuming I would be looking for state laws related to powers granted to municipalities?

 

[All about the EGG]

Well if there is an amendment to keeping pot bellied pigs, then there is hope you can have one for chickens. In the early 1990's, pot bellied pigs became very popular pets. But they were regulated as "pigs" or "swine." Then, folks petitioned to get them allowed as pets. Catch my drift??

 

[nico demouse]

Quote:
No, unfortunately there is nothing in the code about pot bellied pigs. The code specifically forbids swine. No other mention of pigs.

I don't think there is much wiggle room in this code. My town is a fairly conservative one, so I'm hoping if we approach this as a personal liberty issue, contrast the chicken laws with dog/cat laws, and show how common chicken misconceptions and concerns are either unfounded or adequately addressed by other ordinances (noise ordinances, nuisance ordinances) that we will have success. I hope, anyway.

 

[theFox]

The only wiggle room in the code would be if the jurisdiction you are in does not actually have the power under state law to do what it is attempting to do.

There doesn't have to be a so called right to farm act.

For example a small town not far from here permitted a developer to do some work.

The only problem was the town had no legal authority to do what they did.

Both the town and the developer got called out and wound up paying hefty fines and the developer had to re-mediate the work they had done. Many, many $$$$$$ down the drain.

 

[fla_native]

Unfortunately . Illinois is a preemption state. Basically, this means that a county or city can make any law they wish .
Example, Illinois law says that you can own/purchase handguns(sort of).....Chicago says that you cant.

As opposed to say, Florida where the state says you can own a weapon and the cities cant pass laws that are contrary. Just one of many reasons I moved back to Florida!

 

[All about the EGG]

Quote:
Sure I see how this relates...

 

[theFox]

Quote:
If Illinois law says that only the state can determine what uses may be made of each class of land, then the city has no authority to say what you can or can not do with a particular class of land.

In fact the city would be in violation of state law if they even attempted too do it.

This is not the same as a city passing a more restrictive law than the state has.

In this case the city has zero authority to do what it did.

Further the state's constitution can also weigh in on things.

It would not be out of the realm of possibilities that the whole set of laws might be unconstitutional as far as the state of Illinois is concerned.

Just because you read an ordinance that some burg has on the books that doesn't mean it is scribed in marble over the Supreme Courts Doorway.