Are backyard chicken pets the same as Agricultural Poultry?

6chickens in St. Charles

Songster
10 Years
Mar 25, 2009
1,533
52
181
St. Charles, IL
We live in the city of St Charles, IL where we have a few chickens as pets in our yard. ONE guy who lives 4 blocks away has been gossipping about his belief that its illegal to keep poultry, performing his gossip loudly in front of our house to other residents as we all gather across the street to pick up our little kids from the public school. Our chickens in our fenced yard can clearly be seen from the school. He must have spent HOURS searching the city code for this new code directed at new construction, which specifically states "Agriculture is permitted only on lots of ten(10) acres or more, and the following standards shall be met: 1. No livestock or poultry shall be kept. 2. No retail sales of agricultural products shall be conducted on the premises. 3. Agricultural uses are distinct from private horse stables."

Since we are not conducting any agricultural use of our property, on our lot which is less than 10 acres and we do not produce or sell any agricultural product, that code does not apply to us. (We have been in compliance with the code about animals in existing residential lots for 2 years) If he REALLY believes chickens are the same thing as agricultural poultry, I'd invite him to watch our girls dustbathe & eat my daffodils, producing nothing more than the emptiness in my pocketbook. I don't think the IRS can tax the happiness they produce, which is probably worth more than eggs and pretty feathers anyhow. Is there a legal definition for poultry, livestock, or backyard chickens as pets? I could use a legal definition of the difference. Our fancy, funny little birds were definitely not bred for production of anything more than laughs and oggles.

The code enforcement officer allowed our chickens 2 years ago, based on the wording in the city code which never states chickens are not allowed, but it doesn't have many details about keeping chickens either, except for prohibiting the use of baby chicks as prizes or barter, or for coloring them unnaturally. When we invited him onto our property to see what we wanted to do, he met our pet chickens and gave his verbal approval, and he helped us find the right permits to build the shed and fence we keep the chickens in. He did say, he was aware St. Charles has had a long history of backyard chickens, hence the wording "...unlawful to sell barter or give away any chick or fowl that has been dyed an unnatural color...", and many old coops can be seen in many old yards.

I copied our City Code regarding animals in residential lots in BYC's L.O.R.E. section. The part that allows chickens reads "...except for birds and fish...".
 
At first my husband was prepared to say, "Chicken?! I thought that was a Shi-tzu!" but when the chicks became actual chickens, we called the city to find out what to do next, and were told its OK to have chickens. Our closest aldermen/alderwomen have old coops in their old backyards. Not surprising, this neighborhood is civil war era, lots of the houses are over 130 years old.

So, far as I can tell by regular dictionaries, pet chickens can't be called agriculture unless grown and produced for profitable means. Hence the term "...housewife's egg money". MY CHICKENS ARE SO FAR IN THE RED THEY'LL NEVER BE PROFITABLE
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My sister lives in Westchicago right around the corner from you ( I was the chef for years at St.Andrews) she said join 4h and they can't touch you for the chickens.
Brian
 
Our animal control officer (terribly nice man) says that if they have names and are not used for production, they are "pets" and fine to keep. {Nothing in our town law specifically prohibits backyard chickens.} I'd call your code enforcement office now and check on it.
 
Been to TSC recently?? They sell their chicks and ducklings as 'Agricultural use only". There is a few signs that say that around the chick area.

Although I don't beleive it!! Mine are a backyard flock that are used to feed eggs to... my boyfriend!!! Also I hatch the eggs, and plan to eat a whopping ZERO of my birds!! Solely PETS for me!!
 
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Just off the top of my head, I would say agricultural poultry is when raising lots of chickens for commercial egg production. My uncle did that and he had row after row of buildings that housed egg layers. My cousin, his son, works in Petaluma, CA doing the same thing. But it's best to check with your local muni. for what they say.
 

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