can you help me with my city ordinance?

Discussion in 'Managing Your Flock' started by mirime, Jun 17, 2008.

  1. mirime

    mirime Chillin' With My Peeps

    135
    0
    111
    May 23, 2008
    NE Ohio
    I called the city code guy today..

    We don't have our chicks yet - they're on order, but I wanted to make sure I read the code correctly, so this morning I called our very new town/city code guy and he said NO to my question about having chickens. :mad: He was stressing part (d). I politely asked him why because I didn't see in the code why I couldn't (we don't have a neighbor on one side and the back of our property, and our one neighbor is fine with us having chickens. City code person then stated that the code iS very gray and that if we go ahead, we may get complaints and citations, but maybe not.

    So should we go ahead and start building our coop/run?

    Oh, here's the code for anyone willing to read it. You'd think that if the law was NO that it would state it straight away, right? Sigh.


    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) No person owning, keeping or harboring any animal, livestock or poultry shall permit such animal, livestock or poultry to dig, urinate, defecate or otherwise damage any public property or private property other than the sublot or parcel owned or occupied by such owner, keeper or harborer of such animal, livestock or poultry; provided that this prohibition shall not apply to property onto which such owner, keeper or harborer has the permission of the owner of the property to walk such animal, livestock or poultry, and also provided the person owning, keeping or harboring such animal, livestock or poultry immediately removes all feces deposited by such animal, livestock or poultry and disposes of same in a sanitary manner. A violation of this subsection is a minor misdemeanor.

    (c) No person shall keep or harbor any animal, livestock or poultry within the Municipality which, by frequent and habitual howling, yelping, barking or other activity creates unreasonably loud and disturbing noises of such a character, intensity and duration as to disturb the peace and quiet of the community or as to annoy, disturb or endanger the comfort, repose or health of persons occupying property in the neighborhood.

    (d) No person shall keep or harbor any animal, livestock or poultry in or about an animal shelter adjoining to or abutting upon any lot upon which another person resides or any street or highway, or so near thereto as to constitute a threat to the preservation of the health, safety or general welfare of the public. All places maintained for the harboring or keeping of an animal, livestock or poultry shall be maintained in a clean and sanitary condition free from rats, mice, filth, vermin, rubbish or collection of feces.

    (e) No person owning, keeping or harboring any animal, livestock or poultry shall take, lead or carry such animal, livestock or poultry into any store or place of business, or permit or allow such animal, livestock or poultry to enter any store or place of business within the City except the office of a veterinarian or pet shop or other place of business for the purpose of obtaining services therein offered to such an animal, livestock or poultry, provided, however, this subsection shall not apply to a blind person accompanied by a "seeing eye" dog.

    (f) No person shall own, keep or harbor within this Municipality any animal, livestock or poultry which is vicious or a perennial or continued nuisance or which constitutes a threat to the health or safety of the public. The owner, keeper or harborer of any animal, livestock or poultry determined by a court of appropriate jurisdiction to be vicious or a perennial or continued nuisance, or a threat to the health or safety of the public, shall forthwith remove such animal, livestock or poultry from the Municipality and if such animal, livestock or poultry is not forthwith removed from the Municipality, the Chief of Police may cause the animal, livestock or poultry to be impounded and destroyed.

    (g) No owner or rider shall ride, lead or permit a horse to travel on or traverse any sidewalk, treelawn or lawn area within the City.

    (h) Whoever violates any provision of this section for which a penalty is not otherwise specified, is guilty of a minor misdemeanor for a first offense. For a second offense within one year, such person shall be guilty of a misdemeanor of the fourth degree.

    (i) A violation of any provision of this section shall constitute a nuisance and in addition to any penalty provided herein for such a violation, the nuisance may be abated in the manner provided in the Ohio Revised Code.

    (Ord. 86-65AC. Passed 11-3-86.)
     
  2. Guitartists

    Guitartists Resistance is futile

    Mar 21, 2008
    Michigan
    Seems to me that is saying that you shouldn't build your coop RIGHT next to your neighbors property. Have you spoken with the neighbors? If they don't mind, you shouldn't have any problems. If they make excessive noise... you could run into problems with the "general welfare" part [​IMG]

    Let us know how it goes [​IMG]
     
  3. okiemommy

    okiemommy Mother of 5, Prisoner to None

    May 26, 2008
    Okla-Homa
    ok I read part D and all that says to me(if I am understanding it correctly) is that you cant have the chickens butting up against their yard. SO put the chicken coop up against your house, and not up against any property lines and you should be fine....going back to read the rest.
     
  4. happyhen

    happyhen Chillin' With My Peeps

    673
    1
    151
    May 8, 2008
    Northeastern Ohio
    It sounds like you're going to be a new chicken owner! [​IMG]

    If you don't mind, where are you in NE Ohio? We're near Mentor.
     
  5. Green Moose

    Green Moose Out Of The Brooder

    15
    0
    22
    May 19, 2008
    Groveton, NH
    I would go ahead and build. If your neighbors are ok with it.

    Each of these sections have a "you shall not do such that would cause such." sound to them. Make sure you are keeping them clean, healthy and you have good neighbors. Sounds like the bottom line is that you keep them quiet, unnoticed and don't make a spectacle out of them, you may be ok. Fines come from complaints, you may get a fine - in the end, its up to you.

    ...and don't walk into a store with them, per section (e).

    Moose
     
  6. okiemommy

    okiemommy Mother of 5, Prisoner to None

    May 26, 2008
    Okla-Homa
    ok read the whole thing, and there is no language, specific OR vague that states that you can't have livestock. You just have to make sure they stay in your yard, don't tear up someones property, and they can't be up against someone's property lines.
     
  7. mirime

    mirime Chillin' With My Peeps

    135
    0
    111
    May 23, 2008
    NE Ohio
    Guitartists, I have only one real neighbor (west side) and she's really cool with it! She said that the only thing we couldn't have is peacocks because they sound like kids being killed! The east and south is a parking lot/driveway for a college-owned building that's 100 feet away. So no real neighbors there either.

    Okiemom, good idea!

    Happyhen, we're in Oberlin! My best friend lives in Mentor - so I'm often thataway!

    Greenmoose! [​IMG] Thanks and you made me seriously laugh..yeah, I won't walk around town with a chicken on my shoulder, either!
     
  8. mirime

    mirime Chillin' With My Peeps

    135
    0
    111
    May 23, 2008
    NE Ohio
    Quote:Exactly! You'd think if they were totally anti-chicken/farm animal the first thing would state that! Thanks!

    Now my worry is that code guy is gonna get his panties in a bunch and wanna change the code right away.
     
  9. mirime

    mirime Chillin' With My Peeps

    135
    0
    111
    May 23, 2008
    NE Ohio
    Oh and please know that I have read this ordinance for TWO YEARS while doing my other research on chicken keeping. Why I called the guy this morning .... well I'm a moron, I guess![​IMG]:
     
  10. Peaguy

    Peaguy Chillin' With My Peeps

    312
    7
    151
    Apr 23, 2007
    May,Texas
    The way I read it and I could be wrong... Is that IF you keep poultry or livestock then you MUST be what one would copnsider a RESPONSIBLE owner in so much as you have to maintain the animals and enclosure in a clean/sanitary environment. You MUST keep animals on your property and they CANNOT be a noise problem for your neighbor... hmmm since your neighbor has no problem I would say shoot the moon and do it! Heck get your neighbor to build a coop/run also and then between the two of you you can raise all the different breeds your interested in!
     

BackYard Chickens is proudly sponsored by