City Hens in Southgate Mi. City says they have to go

[toolhawk]

I have done tons of reading here TONS !! Awesome education , City wrote me a warning and I have 12 days to remove , they will write citation oct 12th 2013 , can't go in front of city council until the 16th , I am going to let them write citation to get court date and buy time until I can go in front of council to see about getting code amended , I have had 4 hens for 10 years , very clean but live on a city lot ,privacy fence ,nice quiet neighborhood but new neighbor with yapping dog I think called

610.13 KEEPING OF CERTAIN ANIMALS; PERMIT REQUIRED; SALE OF FOWL AND RABBITS.
(a) No person shall keep or allow to be kept within the City any cows, horses, pigs, goats, pigeons, fowl or other domestic animals or insects, except birds, dogs, domestic felines, or other harmless domestic pets.
(b) No person shall sell, offer for sale, barter or give away baby chickens, ducklings or other fowl under three weeks of age, or rabbits under two months of age, as pets, toys, premiums or novelties, or color, dye, stain or otherwise change the natural color of any baby chicks, ducklings or other fowl or rabbits, or bring or transfer the same into the City. However, nothing in this subsection shall be construed to prohibit the sale or display of such baby chickens, ducklings or other fowl or rabbits in proper facilities by breeders or stores engaged in the business of selling for purposes of commercial breeding and raising.
(c) The City Clerk may suspend any permit granted pursuant to this section when a nuisance as described in this section is being or has been thereby created, and may cause any such nuisance to be abated.
(Ord. 820. Passed 12-28-05.)

I feel code is vague , looking for advise , wordage , help educate me and them on GAAMPS AND RTFA
Thank You
Ray

 

[Granny Hatchet]

their is a new member on here from california called chickenlawyer, wonder if he would help? i lived in sw detroit for 25 yrs and spent a lot of time in southgate, mostly yardsales . some times trick or treating. good times. live in IN. now

 

[Big Bubba]

.
(a) No person shall keep or allow to be kept within the City any cows, horses, pigs, goats, pigeons, fowl or other domestic animals or insects, except birds, dogs, domestic felines, or other harmless domestic pets.

They had a case here that may help. The wording is, indeed, very confusing. First, is a chicken fowl or bird? You can argue that either way. Off base here, but who keeps insects?

So, the case here argued the chickens were basically "pets". Point out your hens are only kept as pets, and not for commercial purposes and you should be safe. Many times laws have an addendum to them explaining what they are attempting to accomplish. They are an explanation of what the purpose of the law is. In this case it looks like they are trying to make sure people don't start a farming business within the city. I assume you aren't selling eggs or poultry.

Let us know how you do. Best of luck.

 

[IwantToKeepChix]

I live in Southgate Michigan and would like to know what happened? did it go through? Did you get to keep your chickens?
We've been wanting a few chickens, just lay some eggs, no roosters, a small chicken coop and we a very nice neighbors I'm sure they wouldn't mind.

 

[JustSay1n]

I have done tons of reading here TONS !! Awesome education , City wrote me a warning and I have 12 days to remove , they will write citation oct 12th 2013 , can't go in front of city council until the 16th , I am going to let them write citation to get court date and buy time until I can go in front of council to see about getting code amended , I have had 4 hens for 10 years , very clean but live on a city lot ,privacy fence ,nice quiet neighborhood but new neighbor with yapping dog I think called

610.13 KEEPING OF CERTAIN ANIMALS; PERMIT REQUIRED; SALE OF FOWL AND RABBITS.
(a) No person shall keep or allow to be kept within the City any cows, horses, pigs, goats, pigeons, fowl or other domestic animals or insects, except birds, dogs, domestic felines, or other harmless domestic pets.
(b) No person shall sell, offer for sale, barter or give away baby chickens, ducklings or other fowl under three weeks of age, or rabbits under two months of age, as pets, toys, premiums or novelties, or color, dye, stain or otherwise change the natural color of any baby chicks, ducklings or other fowl or rabbits, or bring or transfer the same into the City. However, nothing in this subsection shall be construed to prohibit the sale or display of such baby chickens, ducklings or other fowl or rabbits in proper facilities by breeders or stores engaged in the business of selling for purposes of commercial breeding and raising.
(c) The City Clerk may suspend any permit granted pursuant to this section when a nuisance as described in this section is being or has been thereby created, and may cause any such nuisance to be abated.
(Ord. 820. Passed 12-28-05.)

I feel code is vague , looking for advise , wordage , help educate me and them on GAAMPS AND RTFA
Thank You
Ray

Is there a community in southgate that would like to petition the city council to overturn this ordinance? In current times, we have food shortages and being able to collect eggs from chickens is incredibly helpful.

 

[Brooks_]

Is there a community in southgate that would like to petition the city council to overturn this ordinance? In current times, we have food shortages and being able to collect eggs from chickens is incredibly helpful.

Toolhawk hasn't been seen since 2013. You're unlikely to get a reply.

 

[JustSay1n]

I live in Southgate Michigan and would like to know what happened? did it go through? Did you get to keep your chickens?
We've been wanting a few chickens, just lay some eggs, no roosters, a small chicken coop and we a very nice neighbors I'm sure they wouldn't mind.

Same. Is there a community of residents that could petition the City Council about this? It's unreasonable to ban chickens during a food crisis.

 

[U_Stormcrow]

Here is the current Statute. You can seek to change it as you would any other Statute.

While they've not been around for years, I expect Ray lost his appeal. The Statute was not vague, Ray was either being deliberately obtuse, or has no experience reading Statues. Which need to be read not in isolation, but as a coherent body. He quoted the answer himself in the original post. [empahsis mine]

(b) No person shall sell, offer for sale, barter or give away baby chickens, ducklings or other fowl under three weeks of age, or rabbits under two months of age, as pets, toys, premiums or novelties, or color, dye, stain or otherwise change the natural color of any baby chicks, ducklings or other fowl or rabbits, or bring or transfer the same into the City. However, nothing in this subsection shall be construed to prohibit the sale or display of such baby chickens, ducklings or other fowl or rabbits in proper facilities by breeders or stores engaged in the business of selling for purposes of commercial breeding and raising.

The only intelligent reading of that phrase is that the term "fowl" includes chickens, ducks, and like creatures (i.e. turkeys, geese, etc).

One could also read the Definitions Section.

I'll grant that the Ordinance are inartfully crafted, but they aren't vague.

 

[jydjohn0915]

Same. Is there a community of residents that could petition the City Council about this? It's unreasonable to ban chickens during a food crisis.

I have not read everything in this post yet, but I live in Southgate Michigan too, and would love to legally have at least chickens.

 

[jydjohn0915]

Same. Is there a community of residents that could petition the City Council about this? It's unreasonable to ban chickens during a food crisis.

I have not read everything in this post yet, but I live in Southgate Michigan too, and would love to legally have at least chickens.