City of Massillon Ohio chicken laws

[sbutera89]

MaBe sorry that wasn't me but I appreciate your support!! Where is the link that you posted? I would like to read it!

MichAttorney this is my same argument. I don't get how they can say an animal is running at large when it is on my private fenced in land?? There is also another ordinance that specifically says the animals that are not allowed in the city and chickens is not one of them. If they were really "illegal" wouldn't they be in that ordinance too?

505.14 KEEPING OF CERTAIN ANIMALS PROHIBITED.
(a) No person shall keep any swine, goat, sheep or bovine upon any premises not directly connected with any part of slaughtering establishment or stockyard or premises zoned agricultural, and in no event shall swine, goat or bovine either in pastures or in stables be kept nearer than 200 feet to a house or other structure used in whole or in part as a place of human habitation or to any place where food is prepared, placed or kept for commercial purposes or sold. No horses or mules either in pasture or in stables shall be kept nearer than 200 feet to a house or other structure used in whole or part as a place of human habitation or to any place where food is prepared, placed or kept for commercial purposes or sold. The provisions of this subsection may be waived pursuant to subsection (e).

(b) No person shall knowingly keep, maintain or have in his possession or under his control within the City any dangerous or carnivorous wild animal or reptile, any vicious or dangerous domesticated animal, or any other animal or reptile of wild, vicious or dangerous propensities, except to the extent that an exemption may be applicable pursuant to subsections (d) or (e), below. As used in this section dangerous or vicious animal means and includes the following:
(1) Any animal with a known propensity, tendency or disposition to attack unprovoked, to cause injury or to otherwise endanger the safety of human beings or domestic animals; or
(2) Any animal which attacks a human being or domestic animal without provocation; or
(3) Any animal owned or harbored primarily or in part for the purpose of fighting or any animal trained for fighting.

The list is really long for all the animals but no where does it say chickens!

 

[MichAttorney]

You might want to take a look at these statutes ... http://codes.ohio.gov/orc/519

In particular, section 519.21, paragraph (B).
Quote:
First, if you don't live in a platted subdivision or on one of 15 contiguous lots as established by the cited code sections, then they can't regulate you, period.

Second, since you said that you have about 2 acres of land, then under paragraph (B)(3) the only way that they can regulate poultry husbandry is if your land meets the requirements within the remainder of that section.

Hope that helps ...

 

[MichAttorney]

Also, looking at an aerial map of Massillon on Google maps, and the way the city is laid out, I can only imagine that you are not in a platted subdivision since it looks like there are no subdivisions with 2 acre lots. It looks like you would have had to have purchased the property more towards the western outskirts where there are farms right down the street(s).

If you don't live in any type of platted subdivision (or unplatted division of land under 711.131) then you would have to raise a defense that the ordinance cannot be enforced because it is in violation of 519.21.

 

[sbutera89]

So even though the city of Massillon has their own set of ordinances they still have to go through the Ohio Revised Code? And yes I am on the very west side of Massillon. I am .1 miles away from the city limits and there are cows not even a half a mile away from me. I tried telling code enforcement that but they didn't seem to care since I was still in city limits.

 

[MichAttorney]

Yes, the City must follow the Revised Code. The City only has zoning powers as given to them by the state - the state is the sovereign entity here and has the power to establish cities and towns and afford them powers to pass ordinances. A city does not have an inherent right to zone, except to the extent that the state law allows it. You must consult an attorney in Ohio to verify this but that's my reading of the statute. It looks like you might have a good case for swatting them down.

Just because a city passes an ordinance doesn't make it valid. If the statute violates the law then you can generally seek an injunction against its enforcement.

 

[sbutera89]

I'm going to the city council meeting tonight, is this something I should bring up?

 

[MichAttorney]

I'm not sure what purpose would be served by going to the city council would do ... they don't enforce the laws. You cannot be fooled into thinking that just because some council person is listening that that means anything. You have to answer any ticket/complaint. This is something that will have to be dealt with in court and actually defending the action. Was the notice that they posted an actual summons to court for a violation, or was it some notice that you had so much time to fix the problem?

 

[sbutera89]

Well it all started with the stupid complaint and I received 2 notices that were just door hangers that said we weren't allowed to raise chickens in the city. I contacted the code enforcement officer and said I was going to contact my councilwoman to discuss the unclear ordinance and that I was not going to get rid of the chickens. He preceded to send me an actual letter stating the ordinance and telling me to get rid of them again. Then last week I received a letter from the prosecutor saying the building department informed him that we were against ordinance and stated "You MUST comply with Massillon City Ordinance 505.01 and arrangements for a re-inspection must be made within ten days of this letter to avoid prosecution. Whoever violates this section is guilty of a minor misdemeanor and may be subject to court costs and financial sanctions."

At the council meeting last night my councilwoman told me that she was going to bring up this whole thing at the meeting next Monday. When I went in front of council they seemed very accepting of the idea of taking a look at the ordinance and also told me to contact the Massillon Director of Law. Right before I left I was approached by a man that works for our local newspaper and wanted to do a story on this whole thing. I feel like I'm slowly on the right path... but I really think this code enforcement officer is going to try his best to win.

 

[MichAttorney]

Shannon, are you in a platted subdivision? If not, then you must write a polite (but assertive) letter that the ordinance cannot apply to you because the city ordinance violates the statute and that you will vigorously defend yourself. I would contact an attorney to help you and have him write the letter.

 

[sbutera89]

I don't think I'm in a platted subdivision but who knows in this city!! I did talk to an attorney yesterday. He was completely on my side about everything and said that the ordinance needs to be clearer and it was even hard for him to make sense of it. There is another person going to court on the 23rd of this month for chickens as well and he said to wait to see the outcome of that. Guess I'll see what the prosecutor has to say to me.