City zoning Rules?????

Discussion in 'Managing Your Flock' started by backyardgirls, Jul 24, 2007.

  1. backyardgirls

    backyardgirls Out Of The Brooder

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    Jun 13, 2007
    Bakersfield, CA
    I'm worried, I read these posts by people who have been busted for keeping chickens. I'm really attached to my 4 hens, they are so much fun. I looked under the City Municple Code and found only one mention in the code:
    6.08.010 Keeping prohibited—Exception.
    It is unlawful for any person to keep or have under their care, custody or control, either as owner or otherwise, any chickens, ducks, geese, or poultry or fowl of any kind whatsoever, within the city, unless same are kept securely enclosed in a yard or pen at all times.

    My girls are secure in my backyard. I'm just worried that I've overlooked some obscure rule. I've looked at the zoning for my area/lot size and keeping poultry/livestock is not mentioned. The rules start for people who have lot sizes bigger than 1 acre.

    Any advice?
     
  2. 4myHennyPenny

    4myHennyPenny Chillin' With My Peeps

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    Jun 4, 2007
    Colorado
    From what you posted, it sounds to me like you are just fine. After all, it simply says that they must kept securely in an enclosed yard or pen at all times. As long as you are not leaving them out to free range in an unfenced yard, you're golden! [​IMG]
     
  3. SeaChick

    SeaChick Chillin' With My Peeps

    Apr 25, 2007
    Southern Maine
    I'd read carefully.... you may be prohibited under 1 acre if you found reference to rules starting at 1 acre. is it online, can you post a link? I have been reading a lot of these lately for our town research and may be able to help decipher it.

    There are a couple of different places you need to look. One in the zoning/land use area, and then again in animals/fowl section. Be sure to read the definitions sections as well, that's pertinent to deciphering the language.

    Stacey
     
  4. SeaChick

    SeaChick Chillin' With My Peeps

    Apr 25, 2007
    Southern Maine
    OK I founf the Bakersfield Code... I need to know what zone you are in... R1?
     
  5. SeaChick

    SeaChick Chillin' With My Peeps

    Apr 25, 2007
    Southern Maine
    If you're in A zone R1, you can raise chickens on less than one acre as long as not for commercial purposes, I believe: (more to come after I read the rest)


    17.32.020 Uses permitted.
    The following uses are permitted in an A zone:

    A. Any use permitted in the R-1 zone;
    B. Accessory agricultural buildings and uses, including farm buildings, housing for agricultural workers, garages and implement shelters, provided no livestock or any building or enclosure used in connection with livestock shall be located nearer than one hundred feet to the front lot line, nor nearer than fifty feet to any existing dwelling on any contiguous property, nor nearer than one hundred feet to any public park, school, hospital or similar institution;

    C. Hatching, raising and fattening of chickens, turkeys, or other fowl, or poultry or rabbits, fish or frogs for domestic or commercial use; provided, that no commercial poultry pen or coop or commercial rabbitry shall be maintained on a building site containing an area of less than one acre;

    D. Agricultural and horticultural uses including nurseries, greenhouses, orchards, the keeping of one or more beehives or the raising of field crops, tree crops, berry or bush crops, or vegetable or flower gardening on a commercial scale;

    E. The keeping of bovine animals, horses, mules, sheep, goats and hogs (none garbage fed); provided, that the number thereof shall not exceed a number per acre equal to four adult animals in any combination of the foregoing animals and their immature offspring and; provided, that in no event shall there be more than five hogs kept on any premises. (Ord. 2985 § 4, 1985; Ord. 2709 § 1, 1982; prior code § 17.36.020)
     
  6. SeaChick

    SeaChick Chillin' With My Peeps

    Apr 25, 2007
    Southern Maine
    if you're zone RS:

    17.12.010 R-S (residential suburban) zone.
    A. All permitted uses and regulations in the RS zone shall be the same as the R-1 zone, except that the following additional uses are permitted:

    1. Breeding, hatching, raising and keeping of poultry, fowl, rabbits, chinchillas, Vietnamese pot-bellied pigs, fish, frogs and bees for tim domestic use of the resident/occupant of the lot.
    2. Keeping of cattle, sheep, goats, horses, mules and burros in a ratio not exceeding one adult animal of the foregoing for each one-quarter acre of lot area.

    B. The keeping of such fowl and animals shall conform to all other provisions of law governing same.

    C. No fowl or animals, nor any pen, coop, stable, corral or other structure or enclosure housing livestock or poultry shall be kept or maintained within fifty feet of any dwelling or other building used for human habitation; nor within one hundred feet of the front lot line of the lot upon which such animal or structure is located; nor within ten feet of the street side of a corner lot; nor within one hundred feet of any public park, school, hospital, or similar institution.
    D. There shall be no raising, killing or dressing of any such animals or poultry for commercial purposes. (Ord. 3465 § 1, 1992; Ord. 2491 § 1, 1984; Ord. 2698 § 1, 1982; prior code § 17.14.010)
     
  7. SeaChick

    SeaChick Chillin' With My Peeps

    Apr 25, 2007
    Southern Maine
    Other items about chix... hope all this is helpful. Looks good for you though, unless you are in a mobile home park. And heed the setback requirements in the last post: 50' from house, 100' from front lot line, 10' from side street...
    Good luck,
    Stacey

    6.04.230 Keeping noisy animals— Complaints—Investigation.
    A. No person shall keep or maintain, or cause or permit to be kept or maintained upon any premises in the city, or upon any public street, highway, sidewalk, alley, park, playground or other public place in the city, any animal, bird or fowl which by any sound or cry whatsoever unreasonably disturbs the peace and comfort of any neighborhood or interferes with the reasonable and comfortable enjoyment of life or property by any person. Every day during which any person continues to keep or maintain any such animal, bird or fowl shall be a separate violation of this chapter.

    B. It shall be the duty of the chief of police to receive and investigate or cause to be investigated all complaints regarding any animal, bird or fowl being kept or maintained in violation of the provisions of this section, and to enforce the provisions of this chapter. (Ord. 3940 § 1 (part), 1999: Ord. 3256 § 3,1989: prior code § 9.08.240)

    15.68.070 Dogs, cats, pets and livestock.
    Dogs, cats or other pets shall not be permitted to run at large, and poultry and livestock shall not be permitted in any mobile home park. (Prior code § 15.04.055)
     
  8. dusty910

    dusty910 Out Of The Brooder

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    May 9, 2007
    CT River Valley
    Why don't you simply call your town hall's zoning office? Just tell them you have a general question and get the answer from the source and put your mind at ease. That's what I ended up doing after trying to figure out all of the regs on my own. (Gave me a big headache and I still wasn't sure). I was VERY relieved to find out that I was okay - I was so attached to my chicks that I would have been heartbroken had the answer been negative. [​IMG] Yes I know, I should have called FIRST!
     
  9. SandraChick

    SandraChick Chillin' With My Peeps

    dusty-

    Hang around here long enough and you'll find out that many zoning employees are just plain unimformed and wrong more often than you think.

    Look up your regs...document what you need to if necessary (e.g. pics that they are in a well enclosed area).

    Sandra
     

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