Confused...what does this law mean? How would you interpert this?

[chickypeep]

Quote:
That's what my realtor basically said, that she thought I could. Here's what she said: "She said if you had 3 acres you could have 25 birds per acre, when I asked what about only a few on one acre, she said she could only tell me what the law says.". I said this back to her and am waiting for her reply:

"The law for Wawarsing says: "(2) The keeping of adult or fully grown fowl such as chickens, ducks, geese or other birds, excluding pet birds kept within a dwelling, on more than three acres of land in a RU Rural District, provided that no more than 25 birds per acre are maintained.". Does that mean I need 3 acres? It sure seems that way? You would think the whole "25 birds per acre are maintained" should be applied to anyone with 1 to 2 acres also, but the wording is so vauge I'm not sure, but when I asked some people online on a chicken forum they said sounded like I needed 3 acres based on the law. I hope that's not the case, although it's not the end of the world or anything if I can't get chickens it was something I was thinking would be nice to do next spring so I could have fresh eggs of course lol, and have the kids watch a chick hatch from an egg, and then grow into a chicken.

I appreciate you looking into this. How would you interpert this law by the wording? I think it could almost go either way, but not sure?".

Hoping a simple phone call will solve this like you said, but if not I'm willing to go to the Planning Board meting.

ETA-fixed typo of town name

 

[cowmilker1958]

It means you don't fit the requirements to have poultry on your property. You have to have no less than 3 acres to keep poultry on your property. you can be forced to rid your animals from your property.

 

[chickypeep]

Quote:
I think the "excluding pet birds kept within a dwelling," might be a loop hole. The chickens will be pets. I would not ask anyone, or go to neighbors. If you start asking around, folks might decide they don't want chickens. Just go for it.

Yeah, true the neighbors might say no to it. I had the realtor tell my husband we could ask the neighbors if they'd mind us havig chickens, which I wasn't very keen on having to ask my new neighbors for permission to own chickens on my own land lol. I mean I'd probably seem like some werido....hello I'm Mrs. Blankty blank I just moved into the house next door and was wondering if you care if I get chickens? Yeah, that's the way I want to start my 1st convo w/my neighbors

not. The will be in a "dwelling" the coop is a dwelling, so wondering if the law simply means you can't have your chickens free ranging all over your yard if you have less than 3acres and only 25 chickens per acre should be roaming? I'm guessing I'll have to attach a large run w/fencing to my coop so that they will still be in the "dwelling" techicnally? I want the chickens to not be constantly cooped up lol, pun intended.

 

[chickypeep]

Quote:
So you think it means I can't have them? Some say yes, some say no. Hmmm....I'm going to see if I can find the phone number and call them to see what they say. Thanks for your input, the wording on this law is so vauge it can be interperted many different ways I think.

 

[chickypeep]

UGHH I'm so mad!!

I just talked to the Planning Board and the lady told me she already talked to my realtor and that she told her the same thing (so of course I look like an idiot),but my realtor made it seem like via her email that I might be able to. Well, I was told no I need to have at least 3 acres! "3 ACRES" for chickens...man I had hoped that I was reading the codes & laws wrong or something. She said that I'd have to go "pick up a form to ask for a varience in my area" and have it all ready to go in front of the committe before their next meeting. She said also I'd have to provide I had a "hardship" and provide my reason for wanting the excpetion etc. Now, I feel like the crazy cat lady(old lady w/hundrends of cats...it's a joke everyone so please don't get mad by the comparsion) only w/chickens, being like hey everyone I just moved here and was wanting it to be allowed for chickens on less than 3 acres lol! HELP!! What do I say on this form and at the meeting? I don't understand why I have to explain I want chickens, why should anyone have to explain something like this, it's a no brainer. Maybe, I should just give up the lady seemed pretty annoyed she even made me tell her my name and the address for where I wanted to do this....this makes me think they will be watching my house closely to see if I do it. I might has well said Hi, I want to do something illegal and here's my address lol! The lady has my name and adress and everything so even if I wanted to do this all stealth

w/o being allowed to, not that I would try to do that....I can't! What would you all do and say in this situation?

 

[chickypeep]

I just got an email back from my realtor saying this: "It's not so much the law as how Chris said it.....When I asked if you could have a few chickens, she said she could only tell me the law. That led me to believe that if none of the neighbors cared, having a few chickens wouldn't be a big deal. There are people in Cold Spring, in town, that have 5 chickens in their front yard! And someone in the office knows someone in Beacon that has chickens, and they don't even have 1/2 acre.....

So my advice would be to wait awhile and see if anyone near by has any....kind of feel out the situation....".

I said this back: "I just talked to Chris from the Planning Board of Wawarsing she said she already talked to you and said no, unless I had 3 acres of land. She flat out told me no, that I had to have at least 3 acres and needed to pick up a form fill it out and go in front of the board explaining why I want them and I'd have to have a hardship. So I don't know how any of those people "legally" have chickens on their properties. Did all of these people have to go in front of a board and explain themselves and plead their cases? I thought the code was left open enough in the way it was written that someone with 1 acre would have up to 25 chickens being the whole "25 chickens per acre" rule and that 3 acres was some sort of example."

What do you all think of this?

 

[gmendoza]

Illegal chickens rock! Many have them on here.I wouldnt follow this advice,just take it under" advisement" LOL!

We here in Rock Hill,SC have this law:

Sec. 6-1. - Injuring or destroying animal belonging to other person.

No person shall, within the city, willfully, unlawfully and maliciously cut, shoot, maim, wound or otherwise injure or destroy any animal, the property of another person.

(Code 1981, § 6-1
Sec. 6-2. - Cruelty to animals.

(a)
Prohibited. Every owner, possessor or other person having the charge or custody of any animal who:

(1)
Cruelly drives or works the animal when unfit for labor;

(2)
Cruelly abandons the animal;

(3)
Carries the animal or causes the animal to be carried in or upon any vehicle or otherwise in an unnecessarily cruel or inhumane manner; or

(4)
Knowingly or willfully authorizes or permits the animal to be subjected to unnecessary torture, suffering or cruelty of any kind;

shall, for every such offense, be guilty of a misdemeanor.

(b)
Payment of portion of fines to SPCA. One-half of all fines collected on a conviction upon a charge of a violation of subsection (a) of this section, on evidence furnished by the South Carolina Society for the Prevention of Cruelty to Animals, shall be paid over to the treasurer of such society in the county in aid of the benevolent objects for which it was incorporated.

(Code 1981, §§ 6-2 , 6-3
State law reference— Cruelty to animals, S.C. Code 1976, § 47-1-10 et seq.

Sec. 6-3. - Animals and fowl running at large.

It shall be unlawful for any person to permit any animal or fowl other than cats to run at large upon the streets or on the property of another within the city.

(Code 1981, § 6-4
Cross reference— Streets, sidewalks and other public places, ch. 26
Sec. 6-4. - Keeping fowl near dwelling house.

It shall be unlawful for any person to construct and maintain any poultry yard or poultry house where poultry is kept or maintained within a distance of 30 feet from any dwelling house in the city.

(Code 1981, § 6-5
Sec. 6-5. - Keeping fowl where food exposed for sale.

No person shall keep any live chickens, geese, ducks, turkeys or like fowl inside any building where food is exposed for sale. Such live fowl may be kept in a coop or pen located outside such building.

(Code 1981, § 6-6
Sec. 6-6. - Killing or dressing fowl where food exposed for sale.

It shall be unlawful for any person to kill or dress any chicken, fowl, turkey, goose, duck or other like fowl within the area of any building where food is exposed for sale to the public.

(Code 1981, § 6-7
Sec. 6-7. - Animal fighting.

It shall be unlawful for any person to cause any animal or fowl or to allow any animal or fowl owned by him to fight within the city. It shall be unlawful for any person to aid or abet any such fight by his presence or otherwise.

(Code 1981, § 6-8
Sec. 6-8. - City designated bird sanctuary.

The territory embraced within the city is hereby constituted a bird sanctuary, and it shall be unlawful for any person to kill, injure, harm or molest any bird or to destroy, injure, rob or molest the eggs or nests or breeding places of any birds within such area. This section shall not apply to destructive birds as defined in S.C. Code 1976, § 50-1-30, with the exception of the eagle, to which this section shall apply; nor shall this section apply to the starling or the pigeon.

(Code 1981, § 6-9)

Secs. 6-9—6-30. - Reserved.

Ours doesnt state how many chickens I can have and I have over 60 now!!!

 

[chickypeep]

Quote:
I just don't want to get in trouble, be fined have the chickens taken away or any possible criminal charges. This lady knows my name and address for goodness sake. It'd be harder fo me to illegally have chickens w/them knowing I had asked the rules and then willfully disobeyed them ya know? I'm glad you're able to have so many chickens and not get in trouble for it, I worry about my new neighbors ratting me out and or now that I told the Planning Board my info them having a cop come check up on me or something.

 

[chickypeep]

So my realtor just told me to fall off the radar and then see if any neighbors have chickens and if they do go from there lol. Wow, so anyone know how to do this stealth

possibly next spring? Honestly, though not sure how I feel about doing that. I think I should go about it the legal way by going to a meetingand filling out a form, or like one poster said have them in the coop with a large fenced in run and call that a "dwelling" hehe

. Maybe, the loop hole way will be my best bet? I know I would just love to go through the whole chick

to chicken

experience w/my kids.

Anymore input on the law and the loop holes is greatly appreciated!

 

[chickypeep]

Quote:
The defination the site for a dwellng is this:
"DWELLING
A building designed or used as the living quarters for one or more families. The term "dwelling" shall include seasonal homes and mobile homes provided that they meet all the requirements of this chapter, the building code, and all other regulations or ordinances applicable to dwellings.".

So I wonder if that matters being a coop isn't my house going accoording to the defination of what is considered a dewlling? I would think a coop should be considered the pets dewlling like you said though right?