Drafting an enforceable but simple backyard chicken ordinance.

[pamster155]

Town of Atlanta Indiana has recently allowed for backyard chickens. They suspended a lengthy, convoluted ordinance to pursue a simpler, more straightforward ordinance. I will be involved in the drafting of the new ordinance and I need help. The main concern at present is how to objectively judge whether a coop/run is non-offensive in regard to cleanliness. How can this be written? Is smell the only factor? I think, from all I've read, that I can keep my own run clean, neat and from smelling foul but I'm not sure I can put that in words.
Simplicity is key, but there has to be a way to deal with the rare few who will refuse to do right by their birds and then become a nuisance, and a way to judge this objectively. Thanks so much for any help.

 

[Tegan]

I would just put it as: "As determined by animal controls judgement." Yeah it's kinda sticky wording (and could bite you on the butt if you get a A/C officer that hates chickens). But it basically leaves room for "common sense" if animals are clean, well cared for and everything looks neat and safe...it's fine. If not...well.....then the officer can say they judged it as not being that.

 

[pamster155]

Thank you for your input. That sounds like a good way for it to be worded.

 

[chfite]

In my experience, hard facts make bad law. As you mentioned, keep it simple, don't define things closely that don't need such. For example, if the neighbors think it smells bad, it must smell bad. If the official thinks so, but the neighbors don't, where are you?

How clean is clean? Most any coop will be in some disarray and have poop around. How would clean be defined, in this light?

The new ordinance here requires a building permit for a coop. Really? A building permit for a coop? If you build a small tool shed for your mower and rakes, none is required. Dog houses don't require a permit. Fortunately, I built my coops prior to the ordinance.

Proximity to others, the requirement that a coop be no closer to something does benefit from meaningful definition. 25 feet from the neighbor's property versus 25 feet from the neighbor's house are two greatly different things. 25 feet from any dwelling would include the owner's dwelling as well. Does this matter; and what benefit derives from making someone keep a coop so far from his own house?

Limits on the number of chickens. Justify the difference between 4 and 8 chickens, 9 or 13. Where do these numbers come from? If you buy chicks from the feed store, they come in increments of 6. How does that fit in? How many dogs can one have?

There are many things in some laws that strike me as being arbitrary and capricious. If you cannot define it, you cannot measure it. If you cannot measure it, you cannot manage it.

Good luck.

Chris

 

[aggiemae]

Google "Salem Oregon Chickens in the Yard". The side has lots of information and advice and a well written (and approved) ordnance.