Hi all, Hope you all don't take this wrong but, you need to read up!!

Discussion in 'Local Chicken Laws & Ordinances (and how to change' started by Brokenegg, Jan 29, 2009.

  1. Brokenegg

    Brokenegg Out Of The Brooder

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    A code or Ordanance is not a Law. A law is created at the state level. There is a law that gives city's a right to Enforce Ordanances/Codes, Not Laws. The city is only exercising their right to enforce or make you fall in line.
    A state law Trump's any ordanance/code and a federal law Trump's a state law.
    In Michigan, We have a state law that Trumps any city's code or ordanance, when wanting to raise animals or CHICKENS, It is called the Michigan's right to farm Law.
    The city's won't admit it exists, they will act like you are crazy if you tell them about it, but , It is a real and simple Law. The city's are scared to death that people are going to find out about it.
    The Law say's that if you raise chickens for there meat, eggs or to breed [ not just pets] and sell or intend to sell some or all of what you produce and practice GAAMP's, YOU ARE A FARM, Anywhere in michigan and the supreme court say's Even if you live in a trailer park. And the city is not allowed to Interfer with you in anyway, Ordanace's no longer apply to you.
    GAAMP's means- Generally Excepted agricultural practices , if you have less than 1500 chickens the GAAMP's are what ever you deem to be, how you raise them and use the poop is up to you but you are still considered to be practiceing GAAMp's so if anyone ask's, you do practice GAAMP's.
    All you people should get together, Get your chicken's and then get together once a year and you buy a chick from them and then they buy a bird from you. There is nothing in the law that states any amount that you have to sell only that you will sell or have sold.
    Even if you put a sign on your mail box that say's Fresh Eggs forsale. $20/dozen, you won't sell many but that does make you commercial in nature?
    The city will still come out, maybe beat you up a little but fear is what they will try to use to get you to give it up, but they know you are in your right's. They can only win if you give up. When they give you a ticket. go to court! They will probably drop the ticket before court but if they don't .... Actually you will go infront of a magistrate, Tell him that you Raise chickens for their eggs and some you keep and some you sell and that you practice GAAMP's. Then hand him a copy of the Right to farm Law and you shouldn't even be there. He should look at the law and drop the ticket. This has happened many times now and most city's and courts now know that you will win and can only hope to scare you into giving up.
    Please go to the state of Michigan Web site, In the search box type in Right to farm, then click on the veiw a copy of the Law and print a couple of copy's to read in your spare time. You are going to be supprised. Just for fun, call your Zoning guy and Ask him, have you ever heard of the right to farm Law? as the beads of sweat build on his fore head he will come up with a hundred reasons why it don't apply to you, He is Wrong! The law is very simple and real easy to read.
    Know your rights, get smarter than they think you are!!
    Also, google " Michigan, supreme court Decisions, chickens, Belleville and read what the supreme court say's about the right to farm law.
    Destiny Farm in brighton has a web site with links to all the Info on the right to farm, they went thru it and won. www.destinyfarmgardens.com
    Michigan has the strongest right to farm law in the USA , know it, use it!!

    Hi all, I thought I'd better clarify, You must read each Law, federal or state, Each law is writen to do a specific purpose, Some federal laws do say that it is the minimum and the stricter of the two takes precidence. But the ferderal gov. only makes laws that effect the whole country not things such as Agriculture unless you cross state lines with what you produce. They won't get involved in state matters.

    In the Michigan Version of the right to farm law, They saw it fit to make the law as simple as possible and included in the law that the intent of the law was to exclude any control by local goverments on any person wanting to raise food. Also, when they wrote the law, They left out things that keeps city's from useing other laws against the farmer. They purposely left out any thing about size, zoning or how much you have to sell so they couldn't be twisted. Every word is important in the law , read every word and think of the meaning as you read, it says alot in few words.
    none of the other states used this language in their versions so now the law gets torn apart by every city that wants to beat up a farmer for something like, Your pigs stink to much? Duh?

    Also another thing that most people in michigan don't know about is that the only thing that you can build on your property without a permit of any kind is a chicken coop or any building used in the production of Agriculture. If you look at any city's building codes you will not find it but if you go to the state's web site it's there. It is also the only structure that you can build that is considered to be temporary so you shouldn't be charged property tax's for having it.
     
    Last edited: Jan 29, 2009
  2. gumpsgirl

    gumpsgirl Overrun With Chickens Premium Member

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    Very good information! Thanks for sharing that. [​IMG]
     
  3. buttons

    buttons Out Of The Brooder

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    Jan 21, 2009
    awsume I'm sure this will help people.
     
  4. redhen

    redhen Kiss My Grits... Premium Member

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    Western MA
    hi..this has nothing to do with chickens..but..along ths same lines..sort of...when i first got my pot belly piglet...i started to get worried about my town laws and such about having pigs....so, i called the town hall and the lady i spoke to said...yes, you can have them...and i said..oh..okay...so, the town of *my towns name* allows pigs then? she said its actually an old Mass Blue Book law that allows people to have pigs and their pens in their yard in our state...the town didnt have a say...so, i think you are right! and so now, i'm going to check my STATES laws on chickens....the heck with my town!...question though...if my state says i can have them..but my town says no....or they have all kind of silly rules reguarding them......will my states law trump the towns regulations??? thanks!
     
    Last edited: Jan 29, 2009
  5. cluckychick

    cluckychick Chillin' With My Peeps

    Mar 29, 2008
    South of KCMO
    All fifty states have some version of a “right to farm” statute. It's interesting reading [​IMG]
     
  6. the1much

    the1much Currently Birdless Hippy

    i thought the way the federal law reads,, is that the strictest law is the law that superceeds the lessor.if federal law says you can have 50 chickens, but your local law says 25, and your city ordinence says 10,, then you have to go by 10.
     
  7. redhen

    redhen Kiss My Grits... Premium Member

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    Western MA
    Quote:DANG! I HOPE NOT! [​IMG]
     
  8. crazychicken

    crazychicken Chillin' With My Peeps

    Sep 11, 2008
    NC
    I seached North Carolinas and found nothing but this

    Almond Crusted Chicken
    Microsoft Word - 8-Five fun ways to actively support local agriculture.doc
    Outline of Family and Children's Medicaid Manual

    I must be looking in the wrong place if anybody finds something like this in NC let me know. because we really need a bigger house but me and my unwillingness to part with my chickens is holding us in place. but if state laws can trump city or town ordinances it won't matter where we go.
     
  9. 98 gt

    98 gt a man of many... chickens

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    Marshville NC
    Plus you might get $20 for a dozen eggs...[​IMG]
     
  10. cluckychick

    cluckychick Chillin' With My Peeps

    Mar 29, 2008
    South of KCMO

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