Houston, TX: Pursuing a Medical Chicken Permit

[sminfiddle]

Quote:
I've a mind to, but BARC enforces when they get complaints.
DW reminds me that we have Mr Biddybody down the lane and how he loves to "turn folks in just for the fun of it"

Since there IS a legal procedure in place to get a Chicken Permit, I'd like to give it a go (and maybe this will spur said Health Officer to recommend changing the law) -

"...and here is my Chicken Hen Permit, officer. Anything else I can do for ya today? Here, take a homegrown Tilapia with you and a fresh half dozen- Blue or brown? No, it's my pleasure and come back any time!"

 

[AZKat]

Quote:
My point (sorry if I was unclear) was that since keeping chickens is already allowed under some circumstances (and there are apparently also a number of people with illegal chickens) it might be worth trying to get the law changed, so that chickens are allowed outright, rather than trying to find a doctor wiling to write a sketchy prescription.

 

[sminfiddle]

Quote:
Thanks for responding.
I wholeheartedly agree with the first part!

The second part makes me sound like Rush Limbaugh!

I want to be clear too: I am not shopping for a prescription. I would like help in defining possibly applicable health issues that would benefit from eggs. As a conversation starter with our various real family doctors. I don't know if "to provide a quality source of dietary iron" is still operable under the current wisdom...

You could probably count the number of medically-granted Houston Chicken Permits on the fingers of one fist, but the law is there since 1968.

See, I expect it might take a while to change the old law... I was thinking I could jump thru the hoops for a permit, documenting along the way the good, the bad and the ugly about the process. Get legal, get hens next spring, then do the activist stuff.

The Permit would override the 100-foot restriction, which the "show clause" does not. And I don't need a rooster or more than 7 hens, but I don't have a 100-foot-from-neighbors zone on my lot.

 

[Sonoran Silkies]

Liver provides a quality source of dietary iron.

I think the hard part is proving that you need to "grow" your own eggs for health reasons. Sure you could make a case why the 99 cent a dozen (or whatever they charge--I don't even look) regular eggs from the grocery are inadequate, but they look at all the cage-free, free-range, pastured, vegetarian, all-natural, organic, low cholesterol, etc. ones available at higher cost. Or consider farmer's markets if there are any/many in your area. You need to figure out why all those are inadequate.

 

[sminfiddle]

Quote:
Yes SS, we think alike. And my eggs are delivered by my CSA. And I could also get them at any number of such outlets that weren't there in 1968.
BUT (this is a Big Fuzzy Chicken But), I don't see that written in the code. If it ain't in there, it shouldn't be a Legal consideration.
I agree that it is a reasonable argument to say that in 2009 you do not have to grow your own to get the freshness/quality... but that's "reason" separate from "the Law" right?

I don't know where this will take me, I don't know how the Health Officer personally feels about chickens and their basic attitude will affect the outcome a great deal. If they look at the letter of the law, the availability of FR eggs is not something that the code says is considered.

Nice old patina on that statute! I do wanna change it, but still. I'd like to hold the last Medical Chicken Permit in Houston.

(Heh. Medicinal Amaraucanas.)

Ahem. So "Changing the Houston Law" will be a different thread (what distance should be the minimum setback? assume No Roosters or judge by nuisance level case-by-case? Etc. Big topic on its own...)

 

[Sonoran Silkies]

I personally don't think there should be separate setbacks for any particular use. If the setback for a storage shed is 20', then the setback for your coop should be the same. The birds should be allowed to free range in your yard as long as they are not wandering into neighbor's yards.

Nuisances should be addressed per the nuisance, be it noise, odor, noxious weeds, etc., not the cause of the nuisance. If you can build a soundproof chicken coop so that a roosters middle of the night and o-dark-hundred crowing cannot be easily heard by neighbors, then you should be allowed to have roosters.

Here is my city's noise ordinance: http://www.tempe.gov/citycode/20noise.htm

In particular

Sec. 20-6. Allowable noise levels.

(a) It is unlawful for any person to create any noise which would cause the noise level measured at either the property line or the area of the property affected by the noise emission to exceed the following community noise standards:

Noise Standard
Zone Time dB(A)


Residential 10:00 p.m. — 7:00 a.m. 45
7:00 a.m. — 10:00 p.m. 55

Commercial 10:00 p.m. — 7:00 a.m. 55
7:00 a.m. — 10:00 p.m. 65

Industrial 10:00 p.m. — 7:00 a.m. 60
7:00 a.m. — 10:00 p.m. 70

(b) If the measurement location is on a boundary between two (2) zoning districts, the lower noise standard shall apply.

(c) If the ambient noise level in a residential zoned location is measured and found to be forty (40) dB(A) or less between the hours of 10:00 p.m. and 7:00 a.m., then the actual ambient noise level will be community noise standard.

(d) If the ambient noise level in any zoning district is measured and found at any time to be in excess of the community noise standards described in subsection (a) of this section, then the actual ambient noise level will be the community noise standard.

(e) A noise level which exceeds the community noise standard by five (5) dB(A) or more, when measured at the affected area, the nearest property line, or, in the case of multiple-family residential buildings, when measured anywhere in one dwelling unit with respect to a noise emanating from another dwelling unit or from common space in the same building, shall be deemed a prima facie violation of this chapter.

and

Sec. 20-11. Unnecessary noise.

(a) Notwithstanding any other provision of this chapter, and in addition thereto, it shall be unlawful for any person without justification to make or continue, or cause or permit to be made or continued, any unnecessary, excessive or offensive noise which disturbs the peace or quiet of any neighborhood or which causes discomfort or annoyance to any reasonable person of normal sensitiveness residing in the area.

(b) The factors which will be considered in determining whether a violation of the provisions of this section exists will include, but not be limited to, the following:

(1) The volume of noise;
(2) The intensity of the noise;
(3) Whether the nature of the noise is usual or unusual;
(4) Whether the origin of the noise is natural or unnatural;
(5) The volume and intensity of the background noise, if any;
(6) The proximity of the noise to residential sleeping facilities;
(7) The nature and zoning of the area within which the noise emanates;
(8) The density of the inhabitation of the area within which the noise emanates;
(9) The time of the day or night the noise occurs;
(10) The duration of the noise;
(11) Whether the noise is recurrent, intermittent or constant;
(12) Whether the noise is produced by a commercial or noncommercial activity;
(13) Whether it is a pure tone noise; or
(14) Whether it is an impulse noise.​

 

[galanie]

I know this is an old thread but thank you very much for the information. Another site summed up the law pretty well with "Up to 30 chickens allowed. Chickens must be kept 100 feet from neighboring properties." (this is slightly incorrect, however. The law states "actual residence" not "property" - huge difference)

But seeing the actual ordinances or laws is more helpful. As my lot is 125x250 and my coops are well over 100ft from a residence (including my own), I am pleased to know I can have more than 30 chickens. (Not that I would - chicken math non-withstanding

). Also that I can have a rooster if I wish. Not sure if I will, but nice to finally know I have the option.

I hope the OP was able to get things worked out, though.

 

[sminfiddle]

I have gotten correspondence from the Health Officer - officer will proceed with an inspection upon receipt of a doctor's note showing a medical need for unfertilized eggs. Between the lines was his skepticism about anyone actually coming up with a note.
I still plan to pursue this long-term but I have no chicken facilities to inspect yet.

Instead I have pursued another sustainability exercise - a backyard catfish project - and have been very successful. OK, they don't produce daily eggs, but my 24 catfish are thriving, will make several meals of good quality meat, and my initial 300-gallon aquaponic filter has the water nice and clean for them and I have been picking vegetables from it. I have a second 300-gallon "filter" (they are big huge flowerpots with gravel really) ready to be filled and each time I bring another one on line I will add 300 gallons of fish water and 30-40 catfish.
The catfish are totally cute, you just can't hold them on your lap. My goldfish are still in the pond and they are getting (too) fat on the catfish food.
I will update this Houston Law thread with any news. In the meantime my pond / garden details are HERE if you want to check it out. And HERE too for mainly the pictures.

Rick

 

[CJKrebs]

Any more news about the Health Permit? I'm in Houston and would love to have hens but I'd rather work on rewriting the law to make it easier, safer and less stressful for everyone to have a small backyard flock... without having to muddle through the exceptions.

I'm new to chickens in Houston, though... is there anyone who would want to work to change the Houston chicken laws?

 

[sminfiddle]

If you want to muddle thru a law change instead of muddling thru a loophole, you are in the right forum!
I don't have anything newer than the below response from Animal Control (BARC) in May of 2010.

Probably could start with the following to find out the current laws / rules / enforcement (The Supervisor copied the following City workers in his response):

Darden, Bobbie - BARC <[email protected]>
Mears, Jarrad - BARC <[email protected]>

Mr. O______,
Please submit written original certification for your serious health condition requiring unfertilized chicken eggs to me. As you know, the certification must be from a licensed physician. Please provide an address for the property as well. An Animal Control Supervisor will evaluate your request.
Best Regards,
Chris Glaser
Animal Control Officer Supervisor
City of Houston Bureau of Animal Regulation and Care
3200 Carr Street, Houston, TX 77026
Desk 713-229-7326 [email protected]

If anyone does gather information pertaining to getting the Houston medical permit under existing law, this topic would still be a great place to post any research / successes / failures / egg-related medical conditions!

Rick

p.s. New website for the Backyard Catfish Garden HERE . Ghost Chile Peppers did great, I'm still picking tomatoes in January and some of the catfish are big enough to catch and eat!