I need some input on this

[starshine51084]

I am researching my city ordinance and this is how it reads

Sec. 4-46. Pens and coops; location.
(a) All fowl and rabbits shall be kept within a pen, coop or hutch. A fenced yard shall not qualify as a pen or coop.
(b) Any person keeping or harboring any animal, other than livestock, shall locate any pen, coop, hutch or other housing at least fifty (50) feet from any residence, excluding the residence of the person keeping or harboring the animals.
(Ord. No. 2026, § 1(Exh. A), 8-14-07)

Sec. 4-48. Animals and fowl kept in residential areas; distance and area requirements.
(a) No more than four (4) dogs and/or four (4) cats older than eight (8) weeks of age shall be kept on any lot in any zoning district in the city within one hundred (100) feet of any residence other than that of the owner. No more than five (5) of any other type of animal, fowl or reptile more than six (6) months old shall be kept in any residentially zoned area of the city.
(b) No pigeons, fowl and/or livestock shall be kept on any lot or tract of less than forty thousand (40,000) square feet. For each forty thousand (40,000) square feet of lot or tract area, an owner may keep one (1) head of livestock or fifty (50) pigeons or fowl; provided, however, no such livestock, pigeons or fowl shall be housed within one hundred (100) feet of any residence of adjacent property.
(Ord. No. 2026, § 1(Exh. A), 8-14-07)

We live in a suburb area so the question is can we own chickens? Thanks for any help on this

 

[mkwags]

how I read it, is you can have 5 fowl, as per Section 4-48, a. To be sure, just call up your cities offices and someone in zoning can tell you for sure. In my city, it says the amount of birds you can have depends on the size of your lot... Just call them, then there are no more questions!

 

[starshine51084]

Ok that's the way I read it too at first but the second part of it scared me a little as we don't have a lot that big

 

[mom'sfolly]

I actually read it the other way, that 4-48b says you can't have poultry except on a lot of 40,000 sq ft., and then you can have 50. But ask at the city, with someone who will actually look at the two rules and tell you which applies. Don't believe anyone who right of the bat says yes or no, they probably don't know the actual ordinance and are giving an opinion.

 

[lakeman]

Quote:
Isn't it great to live in a free country?

 

[NorTracNY]

Are you in a "residentially zoned area of the city." and do you have more than "40,000sq ft"? If more than 40,000sq ft you can have 50 per 40,000sq ft. If you are in a residentially zoned area you can have no more than 5, regardless of the amount of land you have.

One word of caution, you can call someone at the city to ask. Their word is worthless. Sorry to tell you, but the law is the law, a city employees interpretation (or guess on the law) is just that. You really need to find out who would enforce a violation, and talk with that person. At least if that person says it's ok, then you probably will be ok as long as they have a job. I say probably because if someone complains, they may change their mind.

Sorry, but government is government.