I'm an outlaw!! I had no idea....now what?

[Agnella]

Silly me....I just assumed it would be ok for me to have chickens but apparently I can't.

I live in unincorporated Canton, GA. Cherokee county.

So what do we outlaws do? Just keep our fingers crossed that no one complains and we can keep our flock?

I'm going to re-home my roo to avoid noise complaints

but it's so hard to find a home for a roo.....anyone want him?

I'd love to try to get the law changed but I also don't want to draw attention to myself!

GA passed this last year:
The new code, signed into law May 1, 2009, states “No county, municipality,
consolidated government or other political subdivision of this state shall adopt
or enforce any ordinance, rule, regulation or resolution regulating crop
management or animal husbandry practices involved in the production of
agricultural or farm products on any private property.”

I'm hoping that will help all of us GA outlaws.

 

[Quail's Hollar Farm]

.

 

[dsqard]

I am not a legal whiz but the way that reads to me is that there can be no ordinance that dictates what you can do on your private property. You might want to call a lawyer or legal aide to find out what exacty the law means, you might not be an outlaw.

 

[Agnella]

Now I'm getting conflicting information. I was first told that that bill passed last year. I just got off the phone with a clerk at the Agriculture office who said it did not pass.....very confusing.

I guess I will still look for a home for my roo.....

I'm nervous because we have a cranky neighbor who could possibly give us trouble.

Do I go talk to her and see how she feels or adopt a don't ask, don't tell mentality with her? This is just sad for all outlaw chicken owners to have to worry about

 

[dsqard]

See if you can find the actual ordinances for your town/county. Look on line to see if that law did pass. If it did, you would be able to find it in the statutes for your state.

 

[Sonoran Silkies]

Yes, find out whether the state law passed and if that is hte exact wording that passed. If it dod, it already gives you the right to your chickens as it essentially invalidates any existing laws against them: “No county, municipality, consolidated government or other political subdivision of this state shall adopt or enforce any ordinance, rule, regulation or resolution regulating crop management or animal husbandry practices involved in the production of agricultural or farm products on any private property.”


Look at county laws/ordinances; if your city is unincorporated, I do not believe they have authority to pass ordinances? (That is something you need to verify.) You also need to check uses allowed in your zoning.

 

[Agnella]

Since I'm in an unincorporated part of town, I believe I'm supposed to be reading the county rules so....

7.7-9 The raising and keeping of livestock (personal pleasure) shall be allowed in each
zoning classification on tracts of two (2) acres or more, limited to one animal per acre. The
keeping and maintenance of livestock shall be for noncommercial purposes in all residential
districts, with the exception of AG, where commercial purposes shall be allowed.

and

Livestock. The term “livestock” as used herein shall mean and include cattle, horses, goats,
sheep, swine, poultry, ducks, geese and other fowl; and rabbits, minks, foxes and other fur or
hide-bearing animals customarily bred or raised in captivity for the harvesting of their skins;
whether owned or kept for pleasure, utility or sale. “The term “livestock” does not include a
Vietnamese pot-bellied pig. Vietnamese pot-bellied pigs are allowed in all residential districts,
not to exceed one (1) per residence.”

Well thank goodness I could have a pot-bellied pig

Pet (Household Pet). Any animal owned or kept for pleasure rather than sale, which is an
animal of a species customarily bred and raised to live in the habitat of humans and is
dependent upon them for food and shelter; except that livestock and wild animals shall not be
deemed pets.

The House Bill that I was hoping had passed, did not pass.

 

[Agnella]

I have found a new home for my Roo.....I'll be delivering him to a great home today. I'll miss him but I am really hoping to protect the rest of my flock by doing this.

I've also written to my Commissioner to see about getting our local ordinances changed to allow for backyard flocks.

I'll let you know how it goes!

 

[Danaus29]

1 animal per acre? How sad!

 

[BlueRoseMama]

That is a horrible law! Ugh. We can have 12 chickens as long as they are farther than 20 ft from someone elses house. Luckily, we live on a corner lot, with a 3.5 acre lot next to us, so our chickens are never even that close to someones yard much less their house. I am in unincorporated city limits too.

I would adopt a 'don't ask don't tell'. I have before, most of the time, neighbors dont even know you have a flock if you dont have a roo. Good luck! I am so sorry you have to deal with that! It seems silly that even those 'livestock' kept for 'personal pleasure' are deemed illegal. That is the worst for me. I could imagine them saying that you couldn't have more than X amount or something like that... but saying you can't chose your own type of pet (unless it's a dog, cat, or apparently pig

) seems really over the top of what they should be able to do.

Blessings,

Val