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

[Agnella]

My DH and I delivered our roo to his new home today. It was bittersweet. He has 15 hens to keep him busy and quite a bit more room to roam. He'll even get to free range! The new owners said we could come visit him anytime.

So now I'll just keep my fingers crossed that no one has complained about my flock yet and that they'll forget they're even here without a rooster to crow.

I'm still going to do everything I can to get that ordinance changed!

Thanks for your support and for listening! Y'all make me feel better.

 

[dsqard]

It is odd that they don't have some kind of sliding scale on the numbers of "livestock" per acre. I can understand having an acre of land per large animal but not per chicken. Seems kinda silly. Maybe you could check into getting the ordinance changed or getting the law passed or get some kind of variance. Good luck and good job on being proactive about the roo. Sad that you had to re-home him though.

 

[Rozzie]

I'm sorry Agnella. These laws are dumb.

 

[Agnella]

I heard back from the Agricultural office today and they told me that HB 529 DID PASS!!! Woohoo!! It states that no government can regulate private agriculture or farm animal ownership.

What I don't know is, does state law trump county laws?

Also, my Commissioner said that they would be interested in changing the current ordinance. I just sent him an email about implementing a sliding scale for the number of chickens we can own. We shall see!

 

[Danaus29]

State law should trump county law. Depends on how the state legislation is written. You might want to try contacting someone in the ag law department of your state university. They can give you opinions and advice, often free.

 

[Sonoran Silkies]

State law trumps county or city. However, the exact wording makes a difference, as well as any particular limiting phrases. In general this sounds like a Right to Farm law, which in some cases are limited to properties of specific size or historical use. The quote you provided earier seems to indicate that these are not concerns, but you need to read the entire law.

 

[Agnella]

*Edit*

I have a call in to our local extension office for the state university. Maybe they can help!




Live Broadcast | Legislative Search | Legislation | House | Senate
Previous Sessions | Georgia Code | State Departments 09 HB 529/AP
House Bill 529 (AS PASSED HOUSE AND SENATE)
By: Representatives McCall of the 30th, Roberts of the 154th, Burns of the 157th, Hanner of the 148th, Anderson of the 117th, and others


A BILL TO BE ENTITLED
AN ACT


To amend Chapter 1 of Title 2 of the Official Code of Georgia Annotated, relating to general provisions relative to agriculture, so as to preempt certain local ordinances relating to production of agricultural or farm products; to provide certain exceptions; to amend Chapter 1 of Title 51 of the Official Code of Georgia Annotated, relating to general provisions regarding torts, so as to limit liability of certain landowners who permit persons to hunt or fish on their property or allow persons on such property for agritourism; to require the posting of certain signs; to provide for specifications for such signs; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.Chapter 1 of Title 2 of the Official Code of Georgia Annotated, relating to general provisions relative to agriculture, is amended by adding a new Code section to read as follows:"2-1-6.(a) 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.(b) Subsection (a) of this Code section shall not prohibit or impair the power of any local government to adopt or enforce any zoning ordinance or make any other zoning decision. As used in this subsection, the terms 'local government', 'zoning decision', and 'zoning ordinance' have the same meanings provided by Code Section 36-66-3.(c) Subsection (a) of this Code section shall not prohibit or impair any existing power of a county, municipality, consolidated government, or other political subdivision of this state to adopt or enforce any ordinance, rule, regulation, or resolution regulating land application of human waste."SECTION 2.Chapter 1 of Title 51 of the Official Code of Georgia Annotated, relating to general provisions regarding torts, is amended by adding a new Code section to read as follows:"51-1-53.(a) For the purposes of this Code section, the term 'agritourism' shall carry the same meaning as set out in subparagraph (p)(7)(B) of Code Section 48-5-7.4.(b) A landowner who charges admission for a person who is 18 years of age or older to hunt or fish on the owner's property or to enter the owner's property for the purposes of agritourism shall be immune from civil liability for any injuries caused by the inherent risk associated with agritourism, hunting, or fishing activity, provided that1) The landowner's conduct does not constitute gross negligence or willful and wanton misconduct;(2) The landowner has posted at the main point of entry, if present, to the property a sign with a warning notice stating the followingA) In the case of agritourism:'WarningUnder Georgia law, there is no liability for an injury or death of a participant at least 18 years of age in a registered agritourism activity conducted at this registered agritourism location if such injury or death results from the inherent risks of such agritourism activity. Inherent risks of agritourism activities include, but shall not be limited to, the potential of you to act in a negligent manner that may contribute to your injury or death and the potential of another participant to act in a negligent manner that may contribute to your injury or death. You are assuming the risk of participating in this registered agritourism activity.'(B) In the case of a landowner who charges admission for a person who is 18 years of age or older to hunt or fish on the owner's property:'WarningUnder Georgia law, there is no liability for an injury or death of a hunting or fishing participant at least 18 years of age conducted at this location if such injury or death results from the inherent risks of such hunting or fishing activity. Inherent risks of hunting or fishing activities include, but shall not be limited to, the potential of you to act in a negligent manner that may contribute to your injury or death and the potential of another participant to act in a negligent manner that may contribute to your injury or death. You are assuming the risk of participating in this hunting or fishing activity.'The warning notice specified in this paragraph shall appear on the sign in black letters, with each letter to be a minimum of one inch in height; and(3) The person who has paid admission to the landowner to enter such landowner's property to hunt, fish, or for the purposes of agritourism has signed a waiver of liability form stating that the person entering the landowner's property has waived all civil liability against the landowner for any injuries caused by the inherent risk associated with agritourism, hunting, or fishing activity. Such waiver of liability form shall mirror the language provided for in paragraph (2) of this subsection regarding the warning notice.(c) This Code section shall be supplemental to all other provisions of law that provide defenses to property owners. This Code section shall not create any new cause of action against a property owner or additional liability to property owners."

SECTION 3.This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval; and Section 2 of this Act shall apply to all causes of action arising on or after the effective date of this Act.

SECTION 4.All laws and parts of laws in conflict with this Act are repealed. Live Broadcast | Legislative Search | Find Your Legislator | FAQ | Help | Previous Sessions
Georgia Code | State Departments
This information is provided in electronic format by the Georgia general Assembly as a public service. This information does not constitute an official record of the General Assembly and no warranty or guarantee of any kind is provided.

 

[Sonoran Silkies]

Quote:
(b) Subsection (a) of this Code section shall not prohibit or impair the power of any local government to adopt or enforce any zoning ordinance or make any other zoning decision. As used in this subsection, the terms 'local government', 'zoning decision', and 'zoning ordinance' have the same meanings provided by Code Section 36-66-3.(c) Subsection (a) of this Code section shall not prohibit or impair any existing power of a county, municipality, consolidated government, or other political subdivision of this state to adopt or enforce any ordinance, rule, regulation, or resolution regulating land application of human waste.

And this is where it specifically does not override local zoning or ordinances.

"SECTION 2....[UNRELATED]

SECTION 3.This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval; and Section 2 of this Act shall apply to all causes of action arising on or after the effective date of this Act.

SECTION 4.All laws and parts of laws in conflict with this Act are repealed. ....​

So, it is not a right to farm law, but rather controls what others want to dictate about farming methods at anything below state level. I don't think it helps (or affects it at all)your case, sorry

 

[Agnella]

Ugh...so it's really a bad piece of legislature then.

I'll just keep working with my Commissioner!

 

[Arcane Araucana]

This is my post under "Questions about deed restriction - Baton Rouge" but it applies to you too.

20 years ago NOBODY considered a pot bellied pig a "pet." And now pot bellied pigs are widely recognized as pets and are specifically allowed in many HOA rules, deed restrictions, county and city zoning ordinances, etc. (they are in mine - however "poultry" are not). Backyard chicken raising is facing the same learning curve as pot bellied pigs did. There is a huge difference between chickens raised as "pets" and chickens raised as a commodity for meat/eggs. Exactly the same difference between raising a pot bellied pig versus a sow. I am illegally keeping three pet chickens (two hens and a roo). I accept that I am doing this illegally and will face whatever battle I will have when or if it comes to that. My point is this: my birds were hatched in an incubator, they lived in my guest room for the first 6 weeks of their lives, they are completely enclosed in an "aviary," they sit in my lap to be petted and they come when called about as reliably as a cat. And as far as the roo goes - his crowing is no worse than the garbage trucks, sirens, planes, barking dogs, wild birds, loud music, and yelling children. I'm really sick of roosters getting thrown under the bus just to be allowed to keep a few hens. Its a matter of education and perspective. I did shell out the bucks to consult a zoning attorney so I am aware of my rights and the choice I have made to keep my pets. I would advise you to do the same, and then line up all of your documentation to support your perspective.

Good luck!

The only way we are ever going to get backyard chickens recognized as "pets" is to keep to the "pot bellied pig path" - educate and persevere.

BTW - I live in "rural" Mohave County, Arizona and according to our zoning ordinance for a Residential lot less than 1 acre I am not even "permitted" to have a dog, a cat, a garden, an orchard, or anything else; BUT I am allowed to have a "communication tower no higher than 40 feet." I'm sure that's not what they meant when it was written - but that is how it is interpreted by law. Since I have a garden, 4 citrus trees and a dog, I figure chickens are just an added bonus.