INDIANA BYC'ers HERE!

[LonelyPageTurne]

[COLOR=008000]Just curious; where did you find this? [/COLOR] [COLOR=008000]I went back and re-read the Lawrence Muni Code on animals, and this is what it says (red added by me for emphasis)[/COLOR] § 3-3-1-1. DEFINITIONS. (B) DOMESTIC FARM ANIMAL. All animals except for dogs and cats maintained as family pets and birds maintained [COLOR=FF0000]exclusively within the confines of any residence as household pets[/COLOR]. (F) STABLE. A facility operated commercially and principally for the purpose of lodging and feeding domestic animals. (H) WILD ANIMAL. Any animal which normally lives free in nature and which is not commonly domesticated, including, but not limited to, any animal not caged, in an aquarium or domesticated. [COLOR=008000]There is nothing in the Definitions that says what a "domestic animal" is. However, since they define "wild animal" as those not commonly domesticated, we can presume that chickens are considered domesticated per the common definition of the word. [/COLOR] § 3-3-1-2. DOMESTIC FARM ANIMALS PROHIBITED; EXCEPTIONS. (A) Except as provided in divisions (B), (C) and (D) below, it shall be unlawful for any person to own or harbor [COLOR=FF0000]upon his or her premises or within the corporate limits of the City of Lawrence any[/COLOR] [COLOR=000000]cattle, swine, horses, ponies,[/COLOR] [COLOR=FF0000]poultry,[/COLOR] [COLOR=000000]rabbit[/COLOR] [COLOR=FF0000]or other domestic farm animal[/COLOR][COLOR=000000].[/COLOR] The keeping of the animals is hereby found and determined to be a public nuisance and a menace to the health, safety and welfare of the City of Lawrence. [COLOR=008000]I can't find any definition in the code for "residence" or "premises" but it sounds like this ordinance says you can't keep chickens on your property IF you confine them to your home as pets. It DOES NOT say you can't keep them in your yard as personal livestock. [/COLOR] [COLOR=008000]Then there's this:[/COLOR] § 3-3-1-29. KENNELS, PET SHOPS AND STABLE REGISTRATIONS REQUIRED. (A) It shall be unlawful for any person to own, operate or maintain a kennel, pet shop or stable within the City, unless that kennel, pet shop or stable, respectively, first is registered with the City Controller; however, the provisions of this section shall not be applicable to kennels operated by a veterinarian as a part of the veterinarian’s medical clinic. (B) Each kennel, pet shop or stable shall require only one registration, although it may operate as more than one type of facility. (C) When a kennel, pet shop or stable is registered pursuant to this chapter, the City Controller shall issue a certificate of registration thereof. (D) A kennel, pet shop or stable certificate of registration for a commercial enterprise shall at all times be displayed prominently in the business office of the kennel, pet shop or stable. § 3-3-1-30. KENNELS, PET SHOPS AND STABLES; ANNUAL INSPECTION; REGISTRATION TERM; RENEWAL. (A) Prior to the issuance of a certificate of registration or renewal of registration, the City Controller shall cause an inspection of the kennel, pet shop or stable to be made by the Animal Control Officer to determine whether the applicant or registrant is qualified under this chapter. The Animal Control Officer shall report his or her findings to the City Controller. (B) Each kennel, pet shop or stable registration issued pursuant to this chapter shall be valid for a period of one year. If the City Controller determines that the registrant remains qualified and has operated as required by this chapter, the City Controller shall renew the registration automatically and without application for renewal by the registrant, unless at the time of renewal the registration has been revoked or suspended or is the subject of administrative or judicial proceedings which have the potential to result in the revocation or suspension of the registration, in which case the registration may continue in effect until the conclusion of the administrative or judicial proceedings. § 3-3-1-31. REQUIREMENTS FOR KENNELS, PET SHOPS AND STABLES. (A) In addition to the registration required by § 3-3-1-29, all kennels, pet shops and stables within the City shall: (1) Be operated in a manner so as not to constitute a nuisance; (2) Provide an isolation ward for animals which are sick or diseased, sufficiently removed so as not to endanger the health of other animals; (3) Keep all animals caged or under the control of the owner or operator of the kennel, pet shop or stable; (4) With respect to all animals in the kennel, pet shop or stable, comply with all the requirements of this chapter for the general care of animals; and (5) Comply with all applicable federal, state and local laws and all applicable regulations adopted by the Board of Public Works and Safety. (B) The owners or operators of all kennels and pet shops within the City shall: (1) File a monthly notice of sale or placement with the City Controller within ten days of the last day of any month in which the kennel or pet shop has sold or otherwise placed one or more dogs or cats. The notice of sale or placement shall include the name, address and telephone number of the person(s) acquiring the dogs or cats as well as the age, sex and breed of the dogs or cats sold or placed; (2) Retain the name, address and telephone number of the owner of each dog or cat boarded, and retain the name and address of each person selling, trading or giving any animal to the kennel or pet shop; and (3) Not sell or otherwise place animals which are unweaned or so young or weak that their sale would be injurious to the animals. Penalty, see § 3-3-1-27 [COLOR=008000]So it's possible that you might be able to register your back yard as a stable. The snag there is that the code defines a stable as operating commercially. You could claim commercial operation of the basis of breeding chickens, but I doubt your neighborhood is zoned for commercial use.[/COLOR] [COLOR=008000]Also, there are provisions in the code for impounding animals at large,[/COLOR] 3-3-1-7. IMPOUNDING OF ANIMALS. (A) Any dog, cat or domestic farm animal [COLOR=FF0000]found running at large[/COLOR] within the corporate limits of the City shall be impounded by any police officer or other person so authorized by the Common Council. [COLOR=008000]but there's nothing about impounding animals confined to your premises. The Animal Control people may be assuming that they have this right, but I wouldn't. Personally, I would say they don't have the right to enter your property without a warrant issued by a court. If anyone tries to enter your property, demand to see the warrant and do not let them in until they can show it to you. Even then, I'm not sure they have the authority to impound your chickens. [/COLOR] http://eskewlaw.com/what-you-should-expect-when-police-have-a-search-warrant-201211 [COLOR=008000]There are a lot of legal providers listed at this site:[/COLOR] http://www.in.gov/judiciary/probono/2351.htm [COLOR=008000]Many of them specialize in family law or things like that, but this one might be just what you need:[/COLOR]
Hoosier Environmental Council

[COLOR=171513]Serving residents of Indiana[/COLOR] [COLOR=171513]Assistance possible for the following legal issues: Environmental and Land-Use Issues 3951 N. Meridian, Suite 100 Indianapolis, IN 46208 (317) 685-8800 (317) 686-4794 (f) [/COLOR][COLOR=2C91AD]http://www.hecweb.org/about/legal-defense-fund/[/COLOR] [COLOR=008000]They would be able to tell you if you have a case against Lawrence in the event that they cite you or attempt to remove your animals. I'd call them IMMEDIATELY and get as much advice from them as possible on your options. I do not believe that the law says what Animal Control thinks that it says. I would fight this in court![/COLOR]

It's provision 3.12

The 6 chickens thing is the NEW ordinance being proposed. Not the current ordinance. So I may be able to talk them into simple adopting indy's ordinance.

 

[LonelyPageTurne]

So guys I just wanted to say I could seriously use the support Monday. These birds were to help with my depression. Before I got them I hadn't left my house for a year. I barely left my bed. I'm on SSDI and Medicare because of my depression. Losing these birds is a huge blow. This is about more than just losing pets or a source of food, though it's also about that. It's about my wellbeing

 

[Kiniska]

[rule][COLOR=008080]Kiniska[/COLOR] [COLOR=8B4513]~ If I would have known, we might have worked something out.[/COLOR]

Next time I will let you all know a week before.

 

[flyladyrocks]

So guys I just wanted to say I could seriously use the support Monday. These birds were to help with my depression. Before I got them I hadn't left my house for a year. I barely left my bed. I'm on SSDI and Medicare because of my depression. Losing these birds is a huge blow. This is about more than just losing pets or a source of food, though it's also about that. It's about my wellbeing

I have become a firm believer in what I now call Chicken Therapy! I have fibromyalgia and chronic migrianes that lead to depression issues just from dealing with the chronic unrelenting pain. Chickens are therapeutic. My family now knows when they can't find me I am with the chickens! I have always been a dog person. I love our dog, but I am surprised to discover more of a connection will these chicks! It breaks my heart to think you have to get rid of them.

Here are some posts that may be of some help. I just stumbled upon them but I hope it can help with the whole issue of having chickens as therapy animals. :

https://www.backyardchickens.com/t/686908/american-with-disabilities-act-and-zoning/10

We went out last night and gave out a couple flyers. but it was so hot and Friday night so noone was around. I think there will be lots of people out this AM. People work outside on Saturday AM before it gets really hot again. I am nursing another migraine so once I get it under control we will head out.

 

[browncow15]

[COLOR=800080]LonelyPage ~[/COLOR] [COLOR=8B4513]Six chickens is a lot better than no chickens like you first thought. When researching ordinances in the past, I've noticed that a six chicken limit is common for cities. Evansville has a six animal limit, so for example someone could have six chickens or four chickens and a dog and a cat (no roos). Luckily, I live about a mile out of the city limits, so I can have as many as I want except I don't have space. Anyway, my point is that although it's upsetting and i feel for you, it could certainly be worse; there are so many places that don't allow any-- and laws are being changed from allowing chickens to no chickens allowed . . .[/COLOR] [COLOR=8B4513]Has anyone been following the controversy in Michigan?[/COLOR] [COLOR=A52A2A]This month, the Michigan Commission of Agriculture and Rural Development ruled down the previous "Michigan Right to Farm Act."[/COLOR]
[excerpt] Kim White, who raises chickens and rabbits, said, “They don’t want us little guys feeding ourselves. They want us to go all to the big farms. They want to do away with small farms and I believe that is what’s motivating it.”

[COLOR=A52A2A]Big Farming Money Talks[/COLOR]
[COLOR=8B4513](I have read articles about Big Farming/Processing companies that don't like the backyard chicken movement because it has caused people to realize that chickens are engaging creatures-- smart, personalities, entertaining, which has caused people to question how chickens are raised-- what drugs/feed they're given, confinement, inhumane treatment, etc.-- all issues that cost Big Business money to change. As a result, the Big Farming Industry is spending Big Money to urge politicians to vote against small farming, including having six chickens in your backyard).[/COLOR]

The ruling will allow local governments to arbitrarily ban goats, chickens and beehives on any property where there are 13 homes within one eighth mile or a residence within 250 feet of the property, according to Michigan Public Radio . The Right to Farm Act was created in 1981 to protect farmers from the complaints of people from the city who moved to the country and then attempted to make it more urban with anti-farming ordinances. The new changes affect residents of rural Michigan too. It is not simply an urban or suburban concern.

[COLOR=232323]The World Health Organization issued a statement: “The Michigan Agriculture Commission passed up an opportunity to support one of the hottest trends in food in Michigan – public demand for access to more local, healthful, sustainable food.”[/COLOR]

[COLOR=A52A2A]backyardpoultrymag.com has a 3-part Report:[/COLOR]

How Michigan Changed Its Right to Farm Act and What It ...
Michigan’s Change to its Right to Farm Act Unites Advocates (Part 2)
It’s Not Just Michigan: The Importance of Knowing Your Local Laws (Part 3)

I haven't followed the Michigan stuff in detail but I've read bits and pieces here and there. It really makes you wonder what rights we are going to loose next! And worry about my children's generation!

 

[crazychick1977]

I haven't followed the Michigan stuff in detail but I've read bits and pieces here and there. It really makes you wonder what rights we are going to loose next! And worry about my children's generation!

I am right there with you on that! Thankfully I'm in an agricultural-friendly county right now, but I worry about the future- I originally started raising chickens because of hearing how therapeutic chickens are and they have done wonders for my autistic son and myself. I have a cousin in Michigan who recently started her own flock after seeing what chickens have done for our lives- I'm worried for her family. I'm going to talk to her and see if they have been effected yet- and I'm going to point her to this thread because it has been very informative!

 

[crazychick1977]

Got to talk to my cousin in Michigan about the legislative changes that have happened up there. Luckily, she says it's really not as bad as it's been made out to sound. From what I got out of talking with her, the changes made give power to local government to determine what is appropriate of it's community- not to take away from the Right To Farm Act's purpose of protecting farmers from forced urbanization, but to protect urban areas from that Act being abused (i.e. people using the Act so that they could keep, let's say, 50+ chickens on 1/8 of an acre).

I'm not big into politics or anything, but I can see both sides of that argument. I also think small government can be a good thing- so even though I don't like politics, I will make even more of an effort than before to know exactly who runs what and at least advocate fair regulations within my local government when it comes to individual's rights to small farming

 

[number9]

How should I go about it? And that doesn't answer why 6 at all. Of course people will try to keep more. That's why I think an arbitrary number is stupid. Especially considering what perdue does. I think the laws of indianapolis are great and I have no idea why lawrence doesn't just follow them.

Lets say that that you are a person the that has to wright the new law that has been passed. You have to deal the kid down the street that got a chick for Easter all the way to the person that pulls an old car into the back yard for a coop. He then lets them breed indiscriminately until they are a nuisance with an odor for everyone down wind
Now you must be a person that has to keep all parties reasonably happy. Now you choose a number that meets the law as passed. Just remember the chicken hater, the kid down the street, the chicken lover (AKA you), the person just wanting eggs, and the slob that just does not give a s**t.id you pick and remember you can not use your personal feelings

I am not picking on you and I wish you could keep all your birds. I am just trying to make you see both sides of the situation..
What # d

 

[LonelyPageTurne]

Lets say that that you are a person the  that has to wright the new law that has been passed.  You have to deal   the kid down the street that got a chick for Easter all the way to the person that pulls an old car into the back yard for a coop.  He then lets them breed indiscriminately until they are a nuisance with an odor for everyone down wind 
Now you must be a person that has to keep all parties reasonably happy.  Now you choose a number that meets the law as passed.  Just remember the chicken hater, the kid down the street, the chicken lover (AKA you), the person just wanting eggs, and the slob that just does not give a s**t.id you pick and remember you can not use your personal feelings

I am not picking on you and I wish you could keep all your birds.  I am just trying to make you see both sides of the situation..
What # d

No I understand what you're saying. I just don't get where the specific number comes from. And lawbreakers will break the laws no matter what. So I think the ordinance should reflect reality. Indianapolis allows any number of chickens and roosters and hasn't been overrun yet.

However I have decided that I will simply push for the ordinance to pass and once it does, work to expand the ordinance. In the meantime I do believe I can keep a couple of extra birds and I mean only a couple. Not a couple this year and a couple more next year. I'm very attached to my birds and have no idea who I should keep. :/

 

[ChickCrazed]

No I understand what you're saying. I just don't get where the specific number comes from. And lawbreakers will break the laws no matter what. So I think the ordinance should reflect reality. Indianapolis allows any number of chickens and roosters and hasn't been overrun yet.

However I have decided that I will simply push for the ordinance to pass and once it does, work to expand the ordinance. In the meantime I do believe I can keep a couple of extra birds and I mean only a couple. Not a couple this year and a couple more next year. I'm very attached to my birds and have no idea who I should keep.

Can you gift a friend or family member a starter flock so you can keep in touch with whoever you need to get rid of? I understand and it stinks, but I think you are doing the right thing. Getting busted for being over run with chickens will put you back in this situation later, which stinks.