Michigan Right to Farm Law, what does it mean?

[cowcreekgeek]

And that's exactly why if the legal system would stay out of the way, folks would settle these issues for (and amongst) themselves. Some guy has a rooster that crows at all hours of the h=night? Won't be long before someone takes care of it, and it won't involve the waste of $50,000 in tax money, minion wages and monies wasted on a case study of the effect of rooster crowing on ornamental flowers blooming. I don't believe there is a form of government in this country, be it local, county, state (and definitely not federal!) level that can do ANYTHING without a huge waste of money.

Agreed, in regard to any "cost plus" operation ... they've gotta waste a bit more than their entire slice of the proverbial pie, in order to obtain even more to waste the next time around. But, not that I mind spendin' the night in jail when I can find no more tolerable solution, takin' matters into our own hands most often wastes even more money, and officer's time, and takes even more of the Court's time ... ehh ... reckon it does give a bit more satisfaction ~'-)

 

[chickortreat]

Any of you watch Braveheart? The Scottish lord had declared Prima Nocta, which grants his knights "rights" to take brides on their wedding night. Sounds barbaric, but that was the "law", so who's right and who's wrong? At the rate we're going in this country, something like that could easily happen in the future. And we (at least the majority) will cow down and be obedient, lest we be deemed an "outlaw".

Back to topic.....right to farm: I see it as a right of mine to raise my own food/livestock/etc, and will do so, even if I must do it with a club in hand to keep busybodies away.

Excuse me now, I must go and sweep the street in front of my house lest I be fined.....yeah, RIGHT!

 

[DT99]

You should have seen the waste of tax payer money today. Ordinance violations for porch lights left on 24 hours, for sale signs in car windows, leaves not raked up, and my favourite one today...a porch light without a glass globe.

But don't feel bad for our over-worked ordinance officer, he gets time and a half for sitting in court during normal work hours. That dude has gained 75 pounds since summer. Must be all that court sitting time.

Well how did your case go? What was the outcome of that hearing?

 

[DT99]

Hello all,

I have been trying to read as much as I can here, however this thread is Looong. I am sure this has been covered but maybe someone can save me several hours of reading.

If you are required to sell some of your eggs to be covered by the RTFA, can the city require you to get any sort of license to sell that 1 egg or whatever amount you are selling? Is there a dollar amount that you need to be above or below to avoid such licenses?

What if your not selling them in the city where you live?

Can the city tell you that you need a license to sell and then just deny you the license so you will not be covered by the RTFA and force you to remove your chickens?

 

[RaZ]

You don't have to sell eggs, per se. You can sell the composted manure or feathers or anything that the chicken produces. You do not need a business license, you could have a yard sale. As long as you are selling, the MRTFA covers you.

BTW, the judge adjourned my case until January. He refused to hear any discussion from my attorney and I was not allowed to speak.

 

[cowcreekgeek]

You don't have to sell eggs, per se. You can sell the composted manure or feathers or anything that the chicken produces. You do not need a business license, you could have a yard sale. As long as you are selling, the MRTFA covers you.

BTW, the judge adjourned my case until January. He refused to hear any discussion from my attorney and I was not allowed to speak.

Can't imagine that postponement(s) cost the Judge or the Prosecutor anything out-of-pocket, or that it even inconveniences 'em in the slightest (quite sure they've gotta be there anyhow ~'-)

And, now? We, the People, must endure the tremendous dangers of havin' yet one more owner of chickens walking freely among us.

If you want due process, and a speedy trial? Be ill-prepared, and arrive w/o your attorney ... sure they'd be all over you, then ~'-)

 

[chickortreat]

Of course they don't mind. They aren't spending their own money, but the monies of taxpayers. They have nothing better to do than postpone. As you said, they're going to be there anyway. And if they'd get real, productive jobs, the problem would be solved to start with.

 

[DT99]

I looked up our local laws and it is so stupid how the are in conflict with each other.


Zoning:




Quote:

1. Common household pets such as dogs, cats, etc., but not including fish or marine animals less than 20 pounds, as long as there are not more than three of any one species permanently boarded or kept. The keeping of more than three common household pets of any one species is a kennel use. Refer to Table

2. Uses Permitted by District for kennel regulations. 2. Livestock, as long as there are no more than three animals and the parcel or lot shall be at least two acres in area.


3. Poultry, if there are no more than 4 if the lot is less than one acre in area and not more than 10 if the lot is at one or more acres in area. Roosters are prohibited. Chicken coops with a minimum area of 4 sq. ft. per bird and an enclosed pen with a minimum area of 10 sq. ft. per bird shall be provided in the rear yard.
4. Litters shall be exempt from these requirements until weaned.



Local code:


Quote:

 

[wingless]

Hi DT99, and welcome to BYC.

The way I have come to think about this is that local regulations such as zoning and ordinances apply to folks who wish to keep chickens as pets, or for non-commercial purposes. This likely represents the vast majority of people who would like to keep chickens in residential and urban areas.

On the other hand, a small number of people wish to establish commercial farming operations to sell eggs, chicks, feathers, or even compost. For these people, according to state law the local regulations do not apply if the meet the following 3 requirements:

1. have a farming operation (e.g., chickens),
2. be commercial (e.g., sell eggs),
3. follow generally accepted agricultural management practices (GAAMPS)

So it is no surprise if local regulations for non-commercial operations conflict with state law for commercial operations, since they really do regulate different kinds of operations - although it does seem as if in your case the local laws conflict with each other, which is certainly unfortunate!

What is currently under urgent discussion here are proposed changes to the GAAMPS that will change the 3 requirements above quite drastically, as they will exempt everyone who does not live on agriculturally-zoned land from RTF protection. I have estimated that this affects 8 million Michigan citizens from a total population of 10 million - and that is based just on the fact that 80 percent of Michigan citizens live in "urban" areas, and 20 percent in "rural" areas. Other BYCers have pointed out that many people who live in rural areas will also be affected. One BYCer estimated that half of all farms over 20 acres in Muskegon County, for example, will lose RTF protection if this new language passes. Thus my estimate of 8 million affected by these changes may actually be an under-estimate of the impact of the proposed changes.

The proposed changes to the 2013 GAAMPS were formally presented to the Ag Commission a few weeks ago (October 31st), with a vote by the 5-member Ag Commission slated for December 12th. A number of us will be attending, and you - and any other RTFarmers out there - are invited to join us. In addition, to make sure that we are never again blind-sided by state-level regulations that aim to exempt us from RTF protection we have created a new organization - Backyard Chicken Keepers of Michigan - to advocate at both the state and local levels for the right to engage in agricultural activity. We're gearing up for our next meeting; hope anyone interested will PM me for more information.

 

[chickortreat]

I seriously doubt that there are many folks at all living in an urban setting who would progress very far toward a commercial operation. Most folks have enough sense to realize the futility of such an attempt. Seems the greatest absence of common sense is in the regulatory department (the ones making the rules that aren't needed to start with). But it sure goes far to boost the ego, getting to tell someone they can't have chickens. My what manliness! What a boost to the testosterone! Oh to live in the shadow of such greatness.....