Michigan Right to Farm Law, what does it mean?

[RaZ]

Well, I am not in jail...

After for sitting for 2 hours and listening to assault, drunk driving, shop lifting and drug dealing cases, the judge finally called me up. He read the file, looked up and said, "This is about a chicken?". After the laughter died down, we proceeded.

I was able to ask the ordinance officer how many chickens he saw and he admitted that he didn't see any. But he did have pictures taken by the neighbor that he gave to the judge. Judge Hammer then let me see the photos. They could have been taken anywhere. Just saying...

Anyway, the judge says that there is a fine involved and I would need to "take care of the problem" in the future bcause city ordinance says no to chickens. So I politely said that local ordinance does not supercede state law. I cited MCL 286.473. I said that I had case law and Court of Appeals ruling that chickens are indeed legal to have. Of the stack of documents I had with me, I gave him the MSUE summary document and said that I had a lot more documentation to support my case. So he says that I need to talk to the city attorney and discuss it with him. Then he says that he would have no problem living next to me or anyone who had chickens. He went on to say that several people in Garden City have chickens, ducks, bees and even one guy who has a grand-fathered donkey.

I think the judge seemed pretty reasonable about the whole thing. I will meet with the city attorney for a pre-trial conference on June 26 at 10:00 am. So I can gather even more supporting documentation to present.

In case anyone is interested, the case number is 12GC1470 OM.

Cross posted from the Michigan thread.

 

[hippychickster]

Good Job Raz!! So sad how people make other people's business their own. We are all sending you good thoughts and love your way.

 

[CaraBear]

I'm drafting my letter and documentation to send proactively to my city I'll post it when I've got it ready! Thanks for keeping us updated on your fight!!

 

[VikkiP]

It sounds like you handled it very professionally and were blessed with an open minded magistrate. Obviously it would be best if confrontation can be avoided. Be sure that you have copies of the GAAMPs and farm plans that show you you comply.

 

[DReyRose]

CaraBear, I'd recommend preparing, proactively but "asking for permission" is not the route I'd choose. The reason I am choosing this method is so they have to site me and take me to court, which allows me to stand before a judge, with all my legal documentation and court cases, etc. If, they say "no" to me, beforehand, well, then I have to hire an attorney and take them to court.

Raz, good job. Sorry I couldn't make it to support you as I had planned but this work stuff!!!


Warm Regards,


[email protected]

 

[Stc-Gromit]

You rock Raz!!!!!!!!!!!
Here is an article in the local paper about my fight in St.Charles.http://tricountycitizen.mihomepaper.com/news/2012-05-13/News I am the nameless commentator refered to in the article.
The next day a guy from town stoped me at the grocerie store and told me I made a great argument. Then 3 days later another gentelman that presented pro poultry articles and spoke at the meeting stoped by with his wife. We talked for about a half hour about raising chickens, my garden and how to go forward. It's amazing. Two months ago I took my plea for poultry to the council. The next month there were two of us speaking out in favor of changing the ordinance. With any luck I should be able to have a good 5 - 15 pro poultry villagers waiving torches and pitchforks at the next meeting in June.
Here is a copy of the letter to the editor I just sent out in response to the news story:

In response to chickens in St.Charles
I was the first commentator referred to in the Tri County Citizen article written by Hillary Grigonis. My family and I are hoping to raise 6 chickens and 2 rabbits. My hope was to show the council and members of the community that chickens can be raised in my urban setting with less impact on my neighbors than the common dog or cat. The village planning commission already approved poultry in a 4 – 3 vote. I brought up facts such as Chickens don’t need much space at all. According to Extension Bulletin E-3136 Published by the Michigan Dept of Agriculture titled “Suggestions for Ordinances Allowing Backyard Poultry”, you can keep 6 egg laying hens, a roost and an enclosed fenced in run, all in less space than the family car. Comments were also brought up about poultry being dirty, noisy and hard to contain. Not true at all. The cleanliness of the chickens depend 100% upon its owner as it does with any other animal from a fish tank to a parakeet or from a dog to a horse. A rooster can be noisy, that is true. But why would I want a rooster if I am looking for beautiful scrumptious unfertilized eggs?? As far as being noisy? Hens cluck. That’s it. Most of the time chickens have a soft cluck. Dogs bark and cats howl and fight. I know this because I have a dog and one of our neighbors puts food out for his “Free Range” cats. I have them fighting in my yard nightly (and I don’t own cats). Are chickens hard to contain? They don’t have opposable thumbs. They are not known for their dexterity. Ever since we were children we have raised chickens, pheasant, rabbit, pigeon, cat, dog and many small house pets. Escape artist chickens were the least of our worries.
The Village council actually did a great job disproving many of the anti chicken comments that were made at the meeting. In St.Charles we have a “Public Poultry Pen”. When I asked about all the complaints that have been filed for the annoying and bothersome noise from their poultry, they said there haven’t been any complaints. Hmmm… When I asked them about the messy pen and horrific smells that their poultry emit, they said “No. There has been no such odor from the poultry. It’s kept clean”. So the village can keep poultry with no complaints for noise or smell all with no extra burden to the Village Mgr or Police Dept?
Michigan is known for having the strongest pro farming laws. We have state laws that in some cases trump local anti farming (and in some cases anti poultry) ordinances. The Michigan Right to Farm Act (MRFTA) has rules in place to protect all farmers including the urban city dweller. Ann Arbor, East Lansing, Shelby, Portage, Livonia and Freemont are just a few towns in Michigan that have recently moved in favor of urban backyard poultry. St. Charles is a Family oriented farming community. We have always had farming going on within the village limits. My father was a farmer. It’s in our blood. I would like to use the chickens and rabbits to help teach my boys good values, ethics and responsibility. What better way than raising a chick and then collecting an egg when the chick grows up.
Are my eggs going to be cheaper? I just purchased some on sale for $.70 a dozen so probably not. However mine will be healthier. According to a recent study by Mother Earth News, when compared to commercially raised eggs, farm raised eggs contain
1⁄3 less cholesterol
1⁄4 less saturated fat
2⁄3 more vitamin A
2 times more omega-3 fatty acids
3 times more vitamin E
7 times more beta carotene
We have read it in the news and seen it on every channel. Home raised fruits, vegetables, meats and eggs are healthier with no hormones, steroids and antibiotics in fact, studies are showing up daily that prove consuming locally raised foods can help reduce allergies and asthma (have you ever watched your son have an asthma attack? Pray you don’t).
Lastly we raised 2 chicks for a couple weeks in the boy’s room last month. Just for a couple weeks! Every child that stopped over wanted to hold them and play with the chickens (most adults did too). The fact is that the more you hold them and play with them, the more docile they become. Cool Huh??
I can show fact after fact to disprove just about every anti poultry comment that was brought up at the village council meeting. I think I Have!! My family would like to have fun raising a few chickens and a couple rabbits. We can use the poo in the garden and eliminate chemical usage. Hopefully we will be healthier and my boys will have learned some good life lessons for the effort.

 

[Stc-Gromit]

I'm going to send copys to the 3 local news networks, Saginaw and Midland papers. I am going to try to talk with my farming extensions and 4H also.

VIVA LA CHICKEN!!!

 

[blackswan]

Here is my update.. New Baltimore MI
But first a thank you for everyone here and their tireless efforts and documentation.

Went to the city counsel meeting Monday May 14th, 2012. Our state rep Andrea LaFontaine has 'office hours' right before the meeting (and I had emailed her and spoke to her assistant earlier that day). She and I briefly spoke and she was under the impression that the state ruled against Papish in Shelby twp, but she was 'pro' chicken keeping.

During the meeting, I presented my request to have the local ordinance changed to allow for backyard coops (no roosters/6 hens/follow good chicken keeping practices). I handed over copies of MRF and State of Michigan Agricultural docs, Backyard chicken coop 25 city study, local ordinances that have been changed (Ferndale and Chelsea). While receiving some mixed feedback (and a rooster crow from the back of the room), the city attorney had the most to say. He was already working on an ordinance amendment for Clinton Twp and was well aware of this movement.

Interesting aside was that that city attorney brought up the MRF and that 'it only applied to farms with 5 acres or more...". I didn't comment. I really wanted to give the impression that BYC keeping is very popular and sucessful in other communities and we (New Baltimore), just need to make some small amendments to the existing ordinance. I'll leave MRF alone for now. I offered to be a resource to make this happen.

I was approached by a reporter for our local paper and she did call me yesterday as a follow up.

We will see how this goes

Thank again

 

[Stc-Gromit]

One of the comment brought up at our meeting in St.C was that the local zoning officer for the surrounding counties had said "No one is passing these ordinances. In fact due to all the problems (from chickens) most towns are moving in the other direction". I asked for proof and a list of complaints and problems but have not received any feedback. Do any of you know of any towns in Michigan that are repealing their ordinance?
I know some towns just say no. Are ther any that are saying "we tried and this just is not working"?

 

[RaZ]

One of the comment brought up at our meeting in St.C was that the local zoning officer for the surrounding counties had said "No one is passing these ordinances. In fact due to all the problems (from chickens) most towns are moving in the other direction". I asked for proof and a list of complaints and problems but have not received any feedback. Do any of you know of any towns in Michigan that are repealing their ordinance?
I know some towns just say no. Are ther any that are saying "we tried and this just is not working"?

The ordinance officer in my case said that no city allowed chickens. I said that wasn't true and I got the stink eye from him. After a bit of discussion he said that he had reports from "several" neighbors about my chickens. I said I found that odd since I provide eggs to 3 neighbors adjacent to my yard. He remained pretty quiet after being challenged for his second untruth.

Part of my strategy is citing cities that allow poultry and noting that Garden City ordinance allows for "other popular" pets. I have a good bit of work to do.

Thanks for the help here.