Michigan Right to Farm Law, what does it mean?

[thewaggonerfami]

Wasn't there also a parenthetical footnote on one of the court cases where the judge basically said, "We don't like it, and we think it needs to be changes legislatively, but the way the law is currently written the urban chicken folks are protected under the RTFA." (totally my paraphrase there...) Also Wayne Whitman was very dismissiive of the non-published cases.

 

[blackswan]

Here is the update in my city:
I got a call from the head of the planning commision and they are NOT recommending BYC in New Baltimore and this topic will be on the agenda at the regular council meeting. When I asked why she claimed that BYC would attract pests. I responded that our weekly trash ( actually every day next to our house ) the racoons are in the trash. She answered "thats true"
I pushed further and said that all the documentation I presented was obviously not read. She responded that I wasnt at the planning meeting and I said that was true because I WAS IN THE HOSPITAL THAT DAY.

I canceled our order for chicks. I cannot afford the monitary or marital toll this could take. I am the breadwinner in our family and cannot miss work if I have to go to court.

I will go to this meeting with a prepared statement (still formulatimg). I realize I took a risk asking for permission rather than just use MRTF. I was so looking forward to this new experience. I will work to get the ordinance changed and plan to keep chickens next year.

Thank you to everyone that has provided so much information. Good luck to everyone.

 

[RaZ]

Here is the update in my city:
I got a call from the head of the planning commision and they are NOT recommending BYC in New Baltimore and this topic will be on the agenda at the regular council meeting. When I asked why she claimed that BYC would attract pests. I responded that our weekly trash ( actually every day next to our house ) the racoons are in the trash. She answered "thats true"
I pushed further and said that all the documentation I presented was obviously not read. She responded that I wasnt at the planning meeting and I said that was true because I WAS IN THE HOSPITAL THAT DAY.
I canceled our order for chicks. I cannot afford the monitary or marital toll this could take. I am the breadwinner in our family and cannot miss work if I have to go to court.
I will go to this meeting with a prepared statement (still formulatimg). I realize I took a risk asking for permission rather than just use MRTF. I was so looking forward to this new experience. I will work to get the ordinance changed and plan to keep chickens next year.
Thank you to everyone that has provided so much information. Good luck to everyone.

When is the meeting?
If they allow outside opinions, I would speak to support you.

 

[wingless]

Ok, I'll come too if that is our tactic - and if my schedule (kids) permit.

But I think we also have to have a strategy to apply pressure to MDARD, since I think they are the real culprit here. Here are the options that I've come up with so far on that front:

1. Courts. Does anyone know what it would take to bring a legal case against MDARD? I have no plans to go there, but I would like to understand how that part of the system works.
2. State Legislators. They wrote the MRTFA, and charged MDARD with its implementation via GAAMPS - not its obstruction via mis-information to citizens and local units of government. But they don't know we're having problems with MDARD if we don't tell them. You can find yours here: http://www.legislature.mi.gov/(S(on1udo553t3fnv454do3e0z2))/mileg.aspx?page=legislators
3. Attorney General's Office. Bill Schuette has a Public Integrity Office which should understand and care about the harm to citizens when a public agency fails to adhere to state laws. http://www.michigan.gov/ag/0,4534,7-164-58056---,00.html
4. Michigan Commission of Agriculture and Rural Development. This is the citizen group with oversight of MDARD that passed the 2012 GAAMPS. There are 5 appointed positions, filled by the Governor, but anyone can apply. http://www.michigan.gov/snyder/0,4668,7-277-57738---,00.html
5. Director of MDARD. Snyder appointed a new director last week, and perhaps she would be willing to reconsider the position that MDARD has taken with respect to MRTF. http://www.michigan.gov/mdard/

Finally, note that if those December 2011 Ag Commission minutes are a true indication, there will be an effort soon to change MRTFA legislation - if only to solve issues around urban farming in Detroit and other cities of 100,000 or more residents. Let's say that this is a likely scenario, and that in the next two years MRTF will be back in the state legislature, where anything is possible. In this case one of the most important things we can do now, every time we bring RTF issues up to public officials, is to try to make them understand all the positive aspects of urban farming. I don't think they'll really invest unless they hear an argument that makes them understand not just the legalities of the issue, but that it is important for individual rights or sustainability or public art or agricultural diversity in Michigan - whatever it is for you, I think that should always be part of the argument.

So. Are we going to start clubbing at township and city ordinance meetings in Michigan?

 

[VikkiP]

It would be worth composing, as a group, an introductory letter to Jamie Clover Adams stating our position, intent, and goals, and to inquire into her position on the subject. Right now this is a group that would prefer to obey the law, but more importantly would prefer that those entrusted with law enforcement at state and local levels also obeyed the laws of the State of Michigan.

To encourage MDARD to enforce the laws as written is a critical task, and I would like to believe that she would step up to the plate on this. She is also a county commissioner and MSUE advisor, so initial signs are promising.

I have her personal contact info but once her new MDARD contact info is published, I'll post it when I look it up.

There has been a great deal of rhetoric on "grow local, buy local", getting local agricultural products into our schools, and partnering with major grocery chains to bring in locally grown foods. It's hard to get more local than our backyard chickens.

 

[RaZ]

As a group, I think we carry more weight.

The letters I have sent to my senator and representative have gone unanswered. But then again, they are on vacation, so I doubt that they read their mail.

I have another court date in a couple of weeks, and I've been told that they are going to "make an example of me" as they prosecute me on criminal charges for keeping chickens in the city.

Since my case went public, http://www.hometownlife.com/apps/pbcs.dll/article?AID=2012206240425 my house has been vandalized and the city officials have looked the other way even as the mayhem has escalated. The city attorney is taking a hard line against chickens, stating that state law does not pre-empt local ordinance.

I have a difficult path in front of me but I am not backing down from the fight.
My only concern is that I do not have the resources to obtain legal counsel in this fight.
I'm going it on my own without a safety net below me.

Wish me luck.
Randy Z
Garden City

 

[blackswan]

When is the meeting?
If they allow outside opinions, I would speak to support you.

Thank you so much for your support. The meeting is Monday June 9th at 7 pm at the New Baltimore municipal building. I have followed your posts and it breaks my heart that you have had to go through so much. I cannot fight this type of fight. My DH will have a fit.
If you wish to go I can give you more detailed info in a PM

Michelle (aka Blackswan)

 

[blackswan]

It would be worth composing, as a group, an introductory letter to Jamie Clover Adams stating our position, intent, and goals, and to inquire into her position on the subject. Right now this is a group that would prefer to obey the law, but more importantly would prefer that those entrusted with law enforcement at state and local levels also obeyed the laws of the State of Michigan.

To encourage MDARD to enforce the laws as written is a critical task, and I would like to believe that she would step up to the plate on this. She is also a county commissioner and MSUE advisor, so initial signs are promising.

I have her personal contact info but once her new MDARD contact info is published, I'll post it when I look it up.

There has been a great deal of rhetoric on "grow local, buy local", getting local agricultural products into our schools, and partnering with major grocery chains to bring in locally grown foods. It's hard to get more local than our backyard chickens.

Additionally, I have personally spoken to Andrea LaFontaine (my state Rep) and she said she didn't have a problem with BYC. I have asked for her support. She has been the only 'official' that took the time to initiate an email back as to the status of my request. I will reach out to her again.
I am willing to be supportive in this endeavor.

Michelle

 

[blackswan]

And my story continues...

I wrote the entire city councel, the mayor, and the clerk using the letter that is a few pages back (with some modifications) stating that while I wanted to make this a group effort and change the ordinance, I am actually protected under the MRF act with all the links to the court cases.

The city clerk promptly responded that this issue was on the agenda, but an ordinance change was not. I responded back that I had it on good authority that the counsel will only vote aligning with what the planning committee recommends. I asked her about the city attorney drafting and presenting an ordinance for chicken keeping that he was supposed to forward to the counsel per the last meeting I attended. At first, she didn't know anything about it, but then later emailed me with the draft.
I get the feeling that this is a situation where the city counsel can say they did "everything" they could (turfing it to the planning commision and getting an ordinance drafted), but in the end will only vote against it.

Either way, I plan on being at the meeting to re-state my position and intentions.

 

[VikkiP]

RaZ, we went down the same road. I pretty much gave up two and a half years of my life, incurred insane legal expenses, missed a great deal of work, and was so sick of reading and writing about our case (which to me was plain as day that we were under the MRTFA) that I wanted to quit many times. But quit is not in me...I know what you are up against, and wish you the best.

I'd like to know what kind of "criminal" charges they could spin up for what would be considered an ordinance violation or zoning violation. And since those can be considered a nuisance per se, you're back under MRTFA coverage as confirmed by my case.

Best to ya...

Vikki