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Discussion in 'Local Chicken Laws & Ordinances' started by ldemmert, Nov 25, 2011.
It's going to be hard to enforce. The tractor stuff sounds stupid. Don't they have definitions of what a structure is in the township? I'm a zoning administrator and would never consider most chicken tractors a structure if they don't allow a human to stand up entirely within the structure, and/or aren't at least 100 square feet. That definition would rule out some hoop coop tractors. the other thing they could do is exempt portable ag buildings. As for limiting the number of birds by lot size and zoning, it is going to be hard to enforce and probably won't be until someone complains.
As I've said many times, codify the nuisance (noise, odor, etc.), not its source. A loud engine revving, or a dog barking are just as annoying as a crowing rooster or egg song hen. Dpg/cat poop that hasn;t been cleaned up is more objectional than a slightly smellly coop. It doesn't really matter WHAT couses the nuisance, regulate its existance, not the REASON it is there; let the homeowner/property renter to figure our how to prevent the nuisance. If I, (another resident) cannot hear, smell or see the nussance, then it should be considered "A O K."
Quote:The problem is that there should be no reason to enact regulations or laws on what a person can do on PRIVATE PROPERTY. That violates the very essence of our Country.
Having said that, there is no way to legislate common sense,which is the missing link in todays communities.
Seems to be a pretty good attempt at making something complicated.
Quote:From an enforcement perspective it's much easier and less costly to enforce the source. I regulate several large feed lots of 5,000 or more head of feeder cattle and many 2,450 head hog finishing units. The noise and odor are expected and considered (by the courts) a nuisance, so we regulate them by requiring setbacks to neighboring residences. We do allow the residence or the farmer to sign a wavier to allow a livestock operation or a home to locate within the setbacks. The equipment to measure odor is expensive and not really accurate. The main way to determine if odor is a nuisance is using (I'm not kidding) trained human sniffers. You can put pigs or cattle in a building, but cannot shut them up inside or outside. Iowa State University, the University of Nebraska-Lincoln, South Dakota State University and the University of Minnesota have all designed computerized "setback tools" for livestock based on weather based on prevailing winds, but generally they have not been accepted (in Nebraska) because data on open lots isn't really available.
As far as backyard chickens, I agree there are other things in a residential area that are bigger nuisances than a few chickens like vehicle motors (most communities prohibited parking of diesel tractors in residential areas or regulate warmup time), barking dogs (biggest small town complaints dealt with by cops), parties, children, more than 4 dogs and/or cats (this is a zoning standard for a kennel. Some communities raise or lower this number.) etc. The biggest problem with chickens in residential areas is proper handling of the manure. Improper composting or stockpiling coop cleanings can cause odor problems.
Dirtsaver I agree with you to a point, but would you like a 10,000 cattle feedlot built by your neighbors or a 24 hour store put next-door? A lot of people don't even want or Rottweiler or a Pit Bull (1) next-door. Use of a person's property IMO should be regulated only on the health, safety and well-fare of the neighbors. That's why in the two counties I work for, we regulate distances between potential nuisances like feedlots, hog buildings, ethanol plants, fertilizer manufacturing etc. We also regulate the number of non-farm homes located in the agricultural zoning districts, because most farming practices, even non-livestock, can be a nuisance at times.