Yup, that's the paper alright. The chief came to my door tonight with a copy of the nothing ordinance, or more accurately a paper showing me what ordinance to go get in the morning. And saying the attorney sided with her. And that now it's in councils hands. And that the Michigan Right to Farm only applies to me if I'm commercial ( the first thing I did was send a letter of intent to the manager, so there should be no confusion there). ...and.....the chief and a state cop have been sitting in front of my house for an hour now, just sitting making a spectacle and giving my 5 kids something to keep looking out the window at.
What she (Chief) dropped off was the ordinance:
"Principle uses permitted.
All uses of land listed as a special land use shall be permitted throughout the district under which they are listed. Any use not expressly listed as a principle use permitted is prohibited in that district unless approval has been obtained from the planning commission for the use as a use permitted after special approval.".
That is what I was warned about?! I also picked up the entire village code for district R-3 which has nothing in it. When I say that I mean nothing citing any of the above, nothing about land usage. Nothing about any type of animal, tree or... breathing space. It gives the list of use of R-3: Single Family Dwellings, Residential facilities, Churches, Schools, Cemetaries, ect...
but nothing specific at all reguarding single family dwellings. So with this, no one should be able to own a dog or canary or park a bike in their driveway or pretty much anything.
So this general code covers anything they want it to.
And the attorney sided with them on this?
At least she "
says" the attorney sided with her. At this point I am seriously beginning to doubt her veracity. First, contact the attorney. Ask, point blank if he is really siding with her. Next, no matter what he tells you, as others have said, "Bring your chickens home!" When you do, do it publicly. Do not 'sneak' them in. That gives the impression that you know you are in the wrong. Have several people (the more, the better) present with video cameras. The newspaper with a photographer and even a TV station would be even better.
If they try to stop you
insist that they write you a citation. Remember, under the 4
th Amendment to the U.S. Constitution they cannot take your chickens from you without due process. In all of this
BE LOUD!!! You have nothing to hide. Don't give up. You can fight city hall and win.
By the way, is Police Chief an elected or appointed position in your town?