No Ordinance. Still told to get rid of them! MICH.

[OldGuy43]

Yes, I understand, but The Constitution is the law of the land whether you post a sign or not. It might make you feel better, but it's unnecessary.

 

[adelore]

Get a Doctor to write you a prescription, that your chickens are for therapy for you or your kids. Therapy Animals are allowed by law. And it's a proven fact Chickens have been used in therapy in childrens hospitals, for adults ect. for years.

 

[wingless]

MaryLang, I tried reading all the legal documents around MRTFA last summer, and it was a tough slog.

This year someone on the MRTFA thread posted a paper that summarizes all the MRTFA cases, in a clear, easy to read document. The paper was written a professor at MSU and another expert at MSU Extension, so is not propaganda - it is a serious, comprehensive analysis of all the MRTFA cases, all in one place, and the conclusion is that if you have a farm operation (such as backyard chickens) are commercial (sell eggs or some other chicken product) and follow good management practices (GAAMPS, which are reasonable), then state law does indeed protect your right to keep them - regardless of city ordinances or zoning laws or anything.

The link to that document is in my signature line, and I highly recommend it.

As far as intent to be commercial goes, I don't think that is a problem, since no one has filed a nuisance suit against you. I would sell some eggs or compost now, so that you are compliant if anyone does file a complaint against you in the future.

 

[OldGuy43]

Get a Doctor to write you a prescription, that your chickens are for therapy for you or your kids. Therapy Animals are allowed by law. And it's a proven fact Chickens have been used in therapy in childrens hospitals, for adults ect. for years.

Didn't think of that approach.

It would even be true. All this stress over, "Can I keep my chickens or not?" can't be good for you.

 

[sheart]

Lest all remember that this young lady is expecting a new person for this world, and stress is not good at this point in time. I wonder who is running this town---
The officials or the people who voted them in. Neighbors should be rallying around this issue. They say history repeats itself hummm. People that want to raise their own food, should be aplauded, no one can possibly be against that. Are home gardens going to be the next thing that CITY COUNSELS are going to outlaw, because they might be to tall~~ example like sunflowers, or melons because they grow outragiously~~~or I know how about corn, it attracts dear, and animals that are not allowed in the city laws. Shiiiiiii, can you see where this is all going folks. Laws are in place to run a civil society, we can all get that, but when they take on a life of it's own, then it in itself is out of control. When we as a people cannot raise 4 chickens in a back yard, then things are out of control! What would the founding and past fathers of this country say, other than to shake their heads and have hands in a fist. These laws are not ment for this. City officials had better get this under control, before CNN shows up. And then people all over are going to be loading up back yards with animals, and pushing the issue, and who will to be a blame for this. The good city officals of CAPAC MICHIGAN. Mary, Flushing mi. has gotcha back!

 

[MaryLang]

You know! That therapy thing might just work! Our doctor is a farmer! Hmmmmmm....
Waiting for a call back. The secretary seemed a bit concerned by my question, lol! She asked specifics, so I gave them to her

 

[OldGuy43]

You know! That therapy thing might just work! Our doctor is a farmer! Hmmmmmm....
Waiting for a call back. The secretary seemed a bit concerned by my question, lol! She asked specifics, so I gave them to her

It will work!

While you can't claim them as "service animals" there is no definition as to what is a "therapy animal." They can be just about anything, a snake, a bunny, a hamster or a bird. The difference between the two is that you can take a service animal with you anywhere, such as a restaurant, the grocery store or even a movie, the same is not true of therapy animals.

Another plus; There is no way they can question your doctor's judgement because of doctor - patient confidentiality. For him to discuss his treatment of you requires your approval. Even a court cannot force him to violate the ethics of his profession.

You don't even have to have it in writing. That would just be something to show them, and say, "Now, Buzz Off!"

Hint: When you speak to your doctor tell him how stressed you are without your beloved chickens. "If only you could have them back... etc. etc." That will give him a bona fide reason to insist that you be allowed to return them home.

Wish I would have thought of this approach. What a marvelous idea. Cheers to Adelore!

 

[Kikiriki]

MaryLang, I tried reading all the legal documents around MRTFA last summer, and it was a tough slog.  

This year someone on the MRTFA thread posted a paper that summarizes all the MRTFA cases, in a clear, easy to read document.  The paper was written a professor at MSU and another expert at MSU Extension, so is not propaganda - it is a serious, comprehensive analysis of all the MRTFA cases, all in one place, and the conclusion is that if you have a farm operation (such as backyard chickens) are commercial (sell eggs or some other chicken product) and follow good management practices (GAAMPS, which are reasonable), then state law does indeed protect your right to keep them - regardless of city ordinances or zoning laws or anything.  

The link to that document is in my signature line, and I highly recommend it.

As far as intent to be commercial goes, I don't think that is a problem, since no one has filed a nuisance suit against you.  I would sell some eggs or compost now, so that you are compliant if anyone does file a complaint against you in the future.

Hi,

I am interested in these cases and have been following along even though I live in Florida. From what I understand, selling eggs can be difficult because there can be ag/FDA rules to comply with. I do not know the laws concerning egg sales in your state, but know in FL it is not as simple as handing over eggs for cash. An idea is to sell the eggs as pet food which frees you from having to wash them in chemicals or whatever else they require.

In support of a fellow BYCer, I am offering to buy a bantam feather, costing $1.50, postage included, if you open a paypal account. I will accept shipment of the feather in January 2014, but will pay as soon as you open an account.

I am happy to buy your chicken product.

Kikiriki

PS. Selling out of state frees you having to collect state tax, but read your state laws on business requirements before you accidently get into hot water for something like operating a business without a license, etc....

 

[yakibert]

Sure wish you luck here! I had to find a place outside the city limits ...I wanted chickens and the city wouldn't allow them.

 

[BigECarter]

Great news that they are willing to update the ordinance. FWIW, I looked up your ordinances and I think that the council's attorney is correct. Poultry is allowed in R1 zones. They drop that allowance for R2 and R3. So while not specifically denied, it is implied. At least that was my interpretation. (Really need to figure out how to insert the hiding under chair emoticon here).

Anyways, I think your positive approach to the issue is working great. Hopefully they will rewrite the ordinances to be clearer AND allow the hens.

I relooked at my ordinances and figured out I'm not allowed chickens either. On my 2 acres. But the golf course nearby are, because they are zoned as a mix of agricultural/residential. No point for me to go to the zoning commission. They are a bunch of morons who have no interest in working with the public. You are beyond lucky to have a council who will listen to you.