Portland, TN- no chickens within city limits?

[Sonoran Silkies]

Quote:
Even worse than the above chicken and bunny ban, I found this gem while trying to find the exceptions to the rule in 'the provisions':
Section 5 (Of Article I, page C-8). Be it further enacted, That all ordinances, now in force or
hereafter enacted, of a moral, criminal, quasi-criminal, sanitary or penal nature
shall apply to any and all surrounding territory within one mile of said corporate
limits. The City Council may by ordinance determine what constitutes a
nuisance within the city limits and within said above mentioned mile limit, and
regulate or abate said nuisance therein and within said mile limit. The
jurisdiction of the City, City Court, and the police powers of the City shall
include said one mile territory for the purpose of enforcing the above provisions
and the police power shall be co-extensive with that of a sheriff or his deputies
in the execution of any paper or process issued from said City Court, or in the
enforcing of any of the city ordinances.

They are now claiming that the ordinances apply one mile outside of the city limits and includes for 'sanitary purposes'. That's a pretty broad brush since some folks (ignorantly) state the reason to ban chickens and other livestock is for sanitary reasons.

Unless state or county laws give the city jurisdiction over land outside its limits, that part is unenforceable. That said, I recall reading a case a while back where a city's zoning ordinance was effective outside of the city limits. I cannot recall exactly how, but the city did have jurisdiction.

Check the uses allowed in your zoning; that is the place most likely for countering the ordinance forbidding animals "except as..."

 

[dretd]

Quote:
Sounds like its time to consult with the City Attorney and state what you did just now--the only provisions are for ones that are at large or a 'nuisance' so yours are legal and have them clarify for you. If you just read the Animal Control provision it looks like they are disallowed, but I get what you are saying about that being the only provision regarding the livestock--I certainly couldn't find any other parts. If you don't like the City Attorney's response, then go higher up the food chain, talk to your elected councilman and even put in a call to the mayor's office if needed.

Personally I would also call Animal Control since it looks like they would be the one enforcing the law and ask them what their understanding of the law is. In my dealings in my city, I have found that you can get things sorted out if you are proactive and jump on a problem right away. Don't take the first person's word for it if you don't like the answer, either. Be very polite but firm.

 

[dretd]

Quote:
The interesting thing is that this code from 1980 is mute on hares and other similar animals, but they are specifically listed in the 2007 ordinance under Animal Control. So does this mean that rabbits are forever banned because they are not listed in the running at large provision in 10-101? Yep, I'd contact an attorney for clarification.

 

[dretd]

Quote:
I suspect that the city may have an arrangement with the sheriff for jurisdiction. Otherwise if there are houses right outside of the limits but seemingly part of the town there could be all sorts of legal problems like the police were acting ouside of their jurisdiction and therefore their actions thrown out of court on a technicality if they are called in to intervene in a criminal matter. I just thought it odd they included the 'sanitary' nature wording in there.

Excellent advice to check the zoning. In our local muni code it states very plainly that except for areas zoned for livestock that the keeping of more than 6 hen chickens or any roosters is banned. Very simple and straightforward, refers you to check with your zoning for permissable use. Don't have to be a lawyer to interpret the law, its plain for all to read.

 

[Gator57]

Yes, I’m reviving a dead post. Just curious what the final say so was for those of you within city limits? I’ve had my birds for about three months now and my wife is starting to worry about code enforcement.

My neighbors thus far do not have any issues with my birds and I plan on keeping it that way.(free eggs go a long way).

im in the same boat as the original poster where most of my surrounding property is farmland.
My neighbors are great so I’m hoping so long as I keep my hens out of trouble I’ll be okay.