So, I discussed it elsewhere but I'm going to post a recap of it here. This is the ACTUAL TEXT of the bill;
(4) The number of units of small livestock kept, harbored, bred, or maintained on the residential property divided by the acreage of the residential property exceeds a ratio of one small livestock unit per one acre of residential property, in accordance with the small livestock unit chart as follows: Small livestock unit chart Type of animal: Unit measurement: Goat 1 goat = 0.3 unit...
As Introduced Chicken or similar fowl 1 fowl = 0.05 unit
Rabbit or similar small animal 1 animal = 0.05 unit
(C) Division (B)(4) of this section does not apply to a person if a local government, by law, allows the number of units of small livestock kept, harbored, bred, or maintained on a parcel of residential property to exceed a ratio of one small livestock unit per one acre of residential property, and the person is in compliance with that law.
For reference. This means if you run a small goat, rabbitry or chicken operation in Ohio that's largely unregulated in number of animals, you've just lost it. Especially if you are urban. Here's my property's example;
0.24 acres (1/4 acre) means I get 0.25 units.
That's five small animals. Total. I would have to chose chickens or rabbits and reduce down to a non-breeding-stable population. My rabbits have 4'x4' cages. They are well cared for and nearly silent. My chickens have an 800sqft pen that is 100' from any houses - capable of holding far more than 5 chickens. I would be reduced to five of both of those animals combined TOTAL. That is OBVIOUSLY not a viable breeding population.
This is an especially serious issue for people who run small chicken or rabbit breeding operations, which include the majority or rare breed, threatened and livestock conservancy breeders along with literally every single urban farm, small integrated farm, small sustainable homestead, etc.
For example my lot has no city or county wide regulations on it. It's just totally unaddressed and I know for a fact from dealings with the city that it defaults to Ohio state law - something I've had to refer to over the years as neighbors have challenged my legally owned chickens. Therefore the law default for my city becomes this law - and my entire farm becomes illegal.
This would not only wreck me but most microfarms and integrated management farms and urban agriculturalists who live in unregulated areas. It would destroy most of the rabbit breeders I know who keep 6-12 rabbits in small spaces because they're unobtrusive. This would be tragic. Most of us operate in areas where animal counts are unregulated BECAUSE they're some of the few we can operate out of. If I were to move, say, into Cleveland proper (I'm in a near suburb) my actions would be much more strictly regulated than they are here and I would be paying a lot of overhead I can't afford in fees and licensing and inspections. As it stands since it's unregulated and defaults to Ohio state law it's basically permissible as long as it's not an external nuisance, health hazard or cruelty to animals. If Ohio passes a law regulating it, the default looks different. This is true for the vast majority of counties in Ohio outside of major cities. If your flock of 4 hens on .10 acre is currently legal because your city doesn't have a law for it, or your two goats and 10 chickens on an acre are legal because "everyone has them and nobody says I can't", if this passes they won't be anymore.
There is some other text here;
"This provision effectively allows a person to keep more small livestock on their property than the person would otherwise be allowed under the bill if authorized by a local authority. For example, if a municipal corporation allows a person to keep chickens and does not restrict the number of chickens that the person may keep, the restrictions established in the small unit livestock chart would not apply."
This clause (in conjunction with line 256 which states it must be allowed by law highlighted in the text above this) means if this passes that means the city must actively permit larger numbers in the texts of their ordinances and if they do not then it defaults to this laws maximum. Basically that means that if your livestock are not illegal, but are not actively legalized in some way with a specific amendment that permits those animals, the law effects YOU.
Which means that if your city says "You may keep 4 chickens on 1/10th of an acre or larger lots" you can still. But if they have no laws you can't. All of those tiny townships and cities with no real reason to regulate this sort of thing beyond "don't be a nuisance" suddenly have to rush through bills permitting and regulating how many animals you can have on what size property. And many places won't do that. Many places will lose the right to own useful numbers livestock, even on lots as big as 5 acres. I will lose that right, personally. The cities and townships in question that are now trying to regulate this will also have to ponder if they have the resources to enforce whatever limits they put in. I doubt a township with mostly 1-5 acre plots that's "30% developed" like this law regulates has a lot of money for animal control on how many chickens are on those 5 acres (which is 100 chickens with 2000sqft per bird, btw.).
Please bear in mind that this bill does not ONLY set a legal required minimum. They could 100% phrase it that way if they wanted it to ONLY set a minimum legal allowance but that is not how it is phrased. They could add a clause like "if no law is written in a township or city regulating these animals this law doesn't apply" or whatever legal jargon is needed. As-is it also sets a legally allowed maximum and until that's taken out there's no way this won't hurt a lot of people within our industries. This kills small livestock breeders state wide.
The idea that rabbits need to be kept 5 to 1/4 acre is just... The worst thing I've read in years. Luckily for me I talked to a lawyer friend (who confirmed my interpretation of the bill to his knowledge) who said it's currently an unpopular bill with almost no sponsors or motion in the system. And it may be illegal to pass as-is based on the 5th amendment and no grandfathering clause because you would be making legal activity and use of property illegal, turning a whole class of people into criminals without notice.
This bill has the potential to be reworded into something else more functional that doesn't destroy thousands of smallholders lives across the nation. But as it stands right now, well, I believe there's a reason this bill is not popular in legislature, and has only one sponsor. Additionally, this is NOT the first time this bill has been presented. It was presented as HB 175 and died on the table in 2017 at the same stage the current bill proposed is at. IMO it's not a bill to be happy about and if it advances many backyard chicken owners will lose their rights to a flock capable of feeding their family, let alone be able to breed them.
Please read the whole bill for yourselves, not just the headlines. It's highly digestible when you get past the definitions.
(4) The number of units of small livestock kept, harbored, bred, or maintained on the residential property divided by the acreage of the residential property exceeds a ratio of one small livestock unit per one acre of residential property, in accordance with the small livestock unit chart as follows: Small livestock unit chart Type of animal: Unit measurement: Goat 1 goat = 0.3 unit...
As Introduced Chicken or similar fowl 1 fowl = 0.05 unit
Rabbit or similar small animal 1 animal = 0.05 unit
(C) Division (B)(4) of this section does not apply to a person if a local government, by law, allows the number of units of small livestock kept, harbored, bred, or maintained on a parcel of residential property to exceed a ratio of one small livestock unit per one acre of residential property, and the person is in compliance with that law.
For reference. This means if you run a small goat, rabbitry or chicken operation in Ohio that's largely unregulated in number of animals, you've just lost it. Especially if you are urban. Here's my property's example;
0.24 acres (1/4 acre) means I get 0.25 units.
That's five small animals. Total. I would have to chose chickens or rabbits and reduce down to a non-breeding-stable population. My rabbits have 4'x4' cages. They are well cared for and nearly silent. My chickens have an 800sqft pen that is 100' from any houses - capable of holding far more than 5 chickens. I would be reduced to five of both of those animals combined TOTAL. That is OBVIOUSLY not a viable breeding population.
This is an especially serious issue for people who run small chicken or rabbit breeding operations, which include the majority or rare breed, threatened and livestock conservancy breeders along with literally every single urban farm, small integrated farm, small sustainable homestead, etc.
For example my lot has no city or county wide regulations on it. It's just totally unaddressed and I know for a fact from dealings with the city that it defaults to Ohio state law - something I've had to refer to over the years as neighbors have challenged my legally owned chickens. Therefore the law default for my city becomes this law - and my entire farm becomes illegal.
This would not only wreck me but most microfarms and integrated management farms and urban agriculturalists who live in unregulated areas. It would destroy most of the rabbit breeders I know who keep 6-12 rabbits in small spaces because they're unobtrusive. This would be tragic. Most of us operate in areas where animal counts are unregulated BECAUSE they're some of the few we can operate out of. If I were to move, say, into Cleveland proper (I'm in a near suburb) my actions would be much more strictly regulated than they are here and I would be paying a lot of overhead I can't afford in fees and licensing and inspections. As it stands since it's unregulated and defaults to Ohio state law it's basically permissible as long as it's not an external nuisance, health hazard or cruelty to animals. If Ohio passes a law regulating it, the default looks different. This is true for the vast majority of counties in Ohio outside of major cities. If your flock of 4 hens on .10 acre is currently legal because your city doesn't have a law for it, or your two goats and 10 chickens on an acre are legal because "everyone has them and nobody says I can't", if this passes they won't be anymore.
There is some other text here;
"This provision effectively allows a person to keep more small livestock on their property than the person would otherwise be allowed under the bill if authorized by a local authority. For example, if a municipal corporation allows a person to keep chickens and does not restrict the number of chickens that the person may keep, the restrictions established in the small unit livestock chart would not apply."
This clause (in conjunction with line 256 which states it must be allowed by law highlighted in the text above this) means if this passes that means the city must actively permit larger numbers in the texts of their ordinances and if they do not then it defaults to this laws maximum. Basically that means that if your livestock are not illegal, but are not actively legalized in some way with a specific amendment that permits those animals, the law effects YOU.
Which means that if your city says "You may keep 4 chickens on 1/10th of an acre or larger lots" you can still. But if they have no laws you can't. All of those tiny townships and cities with no real reason to regulate this sort of thing beyond "don't be a nuisance" suddenly have to rush through bills permitting and regulating how many animals you can have on what size property. And many places won't do that. Many places will lose the right to own useful numbers livestock, even on lots as big as 5 acres. I will lose that right, personally. The cities and townships in question that are now trying to regulate this will also have to ponder if they have the resources to enforce whatever limits they put in. I doubt a township with mostly 1-5 acre plots that's "30% developed" like this law regulates has a lot of money for animal control on how many chickens are on those 5 acres (which is 100 chickens with 2000sqft per bird, btw.).
Please bear in mind that this bill does not ONLY set a legal required minimum. They could 100% phrase it that way if they wanted it to ONLY set a minimum legal allowance but that is not how it is phrased. They could add a clause like "if no law is written in a township or city regulating these animals this law doesn't apply" or whatever legal jargon is needed. As-is it also sets a legally allowed maximum and until that's taken out there's no way this won't hurt a lot of people within our industries. This kills small livestock breeders state wide.
The idea that rabbits need to be kept 5 to 1/4 acre is just... The worst thing I've read in years. Luckily for me I talked to a lawyer friend (who confirmed my interpretation of the bill to his knowledge) who said it's currently an unpopular bill with almost no sponsors or motion in the system. And it may be illegal to pass as-is based on the 5th amendment and no grandfathering clause because you would be making legal activity and use of property illegal, turning a whole class of people into criminals without notice.
This bill has the potential to be reworded into something else more functional that doesn't destroy thousands of smallholders lives across the nation. But as it stands right now, well, I believe there's a reason this bill is not popular in legislature, and has only one sponsor. Additionally, this is NOT the first time this bill has been presented. It was presented as HB 175 and died on the table in 2017 at the same stage the current bill proposed is at. IMO it's not a bill to be happy about and if it advances many backyard chicken owners will lose their rights to a flock capable of feeding their family, let alone be able to breed them.
Please read the whole bill for yourselves, not just the headlines. It's highly digestible when you get past the definitions.
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