Their trying take our chickens away with crazy laws. eden nc.

[citalk2much]

How did the meeting go!

 

[AboutSixPounds]

Here's the followup in the News & Record (second half of the article):

http://www.news-record.com/content/2009/02/18/article/eden_bans_sex_offenders_from_parks

The upshot:

The council voted unanimously in favor of a motion by Councilman Jim Burnette to send the matter back to the planning staff to study how to address the nuisance aspect of allowing fowl inside the city limits.

Ordinances are already in place for noise and noxious odor complaints, so one would hope the town could use those to address any relevant chicken issues. But the good news is that they didn't just approve the ban without thorough discussion. This is a very rural, agricultural county, and the town of Eden itself has more than 500 properties of 2+ acres (a stat quoted in another proposed ordinance in last night's meeting) so a lot of folks would be affected by a poultry ban. Stay tuned...​

 

[Orpingtonman]

Quote:
Did anybody catch if this was just for Eden or is it state wide?

 

[AboutSixPounds]

Just in Eden, NC. I don't know that a state can make an overarching ordinance like this.

More detail of the meeting in today's paper in the link below. Seems like the city council and mayor pro tem took a rational view of the situation.

http://tinyurl.com/blawv3

 

[chickencity]

someone told me that there is something in the constitution that says you have the right to farm and feed your family. i cant find anything that says that. and i also cant find anything about a grandfather claus for eden nc. if anyone can find this info for me i would really apperciate it. we have a petition going around and hopefully they will come to some agreement. i just hatched out 20 banty chicks that i had in the incubator b-4 all of this started. i was on craigs list looking for a new brooder and come across a posting from someone in eden selling everything. i contacted them and come to find out its the biggest chicken owner in eden. he is selling out and giving up i wish he really would have waited it out and put up a fight.

 

[AboutSixPounds]

Here's the NC statute that covers right-to-farm:

http://www.ncleg.net/EnactedLegislation/Statutes/HTML/ByArticle/Chapter_106/Article_57.html

This page explains right-to-farm laws (footnote 2 quotes text from the link above):

http://www.newrules.org/drdave/3-rttofarm.html

As I interpret it--and I'm no lawyer--NC's right to farm law covers large-scale farms that existed before other developments like homes or businesses grew up around them. Like if a family farm has been on a plot of land for many years, and then a subdivision is built next to it. The people in the subdivision knew the farm was there when they moved in, and the developers knew about the farm, so right-to-farm laws say they can't complain the farm is a nuisance and get it shut down.

I don't think right-to-farm laws would apply in town, but if push came to shove in Eden, you might want to check with an attorney. (Maybe Tommy Harrington in Eden, who was so instrumental in getting the county's property tax revaluation rescinded today--yay!)

Since the planning board was told to look at how to deal with the nuisance aspect, it might be worth persuading them to enforce existing ordinances, such as noise or odor ordinances, instead of banning chickens outright. Besides, if they can't enforce the ordinances they already have, what makes them think they can enforce a chicken ban?

 

[chickencity]

there will be a meeting tomorrow. they have changed their minds and are going to try and change the law to say that no roosters are allowed, no more than 20 hens can be kept, and the coop must be 150' away from neighboors. and hens may not be raised for comercial bussines purposes. at least they dont have to be in the house!