Update on "outlaw" chickens

[1stepcloser]

Great. Well here we go. Inspector guy is coming to take pics back to the office tomorrow. He has been nice and sympathetic, mostly because I get the sense he doesn't enjoy being the bad guy. That and wording in our city ordiances don't seem to ban chickens as it has been implied. I have searched and searched and was only to dig up the following:


(Under city board notes)
1) A reference made to changing the word "animals" under Property Code Maintenance Code Subsection (1) Keeping livestock, farm animals, domestic fowl, bees and other similar species of any kind. After a general discussion motion to send subsection (1) w/the ammendment to include exotic animals as well. The vote for the motion was unamimous. <- For the life of me, I cannot pull up anything under "property code maintenance".

(Under City Statutes)
2) Clarksville City Statute Section 3-104: Keeping in Such a Manner as to Become a Nuisance: No animal or fowl shall be kept in such a place or condition as to become a nuisance either because of noise, odor, contagious disease, or other causes.

Under County Animal Control
3) (j) Domestic animal includes dogs, cats, domesticated sheep, horses, cattle, goats, swine, fowl, ducks, geese, turkeys, confined domestic hares.

Definition according to County
4) AGRICULTURAL USE: This includes the growing of raising and maintenance of poultry and other livestock, horticulture, viticulture, floriculture, forests and timber, and any processing of products raised on the premises. Commercial feed lots, the raising of furbearing animals, riding academy,livery or boarding stables or dog kennels are not considered to be normal agricultural uses.

County Permitted Principal and Accessory Uses and Structures
5) Agriculture uses and their accessory structures as defined in Article II, provided that no buildings to be used for the keeping of poultry or farm livestock shall be located closer to any property line or dwelling than two hundred (200) feet.

___________

So when push comes to shove, who wins? County or City laws?? Or even when county laws conflict? (Who says fowl is domestic or agricultural?)

 

[Sonoran Silkies]

Well, generally county code does not apply to issues that are covered in city code--it is a case of jurisdiction. Now this could vary depending on your state statutes. Typically residential property is subject to city code only if it falls within the city limits--there may be some very specific instances where the county retains jurisdiction.

So, how many birds do you have? What is thier primary purpose? If you consider them to be primaily for their eggs or meat, and especially if you sell eggs or meat, then they would almost certainly be judged as being agricultural. If they are pets who provide an gift, that is another matter entirely.

 

[PineappleMama]

Sounds like both city and county put dogs and chickens in the same boat.

City says you can't have ANY PET^ if it, or it's housing, is a nuisance to others.
(Dogs can't poo in neighbor's yard, Cat can't spray neighbor's door, Chicken coop can't be stinky all in same boat)

County says that you can't have COMMERCIAL pets ... kennel, battery, etc.

I don't see how any of that stuff prohibits a person from having any pet, of any kind, nor does it limit them to any number. The limitations only go into effect if there is a problem (complaint of a nuisance) or if you are a commercial enterprise. It seems that you can have six dogs, six cats, or six chickens so long as they don't irritate anyone else. Seems you could have a dozen of each, so long as you aren't selling them.

But, that's just my take on it... I'm not a lawyer in any way shape or form. *shrug* I believe that laws should be written to where the average laymen can understand them. Otherwise it's not a citizen run government, but an elitist one who can punish anyone at any time for any reason, since ignorance is NOT a defense for committing an offense.

 

[theFox]

Can you post links to

1. your states statues
2. your county statues
3. your town statues

and

4. provide the zoning information for the zone where you want to keep your birds ?

Things like board notes don't count, it appears on the surface that you can keep birds under exactly the same rules as dogs or cats.

 

[1stepcloser]

You guys are seeing the same thing I am then. We are zoned residential. I have 6 hens, no roos, and a completely fenced yard. They have never entered a neighbor's yard...ever. And yes, they are my pets who reciprocate their love with eggs. LOL

Tennessee State Statute: As far as I can tell, there are none pertaining to fowl. They have the usual animal cruelty and captive hunting statutes but nothing about pets. Oddly enough under the county regs, they list "state and local".

Montgomery County Statute:

STATE & LOCAL REGULATIONS WITH RECOMMENDATIONS FOR COMPLIANCE

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CRUELTY:
Tennessee State Law (TCA) 39-14-202.1: It shall be unlawful for any person to torture, maim or grossly overwork an animal. Montgomery County Resolution (MCR) and Clarksville City Statute Section 3-107: Cruelty to Animals: It shall be unlawful for any person to be guilty of cruel and inhumane treatment of any dumb animal.



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FOOD, WATER, CARE, OR SHELTER:
Tennessee State Law (TCA) 39-14-202.2: It shall be unlawful for any person to fail unreasonably to provide necessary food, water, care, or shelter for an animal in the person's custody. Montgomery County Resolution (MCR) and Clarksville City Statute Section 3-105: Treatment and handling of confined animals: Animals or fowl of any kind shall not be kept or confined in any place where the water, shelter, ventilation, and food are not adequate and sufficient for the preservation of its health, safe conditions, and wholesomeness for food if so intended.

Provide Plenty of Food & Water:
In winter, pets need to eat nearly double their summer rations to keep a layer of body fat to keep warm. Water must be available at all times, especially during the summer when panting causes dehydration. Put water in a sturdy bucket inside a rubber tire to prevent tipping. Check bucket often for freezing during winter.

Protect Your Animals In summer:
Animals are more susceptible to heat than humans. Since dogs do not perspire, they can only cool themselves by panting and sweating through their paws. Short-nosed breeds like pugs and bulldogs are especially prone to heat stress. The same goes for northern breeds like Huskies, whose thick fur is designed for Alaskan winters, not Tennessee summers. At all other times, make sure they have access to shade. Tree shade can lower the ambient temperature by as much as 10 degrees. In summer, when chained, dogs have no choice but to urinate and defecate right where they live (something they never do in the wild). The waste draws flies which drive the dogs crazy - flies will actually eat off the tips of the dog's ears and cause other skin rashes and problems (See Section on Confinement).

Protect Your Animals In winter:
In nature, animals live in cozy dens, their fur like your own winter coat, offers some protection, but they can still feel miserable in the cold. Puppies, elderly dogs, and small shorthaired breeds like pointers and Dobermans should never be left outside during cold snaps:

Shelter:

The house should be constructed of plastic or painted wood (metal rusts and conducts heat or cold). Make sure it does not leak and that it faces sought in winter, north in summer.
It should be of adequate size to allow the dog to enter the house while standing upright with adequate space for the dog to turn around. When the dog lies down in the house, no part of the animal protrudes from the house.
Raise the house off the ground several inches.
Put a flap over the door (an old rug or rubber mat with strips cut vertically).
The roof should extend 8 inches over the doorway to keep out rain.
Use straw, newspaper, or cedar shavings for bedding; nail a strip of wood at the bottom of the doghouse door to keep them from spilling out. Do not use rugs or rags- They absorb water and can freeze.
Put water in a sturdy, tip-resistant bowl or bucket or inside a rubber tire to prevent tipping. Check several times a day for freezing during winter, and emptiness during summer.

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ABANDONMENT:
Tennessee State Law (TCA) 39-14-202.3: It shall be unlawful for any person to abandon unreasonably an animal in the person's custody.


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CONFINEMENT:
Tennessee State Law (TCA) 39-14-202.4: it shall be unlawful for any person to transport or confine cruelly an animal in the person's custody. Montgomery County Resolution (MCR) and Clarksville City Statute Section 3-106: Cleanliness and Sanitary Conditions of Pens and Enclosures: Whenever animals or fowl are kept within the city, the building, structure, corral, pen, or enclosure in which they are kept shall be maintained in a clean and sanitary condition at all times.

If your dog is chained, there are several things to consider. The law does not prohibit you from chaining your dog, but your may be charged under several state and local regulations if the dog is not chained safely and provided for. The Humane Society recommends that an animal be chained out no more than eight hours per day. Dogs are pack animals, so it is important for them to socialize and be with others.

Bring your dog inside. Do not kid yourself that dogs "get used" to living outside. Unless your or other dogs are out there to share it with them, the yard quickly loses its charm. Constant barking is really a cry for attention (and you could receive a citation if the barking is a bother to your neighbors Reference CSS Sections 3-104 & 3-205). If it has stopped, it is not because your dog is content, but because he or she has given up hope for attention.
Build a fence. A 6 foot privacy fence is safest - it is harder for dogs to escape and harder for others to bother your dog. If a fence is out of your budget, set up an overhead running line so your dog can ecercise without getting tangled. Use a harness instead of a collar so dogs cannot strangle or hang themselves. This also decreases the chances of them pulling a collar over their heads and escaping.
The area that an animal is kept in must be free of hazards that would entangle the chain, which in turn could prevent the animal from reaching food, water, or shelter.
The area should also be free of physical hazards that might injure the animal. For example glass, metal, rocks, etc.
The area in which the animal is kept must be clean. If odors and flies are present, this presents a health hazard to your animal (and you could receive a citation if the odor is a bother to your neighbors Ref: CSS Sections 3-104 & 3-205).

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AT LARGE:
Tennessee State Law (TCA) 44-8-408: it shall be unlawful for any person to allow an animal in the person's custody or a dog belonging ot or under the control of such person, or may be habitually found on premises occupied by that person, to go upon the premises of another or upon a publick road or street. Montgomery County Resolution (MCR) and Clarksville City Statute Section 3-203: Running at Large Prohibited: It shall be unlawful for any person to permit any dog or animal owned by him or under his control to run at large.


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DANGEROUS OR MISCHIEVIOUS ANIMALS AT LARGE:
Montgomery County Resolution (MCR) and Clarksville City Statute Section 3-203: Running at Large Prohibited: It shall be unlawful for any person owning or being in charge of a dangerous or mischievous animal to run at large. The Clarksville City Statute has been amended to further define what a "Dangerous Dog" is and what your rights as an owner are in the City of Clarksville. If you have questions regarding this law, please contact your attorney: The assigned investigator also has a copy of the full CSS that you may look at.



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RABIES PROOF:
Tennessee State Law (TCA) 68-8-101 Thru 68-8-114: It shall be unlawful for any person to own, keep, or harbor any dog or animal without having the same duly vaccinated against rabies and duly registered. Montgomery County Resolution(MCR) and Clarksville City Statute Section 3-201: Rabies Vaccination and Registration Required: It shall be unlawful for any person to own, keep, or harbor any dog or animal without having the same duly vaccinated against rabies and duly registered in accordance with the provisions of the Tennessee Anti-Rabies Laws.

Proof of rabies is a stamped/signed receipt from a Veterinarian. Proff of Rabies Certificate will have a registration number that matches the issued tag. Rabies shots are not authorized to be given by owners and must be administered by a Tennessee Veterinarian and duly registered with the Health Department.


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RABIES TAG DISPLAY:
Tennessee State Law (TCA) 68-8-101 Thru 68-8-114: It shall be unlawful for any person to own, keep, or harbor any dog or animal which does not wear a tag evidencing the required rabies vaccination. Montgomery County Resolution (MCR) and Clarksville City Statute Section 3-202: Rabies Tag Evidencing Vaccination Required: It shall be unlawful for any person to own, keep, or harbor any dog or animal which does not wear a tag evidencing the required rabies vaccination in accordance with the provisions of Section 3-2-1 and the Tennessee Anti-Rabies Laws.

Proof of rabies is a stamped/signed receipt from a Veterinarian. Proof of Rabies Certificate will have a registration number that matches the issued tag. Rabies shots are not authorized to be given by owners and must be administered by a Tennessee Veterinarian and duly registered with the Health Department. Dogs or cats are required to display the rabies tag on their collar or harness. This tag will assist city & county agencies in the return of the animal to its registered owner.

MISCELANEOUS INFORMATION:
Clarksville City Statute Section 3-104: Keeping in Such a Manner as to Become a Nuisance: No animal or fowl shall be kept in such a place or condition as to become a nuisance either because of noise, odor, contagious disease, or other causes.

Clarksville City Statute Section 3-104: keeping or Harboring Noisy Dogs or Animals Prohibited: No person shall own, keep, or harbor any dog or animal which by loud and frequent barking, whining or howling, or other unusual noises, annoys or disturbs the peace and quit of any neighborhood, family or person.

I am assuming the two listed about underlined are our city statutes. I can find nothing else beyond the 200 ft. rule for a building.

 

[Sonoran Silkies]

By specifically mentioning fowl in the portions about nuisances & noise, they have stated that they are allowed, but you must keep them in such a manner as to prevent tehm from being nuisances: keep them in clean and healthy conditions, keep them in your yard, house them in a manner whereby crowing or clucking is not loud or obnoxious (in other words, soundproof your coop),

 

[1stepcloser]

Quote:
Sorry, here is the link where I am finding the majority of the info. Will keep digging. http://www.montgomerycountytn.org/county/animal_control/forms/Animal_Control_Regulations.pdf

 

[1stepcloser]

Update 1/14/10

Welllllllllll.....the inspector guy came out and took exactly two pictures. He pet on of my chickens and told me he thinks he knows who complained. The actually complained about my "structure" (chicken coop), he came out to investigate the structure and found the chickens...now here we are. He gave me a copy of the agricultural uses that I posted earlier. I very politely told him that if I were to be considered under THAT area, I wouldn't be able to grow a garden and surely my tomato plants did not violate city code? I told him I was going by animal control regulations (also posted up above) and not to be difficult, but under THOSE statutes I was perfectly within my rights to keep my feather babies.

The long and the short is this: I am going to 100% dismantle my former coop (which I was hoping to still use as a fenced garden area). He is going to try to help me find a legal way to keep the chickens BUT worse case scenario, he told me to hide my chickens when he came back for pictures of the completely removed structure and we would both keep our fingers crossed that no one complains about them.

Nice guy.

 

[Oblio13]

The land of the free and the home of the brave, where you need government permission to own a chicken.

 

[1stepcloser]

Quote:
Don't even get me started. Five years...that is my mantra. Five years and I plan to be so deep in the middle of nowhere that I will have to drive several miles to pick up my mail.