Updated Municipal Code Question

[PIXIEFARTS]

It looks like my town updated there codes.
Can someone explain this in english for me?
Looks like they just changed it Feb 3rd.

TO ADOPT AN ORDINANCE TO AMEND CHAPTER 75 SECTION 715 FURTHER
PROHIBITING CERTAIN ANIMALS FROM BEING KEPT WITHIN THE CORPORATE
LIMITS OF THE CITY OF ROSEVILLE TO PROVIDE FOR REPEALER
SEVERABILITY AND EFFECTIVE DATE
CITY OF ROSEVILLE
MACOMB COUNTY MICHIGAN
ORDINANCE NO 1231
AN ORDINANCE TO AMEND CHAPTER 75 SECTION 715 FURTHER PROHIBITING
CERTAIN ANIMALS FROM BEING KEPT WITHIN THE CORPORATE LIMITS OF THE
CITY OF ROSEVILLE TO PROVIDE FOR REPEALER SEVERABILITY AND
EFFECTIVE DATE
THE CITY OF ROSEVILLE ORDAINS
Section 1 Chapter 75 Section 715 is hereby amended to provide as follows
715 Permission required to keep certain animals
No horses calves cows sheep new world camelids goats bison privately
owned cervids ratites equine poultry waterfowl or fowl shall be kept within the
corporate limits of the City
Section 2 Repealer All ordinances or parts of ordinances in conflict herewith are
repealed only to the extent necessary to give the ordinance full force and effect
Section 3 Severability If any article section subsection sentence clause phrase or
portion of this ordinance is held invalid or unconstitutional by any court or competent
jurisdiction such portion shall be deemed a separate distinct and independent
provision and such holding shall not affect the validity of remaining portions of the
ordinance being the intent of the City that this ordinance shall be fully severable
Section 4 Effective Date Provisions of this Ordinance shall become effective twenty
20 days following adoption

 

[WingingIt]

No horses calves cows sheep new world camelids goats bison privately
owned cervids ratites equine poultry waterfowl or fowl shall be kept within the
corporate limits of the City


You can't have any of those animals inside city limits.


section 2 says that if there are any old ordinances that contradict this new one (meaning there are old ordinances that say you CAN have some of those animals) they are repealed (canceled) and no longer apply.


section 3 means that if you challenge them in court about any part of this new ordinance and win against them, it will apply only to that specific part and they will still expect everyone to abide by the rest of the ordinance.


Does that help?

Sounds like trouble........

 

[PIXIEFARTS]

Thanks WingingIt

Arg. This is not cool. All last year I researched the codes. I was so confident I could have legal chickens.
Nice timing since I have 3 baby Chicky's that just hatched. what

 

[WingingIt]

Quote:
That's what I was afraid you were going to say, that you already had some.

I'm sorry. I wonder if there is some way to be grandfathered in since the old ordinance did allow them?

 

[PIXIEFARTS]

Not sure. I just moved to this house last summer.
I guess I gotta post my chicky's on Craigslist.

I'm sad.

 

[PIXIEFARTS]

I went to the website that had their minutes for the city counsel hearing.
Bee's were taken off the list. It looks like no one was there to rebut the decision

 

[theFox]

Is CHAPTER 75 SECTION 715 part of your cities zoning ordinance.

If so, if your use of the property was conforming when you obtained your chicks, then it is very likey you can continue to raise them and any others you acquire.

Talk to a lawyer who deals with zoning laws.

Normally preexisting conforming use is grandfathered.

 

[wingman2008]

call the city dont give them them your info till you get what you need

your looking for code enforcement/ building official (building inspection department)

the term your looking for in the zoning law is call legal non conforming .... you just need to let them know that you have chickens already!

you will be able to keep what you have.. no more and no new

that is my opinion!

 

[PIXIEFARTS]

I am confused. I do not have any other chickens besides these babies. I am not sure if that will fly since I did not have an established flock before the change

They were in the incubator (day8) when the law was changed.


BUT I READ THAT IT TAKES EFFECT 20 DAY AFTER IT WAS ADOPTED January 26 2010

20 DAYS AFTER ADOPTION,WOULD BE MONDAY 15TH RIGHT?

 

[Sonoran Silkies]

Since they were in the incubator, developing, that may count as having had them; I would certainly argue that it does. Another thing to note is that the section title says: "715 Permission required to keep certain animals" This implies that it may be a permitted activity, meaning that there is some process to acquire permission. On the other hand, the title could be left from the old code.

Is this zoning or city code. That could make a difference in whether grandfathering would occur.