Who Makes Chickens Illegal?

[applelover]

When towns make it illegal for people to raise chickens, or when a town places restrictions on when and how a person can raise chickens, who initiated this law? In other words, does this generally happen as a part of some voting action on the part of the citizens of a town? Or is there some bureaucrat who promulgates these regulations? And if it is a bureaucrat, in what section of the town government does this person normally reside?

Thanks!!!

 

[3KillerBs]

It's tempting to say "Busybodies with delusions of grandeur and a love of power who want to micromanage others' lives."

However, there are several common scenarios:

First, people from the city move to a more rural environment and are *shocked* to discover that roosters crow, cow barns don't smell of roses, and farm machinery starts running as soon as it's light enough to see to run it. (These are the same people who move close to an airport and start complaining about the noise of the airplanes).

Second, some irresponsible livestock owner creates a nuisance -- letting animals run loose, poor sanitation, etc. -- and local authorities find it easier to ban all livestock than to respond to a lot of individual calls about specific conditions and put in the necessary man-hours to investigate properly (probably taking money and manpower from something else they deem more urgent). This is similar to how in a workplace the worst employees make the rules for everyone.

Third, neighbor-feuds degenerate into a constant stream of complaints that are possibly spurious but cost money and man-hours so local authorities apply grease to the squeakiest wheel and impose a ban to get the problem off their desk.

Fourth, in many circles there is a social stigma and social class stereotype that livestock animals lower the tone of a neighborhood and thus reduce property values.

 

[U_Stormcrow]

Ultimately, it falls under the heading "Zoning". Zoning regulations are advanced and voted on by whomever runs the city/county/etc. Often with input from the Planning Dept, The Building Dept, and/or the Zonign Dept, plus the municipality's lawyer. Most frequently, that means the "city fathers", or the "town council", or the "aldermen" or a number of similar terms.

Their authority to do so is an element of the State's Police power, and has been repeatedly upheld by courtsh throughout the land, including SCotUS.

and as with all legislation, it likely began in response to some freak event, a tragedy of some sort, or at the request of an important person in the community (even if their importance is solely as a large campaign donor)

 

[U_Stormcrow]

/addendum

Sometimes, the council makes "the law", but turns it over to another department to make the actual rules. We see this at the national level frequently, such as when Congress gives the EPA or the FDA broad "guidance" and directs that dept to write rules implimenting the Congressional policy. That sort of delegation is very rare at the local level, but it can happen. More frequently (and better, thinks I), the council talks with the department first, gets the rtules in order, then votes on a package of new laws to bring the new zoning into existence. Which is why changes of this nature often take years.

 

[alwaystj9]

On a smaller scale, livestock restrictions are often part of HOA agreements or sale/subdivision contracts at purchase based on the HOA, developer or seller's wishes.

 

[U_Stormcrow]

and I'll give an example of "Zoning" seeming to Legislate. In MI, or maybe is NY, they have a "Right to Farm" Act (actually, they both do, and I was looking into one of them regarding a specific farming practice, don't recall which one. Unimportant for the discussion).

The legislature of that State, in enacting the Right to Farm Law, determined that they wanted to protect commercial scale agricultural and livestock operations from nuisance suits being brought by "well-meaning idiots" (my term), but the State legislature didn't want to get into the weeds regarding acceptable practices for every sort of animal and every sort of condition.

So they drafted the law in a way that says that the commercial farming operation was completely immune from nuisance suits claiming that a widely adopted "common industry practice" was somehow inhumane, a nuisance, whatever. The statute literally says "common industry practice". That simple term allows a brief law to incorporate hundreds of different possibilities for differing industries, and differing livestock. Then the legislature specifically left it up to their Dept of Agriculture to impliment rules and regulations establishing those standards, consistent with industry practice, which were then adopted by incorporation with local Zoning.

and from time to time, that State's Courts ask for the input of the State's Ag Dept on whether "X" is a "common industry practice", and they publish guidance documents from time to time to benefit local zoning. "We have determined that stocking density of chickens raised for egg production must allow 1 sq ft per bird, and a vertical heigh of at least 18 inches" or "horn debudding of goats raised for either milk or meat production is an acceptable practice, consistent with good animal husbandry" etc etc etc.

Those decisions can be challenged, too - but not thru zoning. The exact mechanisms vary by agency and State.

 

[Brooks_]

If you want to quibble over semantics

Probably not with you.

 

[U_Stormcrow]

Thank you for your response. Very interesting.

This topic is getting into details a little bit here but it's important I think. There is a difference between un-elected bureaucrats making rules for us. And citizens voting on laws.

If the citizens of a town consciously got together, had a discussion, and a decent majority voted to ban and restrict chickens, that's one thing. But if a couple of bureaucrats huddled together in their closed offices fancy up this rule and force it on everyone, it seems to me that's another.

So couple follow up questions here. Are people who work in a zoning department elected and accountable to citizens, or are they appointed? And also, how often can zoning people make up ordinances and changing zoning rules on their own power, and how often do their changes need to be voted on by the town council?

Very interesting topic I look forward to learning more about this!!

So, Zoning (almost everywhere) is an Enforcement department, not a Legislative department. They are hired, not elected, and generally do not draft laws unless requested that they do so (which don't become laws until the are voted on by the town council or equivalent). They can sometimes issue clarifications or the like such as when they define "fowl" or "poultry" or set minimum cage conditions - but usually (almost always) that is part of lawmaking by the town council or other governing body as well.

The town council meets as often as the city/county charter requires, those members are elected, and those meetings are public. Legislation often requires multiple meetings to announce/publish, again announce and discuss, then finally vote - but the exact mechanism is up to the municipality's charter. Minutes are maintained of all (public) meetings. They can call non-public "special sessions", usually to consult with the attorney on legal matters or the like, but the purposes are limited, and no legislation is voted on there.

You didn't get a basic civics course in school?

 

[U_Stormcrow]

Probably not with you.

Thank you. That made my day.

 

[rosemarythyme]

Are people who work in a zoning department elected and accountable to citizens, or are they appointed? And also, how often can zoning people make up ordinances and changing zoning rules on their own power, and how often do their changes need to be voted on by the town council?

U_Stormcrow answered it better, but as my old college roommate works in city zoning... zoning departments are about enforcement and planning based on the current laws in the city/county/etc. They're regular employees, not elected officials.

After I got chickens I brought up the subject of poultry to former roomie and she sighed and said, "You don't know how many people call and ask if they can have them. It's illegal in (the city she works in), so we're always having to write people up who 'didn't know' they couldn't have chickens and didn't bother finding out beforehand."