Legalizing Backyard Chickens From A Sometime Chicken Outlaw As Well As Attorney

While it may no longer live necessary to grow 1 Legalizing Backyard Chickens from a Former Chicken Outlaw in addition to Attorney
Absent supermarkets inwards the slowly 19th century, the average American draw of piece of work solid unit of measurement raised chickens equally a thing of necessity- if you lot wanted fresh eggs, you lot raised chickens, if you lot wanted roast chicken for dinner, you lot raised chickens. While it may no longer live necessary to grow one’s ain food, countless families about the States desire to, but are forced to wage battles against zoning departments in addition to municipalities for the correct give-up the ghost on chickens. How did nosotros acquire to a identify where raising backyard chickens is illegal inwards many jurisdictions? Being an attorney, I have got a theory based inwards the history of zoning law, which volition live of import to empathize if you lot demand to care lawmakers for the correct to give-up the ghost on chickens inwards your town equally I have.
The concept of dry ground utilization zoning was largely non-existent inwards this States at the outset of the 20th century, but it rapidly became the norm. “Zoning’s master utilization was to protect homeowners inwards residential areas from devaluation past times industrial in addition to storey uses that had been made footloose past times trucks in addition to buses about 1910-1920.”¹  Most zoning codes are “permissive use” regulations—in other words, if the code does non specifically state that you lot are allowed to utilization your dry ground for a for sure purpose, you lot cannot utilization your dry ground for that purpose. Nobody wants a developer plunking a high-rise storey behind their backyard or a funeral habitation inwards the lot side past times side door. 
Most zoning codes incorporate no provisions sanctioning the raising of chickens equally a permitted residential dry ground utilization because zoning was intended to protect private holding values from beingness adversely affected past times undesirable commercial uses in addition to because our forebearers never could have got imagined a fourth dimension when permission would live needed to feed their families nutrient they grew or raised. Not exclusively was permission non required nether the law, the regime promoted it, encouraging families that did non already give-up the ghost on chickens during World War I to give-up the ghost on chickens equally a patriotic duty!
While it may no longer live necessary to grow 1 Legalizing Backyard Chickens from a Former Chicken Outlaw in addition to Attorney
Many municipalities have got added backyard chicken keeping equally a permitted utilization on residential properties to their zoning codes. As of 2011, 93% of States cities allowed raising of backyard chickens including, New York, Denver in addition to Los Angeles. In fact, a follower of mine on Facebook kept chickens on the veranda of his Manhattan’s Upper West Side storey inwards a custom-built coop that was included equally a selling characteristic inwards the existent estate listing of his 730 foursquare human foot storey equally a selling incentive at its cool $1.2 1 grand one thousand dollar asking price. Sadly, many municipalities nevertheless don’t acquire it, including mine until relatively recently.
While it may no longer live necessary to grow 1 Legalizing Backyard Chickens from a Former Chicken Outlaw in addition to Attorney

While it may no longer live necessary to grow 1 Legalizing Backyard Chickens from a Former Chicken Outlaw in addition to Attorney
I was a chicken outlaw inwards a farm town. 
My vecino kept 3 horses in addition to nearly a dozen chickens on a lot the same size equally mine, so when she encouraged me to give-up the ghost a chickeneer too, it never occurred to me that it mightiness non live legal to give-up the ghost on chickens inwards our neighborhood. The minute my sexed pullet, Petunia, crowed, a dissimilar vecino was on the telephone complaining to the zoning department. I learned that keeping chickens was illegal inwards our town through a Cease in addition to Desist missive of the alphabet sent past times the zoning enforcement officer. 
 Over a current of several years, I defended 2 Cease & Desist letters in addition to a trial brought past times the town seeking to forcefulness me to acquire rid of my chickens. As a bar-admitted attorney, the care didn’t ruffle my feathers, but the legal battle was a costly fourth dimension drain. I ultimately vanquish City Hall and, alongside the trial inwards the rearview mirror, I led the accuse to legalize chickens inwards my town, succeeding inwards spite of persistent political resistance. 
ARE CHICKENS LEGAL IN YOUR AREA?
Suffice it to say, it’s a goodness thought to determine whether chickens tin displace live kept legally on your holding earlier jumping into the hobby alongside both feet. The rules that principle chicken-keeping are dissimilar inwards every jurisdiction. If possible, consult a local attorney who practices municipal law inwards your town or read the zoning regulations in addition to municipal codes that apply to your specific property, including wellness codes, dissonance ordinances, in addition to roaming brute laws. Building officials, zoning enforecement officials in addition to dry ground records clerks volition ordinarily assistance residents determine their holding zone in addition to applicable regulations, but read the documents yourself to consider what it says- or doesn’t say nearly keeping chickens inwards your zone. If the zoning code doesn’t say anything nearly backyard chickens, do non assume you lot are allowed to give-up the ghost on chickens! H5N1 zoning code that says zilch nearly keeping backyard chickens inwards a residential zone is a prohibition on chicken keeping inwards that zone.  
If chickens are permitted on your property, additional issues to investigate include whatever bound on the number of chickens, rooster restrictions, whatever permit requirements, waste materials management regulations, in addition to coop location specifics such equally setbacks from neighboring holding lines, streets, or homes. In addition, most homeowner associations have got bylaws that principle animal-keeping—be for sure to read them. 
If you lot direct non to comply alongside regulations that prohibit keeping chickens, acknowledge the potential consequences of getting busted and, inwards fairness to the chickens, have got an acquire out strategy.
Standing room exclusively crowd at earth hearing. (see video below)
CHANGE THE LAW
If your jurisdiction does non permit chicken-keeping in addition to you’d similar to pursue a alter inwards the law,
await to pay a fee to accompany the paperwork required to petition the city/town council or the application to the zoning commission. The procedure is dissimilar inwards every jurisdiction, but a world hearing engagement is ordinarily laid afterward specific notice of the application is provided to the full general public.

Don’t count on making an appeal to lawmakers’ mutual sense— our social club has give-up the ghost so far removed from raising our ain nutrient that most have got no idea what raising a pocket-sized flock involves. Say the give-and-take “chickens” to most lawmakers- or most folks on the street, for that matter- in addition to visions of Frank Purdue’s meat aeroplane horror demonstrate comes to mind: the crowed poultry house, the stench, the pitiable living conditions. Understand that you lot volition demand to educate lawmakers in addition to your community nearly backyard chickens, how they are kept in addition to why the most mutual misconceptions are unwarranted. 
While it may no longer live necessary to grow 1 Legalizing Backyard Chickens from a Former Chicken Outlaw in addition to Attorney
Suffield, CT Zoning Commission
KNOW YOUR AUDIENCE
I constitute it useful to acquire the lawmakers’ backgrounds in addition to biases. I recommend attention a world hearing to bring out personalities in addition to coming together protocols, in addition to then preparing a strategy to debunk the usual misconceptions alongside persuasive evidence nearly housing, behaviors in addition to neighborhood impact. You volition desire to demonstrate how empty-headed it is to micromanage pet chickens past times gathering information to compare how dogs are regulated inwards your municipality. Email brute command officials, constabulary subdivision administrators in addition to zoning enforcement officials requesting annual electrical load statistics nearly barking in addition to roaming dogs in addition to whatever comparable chicken complaints. 

PRO TIP: Make written requests to local law enforcement in addition to zoning officials for statistics relative to annual chicken-related dissonance complaints compared to barking domestic dog dissonance complaints. An e-mail alongside the discipline line, “Freedom of Information Request” tin displace live expected to garner prompt compliance. 
While it may no longer live necessary to grow 1 Legalizing Backyard Chickens from a Former Chicken Outlaw in addition to Attorney
CBS Affiliate, WFSB Channel 3 News interview inwards my chicken yard.
Lawmakers are typically receptive to world pressure- encourage neighbors, local officials, tidings outlets, in addition to brute advocacy groups to attend hearings in addition to e-mail officials inwards back upwards of your application. Social media is an invaluable tool for communicating alongside in addition to acquiring supporters to attend hearings. Invite local in addition to state agriculture experts in addition to academy poultry extension service specialists to hearings to address lawmakers’ concerns. 

PRO TIP: Determine whether exceptional permission is required for a non-resident adept to prove at the hearing earlier inviting experts to talk inwards back upwards of your petition.
While it may no longer live necessary to grow 1 Legalizing Backyard Chickens from a Former Chicken Outlaw in addition to Attorney
THE PUBLIC HEARING
When you lot are lastly create to brand your declaration at earth hearing, acquaint facts in addition to statistics to deflate same, tired arguments the opposition ever makes in addition to submit copies of whatever supporting documents to each lawmaker during the coming together to ensure they give-up the ghost component division of the permanent record. Also, clothes appropriately- don’t wearable tee shirts, ballcaps, shorts, or overalls if you lot desire to live taken seriously. You volition desire to explicate to them how the history of zoning laws has played a role inwards the status of backyard chicken keeping
While it may no longer live necessary to grow 1 Legalizing Backyard Chickens from a Former Chicken Outlaw in addition to Attorney
Sadly, you lot volition have got to explicate to lawmakers why in addition to how millions of people give-up the ghost on backyard chickens responsibly. They volition probable have got difficulty wrapping their heads about the thought that chickens are kept equally pets, in addition to that they enrich the lives of their caretakers inwards the same agency equally dogs in addition to cats. Prepare for snickers in addition to forge ahead alongside the arguments supported past times indisputable evidence.

Video recording of my declaration earlier the Suffield, CT Zoning Commission.
WHY KEEP CHICKENS?
Fresh Eggs from Humanely Raised Hens
Home-raised hens living inwards spacious, construct clean weather condition hit eggs that are fresher, better-tasting, in addition to oft to a greater extent than nutritious than their commercially farmed counterparts. Raising chickens also promotes the humane handling of food-producing animals in addition to a local, sustainable nutrient system. 
Pets, Companions, in addition to Therapy Animals
Pet chickens are a hobby for most modern hateful solar daytime keepers; they supply companionship, entertainment, stress reduction, in addition to comic relief, features that laid today’s chickens apart from our forebears’ flocks. They are non livestock that are relegated to the Lord's Day soup pot when they are injured whatever to a greater extent than than nosotros would shout out back to consume our dogs or cats. They are appreciated for their distinct personalities in addition to their curious social interactions alongside each other. Pet chickens are routinely used equally therapy animals for individuals alongside a broad array of emotional, physical, in addition to other life challenges, equally good equally visitors to the elderly inwards wellness in addition to retirement facilities.
While it may no longer live necessary to grow 1 Legalizing Backyard Chickens from a Former Chicken Outlaw in addition to Attorney
Education
Backyard chickens are a living lesson to children that eggs do non magically seem inwards cartons in addition to a chicken does non originate from the supermarket freezer subdivision inwards nugget form. Chickens supply opportunities for children to empathize where nutrient comes from in addition to contribute to its production. Watering, feeding, in addition to egg-collecting are all chores children tin displace care spell experiencing valuable life lessons inwards responsibility, the circle of life, in addition to pity for animals.
While it may no longer live necessary to grow 1 Legalizing Backyard Chickens from a Former Chicken Outlaw in addition to Attorney
Organic Gardeners in addition to Exterminators
Chickens are dark-green pets. They consume a multifariousness of weeds in addition to disease-carrying insects, making backyards in addition to H2O supplies safer than those where toxic insecticides in addition to pesticides are routinely applied. Given the opportunity, they gladly till, turn, aerate, in addition to enrich gardens alongside homemade, nitrogen-rich fertilizer.
 While it may no longer live necessary to grow 1 Legalizing Backyard Chickens from a Former Chicken Outlaw in addition to Attorney
MYTHS AND FACTS ABOUT BACKYARD CHICKENS
When arguing your illustration to lawmakers, accept the current of air out of the opposition’s sails earlier they fifty-fifty acquire a direct a chance to talk past times dispelling the commonly held misconceptions. The opposition's arguments volition live driven past times emotion in addition to fearfulness of the unfamiliar, spell the facts volition talk for themselves.

Myth: Chickens are dingy in addition to smelly.
Fact: Chickens pass hours each hateful solar daytime dust bathing in addition to meticulously preening themselves to maintain goodness hygiene. Chickens do non smell—animal waste materials smells. All brute waste materials smells. When managed properly, no odors emanate from a chicken yard.
While it may no longer live necessary to grow 1 Legalizing Backyard Chickens from a Former Chicken Outlaw in addition to Attorney
Compared to dogs, chickens hit valuable waste materials that tin displace live used equally a valuable garden amendment.  Five hens hit to a greater extent than or less 5 ounces of valuable garden fertilizer daily compared to the average domestic dog that generates to a greater extent than or less twelve ounces of pathogenic, unusable feces a day.

Myth: Chickens wound holding values.
Facts: Chicken-keepers thought their coops, flocks in addition to yards equally a source of pride, landscaping in addition to tending to their cleanliness fastidiously. There has never been whatever evidence supporting the claim that backyard chickens wound holding values, inwards fact, the contrary has proven true. H5N1 Forbes listing of the Top 10 States housing markets appreciating inwards value showed all ten permit chicken-keeping!
While it may no longer live necessary to grow 1 Legalizing Backyard Chickens from a Former Chicken Outlaw in addition to Attorney
Myth: Chickens are noisy.
Facts: Hens are non ordinarily noisy in addition to roosters are no noisier inwards mass or frequency than barking dogs.
Barking domestic dog at 1 meter = 70–100dB
Lawnmower at 1 meter = 107 dB
Rooster at 1 meter = 48 dB
Intermittent daytime noises are a normal component division of living inwards whatever community in addition to regulations should non discriminate against whatever species or gender inside a species. Nobody is entitled to alive inwards a soundless neighborhood. Any concerns nearly chicken noises should live addressed inwards the same mode other dissonance complaints are addressed, including barking domestic dog noise.

Myth: Chickens require a lot of land.
Fact: Chickens require no acreage to live good kept. Residents of all major States cities- including, New York, Denver in addition to Los Angeles- give-up the ghost on chickens alongside no acreage at all. The number a draw of piece of work solid unit of measurement could responsibly heighten inwards a backyard is ordinarily much to a greater extent than than most families wishing to keep. 
While it may no longer live necessary to grow 1 Legalizing Backyard Chickens from a Former Chicken Outlaw in addition to Attorney
Myth: Chickens attract rodents in addition to predators.
Facts: Wild animals in addition to rodents reside inwards every neighborhood in addition to are attracted to nutrient sources such equally seed inwards wild aeroplane feeders in addition to garbage cans. Concerns related to attracting rodents in addition to predators should live addressed past times restricting wild aeroplane feeders, which entice rodents, bears in addition to wild birds into yards where they tin displace transmit diseases.
Skunks, raccoons, in addition to other wild fauna frequent backyards regardless of whether chickens also occupy those yards. Chicken keepers are exactly to a greater extent than aware of the threat predators pose to their pets than the average homeowner because nosotros pass a lot of coin implementing safeguards to foreclose losses to them.

Myth: Chickens are kept exclusively for egg production, thence limits on flock size should live calculated past times the number of eggs a draw of piece of work solid unit of measurement needs.
Facts: Chickens are kept for many reasons: for eggs, equally pets, therapy animals, hobby demonstrate birds, 4-H projection animals, for egg color variations in addition to to save heritage breeds inwards danger of extinction. 
Most hens do non lay an egg every day. All hens are affected past times seasonal lighting changes, stress, in addition to age, peaking inwards productivity inwards their foremost 2 years of egg-laying. Chicks hatched this outflow may hit no eggs during autumn in addition to wintertime of their 3rd year. 
H5N1 chicken-counting provision volition exclusively create enforcement problems in addition to frustrate 1 of the primary purposes of keeping chickens, which is egg production. There is no rational justification for placing arbitrary limits on caput counts- it’s expensive to give-up the ghost on pet chickens in addition to hen hoarding is non endemic to the backyard chicken keeping community. The irony inwards most jurisdictions is that regulations ultimately have got petty effect on the number of backyard flocks kept- untold numbers of chickens wing nether the municipal authorization radar, living lives of luxury inwards backyards completely unnoticed.
While it may no longer live necessary to grow 1 Legalizing Backyard Chickens from a Former Chicken Outlaw in addition to Attorney
ENCOURAGE SENSIBLE REGULATION 
Lamentably, lawmakers effort to include random controls over aspects of backyard chicken keeping that have got never been a work inwards the jurisdiction (such equally nutrient storage or waste materials management) exactly because they do non empathize what keeping a pocket-sized flock of chickens entails. Overbearing regulations effort confusion, create administrative burdens in addition to the demand for enforcement past times municipal officials unfamiliar alongside pocket-sized flock management norms. 
Enforcement of whatever chicken keeping regulation is an of import consideration, but potential problems contemplated inwards this context unremarkably already autumn nether the jurisdictions of brute command officials, constabulary in addition to wellness departments. Nuisance in addition to wellness codes ordinarily address smell, noise, in addition to other sanitation concerns. There is no demand to enact a complicated, overly restrictive regulation based on unfounded fears of the unknown. There volition ever live abuses of whatever standard, but a few theoretical bad actors should non give rising to regulations that micro-manage pets. 
MY CHICKEN OUTLAW STORY, The Reader's Digest Version
2008 My vecino kept 3 horses in addition to nearly a dozen chickens on a lot the same size equally mine, so when she encouraged me to bring together the ranks of chickenistas, it never occurred to me that it mightiness non live legal to give-up the ghost on chickens inwards our neighborhood. 

2009 When my sexed pullet, Petunia, foremost crowed, a dissimilar vecino straight off got on the telephone to the zoning subdivision officials to complain. I foremost learned that keeping chickens was illegal inwards our town through the Cease in addition to Desist missive of the alphabet sent to us past times the zoning enforcement officer. The resolution of that electrical load was a signed understanding alongside the vecino (and filed inwards the zoning office) stating that they had no objection to our hens or roosters provided the roosters were kept inwards the coop until 7:30 am. The Zoning Enforcement Officer withdrew the 2009 Cease in addition to Desist monastic enjoin equally a outcome of the agreement. For years nosotros went beyond that agreement, keeping the rooster inwards the basement or garage until nine am. The neighbors visited our coop in addition to chicken yard, in addition to enjoyed gifts of our eggs. There had never been whatever other problems, issues or bad blood betwixt us in addition to the neighbors.

10/16/12 The town issued permits for all 3 of our coops, which were approved by the Zoning Enforcement Officer, Health Department, Building Department in addition to Wetlands Department (after 2 split inspections prompted past times the neighbor's imitation complaints of odors, rodents in addition to flies). 

6/18/13 At some point, the vecino decided the understanding no longer suited them in addition to complained to the town over again and the town issued a 2nd Cease & Desist missive of the alphabet to take our flock from our yard. (don't fifty-fifty acquire me started on this one!) It bears noting that the only other complaints received past times the Zoning Enforcement Officer came past times telephone in addition to e-mail from blogger Lisa Steele of Fresh Eggs Daily who testified nether oath inwards a defamation trial deposition (that tin displace live read here) that she called my town's zoning official. 

1/27/14 When we refused to take our chickens from our yard, the town sued us inwards Connecticut civil court.
While it may no longer live necessary to grow 1 Legalizing Backyard Chickens from a Former Chicken Outlaw in addition to Attorney
September, 2014: I argued an application to amend the denied my petition to legalize chickens inwards 2014,  the town moved forwards alongside its lawsuit. The story broke inwards the newspaper and television stations. One local tidings station was so anxious to scoop the story that they knocked on my door unannounced.
THE END OF THE LAWSUIT
On November 12, 2014, nosotros purchased 3 acres of completely useless wetlands (with the funds raised from selling pinkish flamingos) from a really reluctant holding possessor who had non been the to the lowest degree flake interested inwards selling the land. The additional 3 acres of swampland qualified our holding to live classified equally a "farm" nether the zoning code. We tin displace at nowadays have got a herd of cattle, a pig ranch, a Equus caballus farm, fifty-fifty a rooster sanctuary- all on the same exact 2.17 acres of dry ground nosotros started with. The insanity of this municipal charade is that nosotros nevertheless exclusively utilization to a greater extent than or less 1/4 acre of our master 2.17 acres of holding for keeping chickens. Nothing has changed nearly the character, size or fitness of our holding for keeping chickens equally a outcome of the dry ground purchase.
While it may no longer live necessary to grow 1 Legalizing Backyard Chickens from a Former Chicken Outlaw in addition to Attorney
In February, 2015, the town of Suffield Withdrew their trial against us in addition to issued the next court-ordered apology letter.
While it may no longer live necessary to grow 1 Legalizing Backyard Chickens from a Former Chicken Outlaw in addition to Attorney
While it may no longer live necessary to grow 1 Legalizing Backyard Chickens from a Former Chicken Outlaw in addition to Attorney
Additional reading in addition to citations available upon request.
1 An Economic History of Zoning in addition to a Cure for Its Exclusionary Effects, Issue 2, Part 3 of Working paper serial (Dartmouth College. Department of Economics) William A. Fischel, 2001
While it may no longer live necessary to grow 1 Legalizing Backyard Chickens from a Former Chicken Outlaw in addition to Attorney
While it may no longer live necessary to grow 1 Legalizing Backyard Chickens from a Former Chicken Outlaw in addition to Attorney

Post a Comment (0)
Previous Post Next Post