Docstoc

Hen Warrants Supporting Documentation

Document Sample
Hen Warrants Supporting Documentation Powered By Docstoc
					Hen Warrants Supporting
Documentation
Date: 3/26/09
Author: Pam Callaway, with input from town residents




Table of Contents
Introduction ............................................................................................................................................................................ 2
Hen Warrant Bylaws Proposal DRAFT ..................................................................................................................................... 3
Petition with Comments from Arlington Residents ................................................................................................................ 7
Informal Survey Results ........................................................................................................................................................ 12
Frequently Asked Questions ................................................................................................................................................. 15
Other Town’s Bylaws – Summary ......................................................................................................................................... 18
Experiences of Nearby Towns & Cities ................................................................................................................................. 20
   Belmont, MA ..................................................................................................................................................................... 20
   Newton, MA ...................................................................................................................................................................... 20
   Brookline, MA ................................................................................................................................................................... 20
   Lexington, MA ................................................................................................................................................................... 20
   Letter from Belmont Animal Control Officer .................................................................................................................... 21
Letters from current hen owners in surrounding towns ...................................................................................................... 22
Letters from South Portland, ME Town Officials .................................................................................................................. 24
Veterinarian Letters .............................................................................................................................................................. 25
Extension Office Letters ........................................................................................................................................................ 26
Experiences of Other Cities ................................................................................................................................................... 27
   Madison, WI: Population: 208,000 ................................................................................................................................... 27
   Round Rock, TX: Population 61,000 .................................................................................................................................. 28
   Corvallis, OR: Population: 49,000 ...................................................................................................................................... 29
   Missoula, MT: Population: 57053 ..................................................................................................................................... 29
Sample Animal Control Regulations...................................................................................................................................... 30
   Newton Animal Control Ordinance ................................................................................................................................... 30
   Belmont Chicken Harborage Inspection Form .................................................................................................................. 35
   South Portland, ME Animal Control Ordinance ................................................................................................................ 38

Hen Warrant Supporting Documents                                                                                                                                                Page 1
Introduction
In the last few years, as the eat local/sustainable living lifestyle has gained popularity, cities and towns all over America
have been relaxing their chicken laws to allow 4-6 carefully tended, pet backyard hens for eggs. We're talking about hens
only, no roosters (no noise!) kept in a pretty, carefully-maintained enclosed coop; raised by hand as pets and for eggs.
Chicken droppings make amazing compost for the garden and the hens recycle kitchen scraps! Heritage breed chickens
are calm, docile, and when hand-raised they become affectionate pets that come when they are called. Kept as
suburban pets, and cleaned regularly, backyard chickens don't smell. In all, they make less noise and smell than many
dogs.

It’s fun, educational, healthy, and environmentally sound!

But there is a serious reason for increased local food
production as well. At the recent Climate Change
Congress on March 10th, some bad news was revealed –
climate change is happening far faster than anyone
expected. The now-expected temperature rise “would
render the planet unrecognizable from anything humans
have ever experienced.”1 Nobel prizewinning atmospheric
chemist Paul Crutzen of the Max Planck Institute for
Chemistry in Mainz, Germany, says, "In order to be safe,
we would have to reduce our carbon emissions by 70 per
cent by 2015. We are currently putting in 3 per cent more
each year."2 It’s clear that, despite all of our recent efforts
to prevent this future, we have to do more.

Backyard hen-keeping is something small and inexpensive,
that responsible citizens can do to cut carbon emissions. It
would reduce the carbon cost of a delicious protein source
to near zero.

For even more information than what’s in this document,
please visit the website: http://backyardchicks.com

                                                                  Graphic from http://www.motherearthnews.com/Real-Food/2007-10-01/Tests-
                                                                                          Reveal-Healthier-Eggs.aspx




1
    http://www.newscientist.com/article/mg20126971.700-how-to-survive-the-coming-century.html
Hen Warrant Supporting Documents                                                                                                      Page 2
Hen Warrant Bylaws Proposal DRAFT
Date: 3/26/09
Version: 5
Author: Pam Callaway, with input from town residents

Introduction
This is a draft of the proposal for the Hen Warrant. The bylaws are intended to specify the obligations of hen owners,
rather than how they are to meet such obligations, as there are many ways of accomplishing a particular goal. It is my
intention to also publish a set of guidelines that provide specific information on *how* to raise hens in accordance with
these bylaws. The regulatory agency is set to be the Board of Health for two reasons: 1) it is customary among most
towns and cities that allow hens, and 2) Massachusetts has specific legislation that empowers the board of health to
regulate animals for nuisance prevention or health concerns. These regulations are drawn from the best regulations of
Newton, Belmont, Brookline, and South Portland, ME.

Proposed Zoning Bylaw
The ARB and the Zoning committee have specified that this article should be an accessory use, not a primary use.
Therefore the following modifications are proposed:

   To see if the Town will vote to amend the Zoning Bylaw in Article 5, Section 5.04, Table of Use Regulations, by
   adding a new use numbered 8.23 immediately after use 8.22 as follows, “8.23 Keeping of no more than six hen
   chickens (as opposed to roosters) for egg-laying, pet, or similar purposes.” and by adding the words “Yes” in the
   columns headed R0, R1, and R2 immediately thereafter; or take any action related thereto.

Proposed Public Health and Safety Bylaw
    SECTION 1.           Purpose
            a. The purpose of this bylaw is to regulate the keeping of hens for the purposes of pets, home egg
                 production, gardening, or similar purposes. This bylaw details the obligations of the hen keeper so as to
                 prevent a nuisance to surrounding lots or any public health concerns, as well as the permit issuing
                 process.
    SECTION 2.           Definitions
            a. Hen – a female chicken. “Chicken” may also be used to refer to hens.
            b. Henhouse or coop – a structure designed to house chickens.
            c.   Pen or run – a completely enclosed outdoor area designed to allow chickens access to the outdoors
                 while providing protection from predators.
            d. Predator – any creature that would seek to harm or consume chickens.
            e. Pests – any unwanted animal that would seek access to chicken feed, such as mice or rats.
    SECTION 3.           Nuisance Control
            a. Noise.
                      i. No roosters (male chickens) are permitted.
                     ii. The number of hens shall be limited to 6.
                     iii. Perceptible noise from chickens at the property boundary must conform to all existing noise
                         bylaws.
            b. Odor.
                      i. Odors from chickens, chicken manure, or other chicken-related substances shall not be
                         perceptible at the property boundaries.


Hen Warrant Supporting Documents                                                                                       Page 3
                   ii. If possible, waste must be composted with carbonaceous material such as hay, bedding, or
                        leaves. If the weather is too cold, or composting is otherwise not possible, waste must be stored
                        in a sealed container until disposal.
                   iii. Weekly cleaning of henhouses is required, more frequent cleanings may be required as needed
                        to prevent odor.
                  iv. The henhouse and attached pen must conform to all relevant property setbacks for accessory
                        structures as specified in section 6.18 of the zoning bylaws. In addition, the henhouse and pen
                        must be at least 10 feet from property boundaries.
          c. Other
                    i. All chickens shall be confined to the permit holder’s property at all times to prevent wandering
                        and straying onto other properties.


   SECTION 4.           Predator and Pest Control.
          a. Chicken feed must be stored securely in a rodent-proof container.
          b. Chicken feed leftover from feeding may not remain past dusk in an area accessible to rodents or other
               pests.
          c.   Henhouse construction
                    i. Henhouse and attached pen must be constructed securely so as to exclude predators.
                   ii. The pen must be completely enclosed, including aviary netting or other predator-proof material
                        across the top of the pen.
                   iii. Henhouse and food sources must be constructed and stored so as to exclude pests.
          d. Necessary measures must be taken to prevent a buildup of pest or rodent populations due to the
               presence of hens on the property.


   SECTION 5.           Health & Disease Concerns
          a. Hens must be enclosed and segregated from wild migratory fowl. They may only be allowed out of the
               enclosure into a securely fenced area when supervised.
          b. All henhouses shall be located not less than 200 feet from the high water mark of any known source of
               drinking water supply or any tributary thereof, and not less than 50 feet from any well.
          c.   The Board of Health or its agent may order the removal of the chickens upon a determination that the
               chickens pose a health risk.
          d. Chickens may not be slaughtered on residential property within the border of the Town of Arlington.
          e. If a chicken dies, it must be disposed of promptly in a sanitary manner.


   SECTION 6.           Humane Treatment
          a. Chickens must be treated in a humane manner at all times, including access to fresh food, water and
               protection from the elements as needed.
          b. Chickens shall not be subject to debeaking or forced moulting.
          c.   The henhouse must have a minimum interior floor surface of at least 2 square feet per bird.


Hen Warrant Supporting Documents                                                                                    Page 4
          d. A pen area is required and must have a minimum ground surface of at least 5 square feet per bird.


   SECTION 7.           Regulation and Permit Process
          a. No person shall keep hens within the limits of the Town of Arlington, in any building, or on any premises
              of which he is the owner, lessee, tenant or occupant, without first obtaining an annual permit from the
              Board of Health.
          b. In order to receive a permit the following must be completed:
                   i. A completed application form provided by the Board of Health;
                  ii.   A submitted plan drawn to scale which includes the following information: Size of entire lot with
                        existing structures as well as the henhouse and pen, including fences; distance of henhouse and
                        pen from all abutters;
                  iii. A submitted written maintenance plan describing cleaning schedule, pest and predator control
                        measures, and nuisance prevention measures.
                 iv. Verification that all abutters have been notified, not more than thirty (30) but no less than fourteen
                        (14) days in advance of the hearing before the Board or its Agent, of the applicant’s intent. Such
                        verification shall be in the form of a signed letter or receipt from the U.S. Post Office that a
                        certified letter has been received by each abutter.
                  v. If the property where the hens are to be located is owned by multiple owners, written statements
                        signed by all property owners granting permission.
          c. Action by Health Department on Initial Permit
                   i.   Upon receipt of a completed application as defined above, the Board or its Agent shall inspect
                        the property;
                  ii. The Board or its Agent shall provide a hearing for the applicant to speak regarding their
                        application, and for abutters to express any concerns, questions, support or opposition to the
                        application. The Board or its Agent may require the applicant to furnish additional information
                        needed to make a determination whether to grant the permit.
                  iii. The Board or its Agent(s) shall act on the completed application. Notice of the Board’s or its
                        Agent(s)’ decision shall be mailed to the applicant within seven (7) working days of the decision
                        and will include any conditions imposed by the Board or its Agent(s);
                 iv. If the permit is issued, it shall be issued to the owner of the property or the tenant of the property
                        with the written permission of the property owners. If permission from any property owners is
                        rescinded, the permit shall be valid until the end of its annual renewal period; and
                  v. The issuance of such a permit does not in any way relieve the permitee of the necessity to
                        comply with other laws and regulations concerning zoning and construction. A henhouse and
                        attached pen is considered an accessory structure similar to a greenhouse for zoning purposes.
          d. An initial inspection fee or an annual renewal fee for a permit shall be set by the Town Manager in
              consultation with the Board of Health. The appropriate fee shall be paid at the time the application is
              submitted for review. The fee shall not exceed the expected cost of processing the application (in
              accordance with M.G.L.).


Hen Warrant Supporting Documents                                                                                           Page 5
          e. Fines may be charged for re-inspection or violations of this article, to cover the cost of any personnel time
               or expenses (in accordance with M.G.L). The amount of any fines may be set by the Board of Health; the
               amount of such fines shall be made publically known in a manner that is customary and consistent with
               other Board of Health processes.
          f.   Non-criminal Disposition
               The procedures for fines or violations shall be enforced as specified in the provisions of Section 21D of
               Chapter 40 of the Massachusetts General Laws, which provides for a non-criminal disposition.
          g. Any violation of the provisions of this article or of the permit shall be grounds for an order from the Code
               Enforcement Officer to revoke the permit, and remove the chickens and the chicken-related structures.
   SECTION 8.          Severability
          a. The provisions of this section are severable; and if any of the provisions of this section shall be held
               unconstitutional or otherwise invalid by any court of competent jurisdiction, the decision of such court
               shall not affect or impair any of the remaining provisions.




Hen Warrant Supporting Documents                                                                                     Page 6
Petition with Comments from Arlington Residents
Current as of 3/26/09

“We, citizens of Arlington, MA, support amending the existing zoning ordinance to allow up to 6 hens (no roosters) for
egg-laying, pet, or other purposes.”

#        NAME             ARLINGTO     ARLINGTON          COMMENTS
                          N            STREET
                          PRECINCT     ADDRESS
    1    Pamela                    5   Bowdoin St.        I really think this is the best think for our health and the environment!
         Callaway                                         Plus, fresh eggs taste better!
    2    netta davis             10    45 spring street
    3    Tom Callaway                  19 Bowdoin St      Hooray for chickens!
    4    Jan Stetson             14    62 Walnut          I think this is an excellent step toward food sustainability.
                                       Street
    5    Theodore                14    10 Oakland Ave
         Packard
    6    Lori Kenschaft          11    68 Crosby
                                       Street
    7    Marion L.                4    111 Fairmont St
         Carroll
    8    Karin Turer             19    525 Summer
                                       Street
    9    Jennifer                      6 Brookdale Rd
         Norton
    10   adrain                        99 thesda
         berridge                      street
    11   Patricia Gross           6    438
                                       Massachusetts
                                       Ave., Apt. 328
    12   Uri Guttman              7    79 Everett St.
    13   Ted Sharpe               7    51 Palmer St.
    14   Jennifer                21    89 Sunset Road
         Goebel
    15   Jay Brewer                    165 Oakland        We are big supporters of being able to have hens to provide fresh eggs for
                                       Avenue             our home. We also would use the droppings from the chickens for
                                                          compost. This is an amazing idea in these tough times.
    16   Mary N Young            10    142 Newport
                                       St.
    17   Kevin Koch              16    100 Florence
                                       Avenue
    18   Lisa Berezin            19
    19   Nick Pavey                    525 Summer
                                       Street
    20   Elizabeth               21    198 Lowell St      Support allowing hens with appropriate regulation to control noise, smell,
         Schwartz                                         distance from neighboring property
    21   Karen Steiner            5    39 Amherst St.
    22   Kathleen                12    266 Gray St
         Leavey, DVM
    23   Ward                    12    266 Gray St
         Wrzenski


Hen Warrant Supporting Documents                                                                                                Page 7
 24   Donia Goss                2 Smith Street
 25   Rosamond L.           3   46 Marathon St
      Merrill
 26   Johanna                   82 Bow St
      Meyer
 27   MaryAnna              8   101 Brantwood
      Foskett                   Road
 28   Lauren Worsh          9   138 Warren St.
 29   Mary Jane                 99 Thesda
      Keeler                    Street
 30   Junko Kato                15 Wachusett      I personally cannot own chickens due to the opposition from my husband
                                Avenue            and dog, but I would if I could, and think it would be great if others were
                                                  able. I know several people who own chickens and it seemed to work out
                                                  well for their neighborhood.
 31   Maria Aliberti   ?        133 Lowell
      Lubertazzi                Street
 32   jessica                   10 brattle        thanks for all of your hard work to organize this!
      goldhirsch                terrace
 33   Steve                10   106 Newport
      Cimaszewski               Street
 34   Erik Moore           15   26 Woodside
                                Lane
 35   Barbara                   174 Brooks Ave.   Fully in support of well-kept hens with some requirements for safety
      Popolow                                     (hens) and sanitation.
 36   David S.             10
      Meyers
 37   Michael J.           10   10 Lockeland
      Smith                     Ave.
 38   Flynn Monks          19   14 Wright St      Essentially pro egg.
 39   Emma Dassori              32 Edmund Rd.
 40   Mona Zeftel          12   11 Murray
                                Street
 41   Linda Guttman         7   79 Everett
                                Street
 42   Elisabeth            14
      Rosenthal
 43   Michael Kaye              32 Edmund Rd.
 44   charles lovett       19   177 sylvia st
 45   Lucia                 8   4 Stoney Brook    Thank you.LBC
                                Road
 46   JANE CAUSEY               252 gray street   Hello,I am from NORTH CAROLINA,too.Still have my farm there .where I
                                                  raised chickens.More pertinent,I had a flock of chickens in
                                                  Winchester,numbering 25 at the most. Very upscale home.The neighbors
                                                  loved me and our chickens.The bounty of fresh eggs was welcome. I am
                                                  knowledgeable in all aspects of chickens.The idea of chickens is more
                                                  disruptive than the actuality of them .Each Spring I ponder where the hen
                                                  house ought be in relation to the other neighbors....I applaud your
                                                  spirit,and hereby offer my energies, and am sorry to have missed the first
                                                  meeting.PS I also had bee hives in Winchester!AND knew of someone who
                                                  had a PIG in their basement (not us)..BEST,JANE 781 777 2868
 47   Laurel Kayne         21   79
                                Westmoreland
                                Ave.

Hen Warrant Supporting Documents                                                                                      Page 8
 48   Maxim                      21   79
      Antinori                        Westmoreland
                                      Ave.
 49   Martin Flohr
 50   Dan Hurowitz               16   123 Claremont
                                      Ave.
 51   Ellen Reed                      20 Woodland        Our home in Santa Fe, NM is zoned for hens and many of our neighbors
                                      Street             have them. They do not disturb us in any way and help the otherwise very
                                                         poor soil in the hood. If we did not have Jack Russell Terriers, you can
                                                         believe we would have hens too.
 52   Sally Moulton              12   164 Scituate St.
 53   Bruno Vasil                 5
 54   Karen Schultz              21   81 Newland Rd.
 55   Kimberly                        44 Pine Ridge
      Kapner                          Rd
 56   Jennifer Nolen
 57   Sarah Forney                    545 Summer St      While my yard is too small to raise chickens, I fully support the allowance
                                                         of hens by my neighbors!
 58   Bonnie                          46 Grafton
      Cockman                         Street
 59   Susan Doctrow              21   99 Westminster
                                      Avenue
 60   Laura Whitney              20   114 Paul Revere
                                      Road
 61   Leanne                      8
      Soylemez
 62   Robert Brazile             12   56 Coolidge
                                      Road
 63   Charlie                         46
                                      Westmoreland
                                      Ave.
 64   Nora Shine       11 (I think)   10 Lennon Rd       Please allow chickens in Arlington. With a few simple limits, this could be
                                                         great for residents!
 65   Crispin Olson               1   95 North Union
 66   Susan                       9   9 Alton Street     I support the Warrant article as proposed and urge Town Meeting to take
      Ruderman                                           action.
 67   Andrew                          44 Pine Ridge
      Conway                          Road, Arlington
                                      MA 02476
 68   Juli Brazile               12   56 Coolidge Rd
 69   Ann Smith                  17   38 Washington
                                      St
 70   Parke Wilde                 5   24 Amherst St.
 71   Anne                       10   160 Jason
      Quaadgras                       Street
 72   Mary Rojo                   3   76 Henderson
                                      St
 73   Mary Gilbert               21   55 Bow Street,
                                      02474
 74   Julia Malik                     76 Marathon
                                      St.
 75   Linda                       5   33 Warren          I believe this is the way of the future... local, small-scale, sustainable. We

Hen Warrant Supporting Documents                                                                                                Page 9
      Shoemaker               Street            can feed ourselves, our families, and our neighbors. I have friends in
                                                Belmont with chickens. They have no problems with noise, smell, pests or
                                                predators.
 76   Gail Davis          4   23B Milton
                              Street
 77   Jessica Lane        1   75 Fremont St     6 hens sounds fair to me
 78   David Rostocil      4   23B Milton
                              Street
 79   Anthony                 715 Concord
      Coconides               Turnpike
 80   David Stoff         4   88 Fairmont
                              Street
 81   Margaret           18   369 Park Ave.
      Moore de
      Chicojay
 82   Suzanne Lijek      21   96
                              Westmoreland
                              Ave
 83   Paula Felsher       3   49 Grafton St.
                              #1
 84 Kathleen              9   104 Medford St    Also helps with energy by eating "local"
    Carusone                  #2
 85 Laura                11   8 College Ave     I think Arlington should allow chickens just as Belmont does -
    Fairbanks                                   people can have other birds as pets, why not chickens?
 86 Robert                    73 Fremont St
    Riopelle
 87   Barton Bruce            31 Bartlett Ave
 89   Margaret                9 Lancaster
      Stanley                 Road
 90   Jeremy Katz        21   Forest St
 91   Kirsi Allison-     15   12 Brattle
      Ampe                    Terrace
 92   Paula Jordan            40 Windsor St     Please vote in favor of this warrant change. Having backyard chickens is an
                              #1                important factor in food sustainability and food security. Everyone should
                                                be able to grow and have fresh food, ie. eggs.
 93   Emily Bottis            52 Highland
                              Avenue
 94   John               14   48 Menotomy       This will be a wonderful way for Arlington to participate in developing
      Canaday                 Road              sustainable environmental practices, as well as for helping to reconnect
                                                our children to the natural world.
 95 Risa                    36 Tanager
    Edelstein               Street
 96 Elizabeth               48 Menotomy
    Canaday                 Road
 97                         126 Paul
      John Porter           Revere Road
 98                         126 Paul
    Sarah Porter            Revere Rd
 99 Mark                    122 Lake
    Halliday                Street
100 Patsy                13 85 Columbia         totally supportive of this warrant article.

Hen Warrant Supporting Documents                                                                                  Page 10
      Kraemer                 Rd.
101   William                 34 Marathon
      Hallahan              3 Street            I support having hens in Arlington, MA.
102   Lauren                  13 Marathon
      Hefferon                St
103   Sonia Lackey            7 Cross St.
104   David
      Munson               21 35 Alpine St.
105                           174 Brooks
    Ned Hall                  Ave.
106 Nellie                    137 Herbert       In a small, contained group chickens do not create a mess, a smell,
    Aikenhead               6 Road              or more noise than the occasional "peep". Fully in favor!
107 Margaret
    Moody            4th       78 Varnum St.
108                            30 freeman
    stuart pitchel             street
109 Julia
    Goodman                 4 30 Freeman St
110 Catriona
    Campbell                   12 Orvis Rd.
111                                            In these tough financial times, keeping chickens for eggs will save
      Anakin                   124 Everett St. money. As long as there are no loud, disruptive rosters, I think
      Michele                  #4              Arlington should be chicken-friendly.
112                            101 Egerton
    Liz Grabiner               Rd
113 Deborah
    Kaplan                  3 107 Grafton St
114                           20 Belton
      Stephanie T             Street
115                           16 Belknap
    Ruth Hatfield           6 Street
116 Anna-Laura
    Silva                   3 75 Winter St.




Hen Warrant Supporting Documents                                                                            Page 11
Informal Survey Results
      The survey invitation was sent out in a public email to the Arlington mailing list, the Menotomy gardeners list, and was published in the
       Arlington Advocate.
      The survey was hosted by surveymonkey.com, and was limited to one response per computer (by IP address). Data was gathered
       anonymously, although people were asked if they were voters in Arlington, and what precinct they lived in. The benefits/concerns page
       was randomized when presented to survey-takers.
      The results displayed are limited to people who responded they were residents of Arlington, as of 3/1/09.

Do you support allowing up to 6 hens on residential property in the Arlington
town limits?
                                                                     Response             Response
Answer Options                                                       Frequency             Count
Yes, absolutely.                                                        28.7%                  68
Yes, provided there are regulations that
                                                                       31.6%                  75
prevent them from being a nuisance.
Yes, but only if a permit is required in addition to
                                                                        16.0%                  38
regulations.
No way.                                                                 23.2%                  55
I really don't care.                                                    0.4%                    1
Clarification or additional comments:                                                          68
                                                          answered question                         237
                                                            skipped question                          0


If hens were permitted by town bylaws, would you have them yourself?

                                                                     Response             Response
Answer Options                                                       Frequency             Count
Yes, definitely.                                                        7.6%                   18
I would strongly consider it.                                           24.2%                  57
Maybe I would think about it, if it wasn't too much
                                                                        17.8%                  42
trouble.
Only if the economy got really bad.                                     3.4%                   8
No, probably never.                                                    47.0%                  111
                                                          answered question                         236
                                                            skipped question                          1




Hen Warrant Supporting Documents                                                                                                       Page 12
      These questions were presented to people in a random order, rather than the order shown below.

What concerns or potential benefits do you foresee about keeping hens in Arlington?


                                                                         Response
                                                                                         Response Count
Answer Options                                                           Frequency
Hen manure as fertilizer means no chemical fertilizer in lawn and
                                                                           34.6%                63
garden
Hens eat ticks, mosquitoes, and other pests.                               47.3%                86
Having hens as pets would be fun.                                          37.4%                68
Composted hen manure would be great for local gardens.                     53.8%                98
Fresh, local eggs are better for you and have more nutrients.              64.3%               117
Backyard food is better for the environment and sustainability.            53.3%                97
Food security and local food production are important in case of
                                                                           46.2%                84
economic downturn.
Hens as pets are great educational tools.                                  43.4%                79
Fresher (local) eggs taste better.                                         62.1%                113
Backyard hens would be better cared for and healthier than
                                                                           56.6%                103
industrial cage-reared chickens.
Arlington residential lots are too small.                                  33.5%                61
They might smell.                                                          46.7%                85
They could be loud.                                                        36.8%                67
They might be an eyesore.                                                  17.0%                31
I am concerned about bird flu or other diseases.                           25.8%                47
They might get out and run all over the place.                             25.8%                47
I'm concerned they will get eaten by dogs or other predators.              33.5%                61
I'm concerned they will be mistreated.                                     22.5%                41
I am worried about rats or pest problems.                                  26.9%                49
Arlington is too dense for chickens.                                       26.4%                48
I don't want to live near a farm.                                          13.7%                25
I'm worried about what my neighbors will think.                            11.0%                20
Other (please specify)                                                     17.0%                31
                                                                    answered question                   182
                                                                      skipped question                   55




Hen Warrant Supporting Documents                                                                              Page 13
If you think hens should be allowed, please tell us more about how you think they should be regulated (if
at all).
                                             Strongly   Somewhat   Somewhat    Strongly   Don't      Response
Answer Options                                Agree       Agree     Disagree   Disagree   Care        Count
The only restriction should be the
                                               22          36         56          58        16         188
number of chickens.
Hens should be kept in a completely
                                               63          51         32          25        18         189
enclosed coop or chicken run.
A special permit should be required.           57          51         31          29        20         188
Noise limits should be enforced for
                                               67          83         24          10        8          192
chickens (as well as other pets)
Hens only, no roosters.                        104         44         18          5         22         193
Fines should be permitted if the hen
                                               95          68          8          7         9          187
regulations are violated.
Regulations should include regular,
                                               82          53         27          12        15         189
weekly cleaning of chicken coops.
The fewer regulations the better.              24          49         53          50        10         186
Regulations should include vaccination
                                               68          70         23          9         19         189
recommendations.
The Board of Health should be
empowered to specify regulations, rather       56          79         17          9         23         184
than having them directly in the bylaws.
Regulations should be included in the
                                               72          77         19          9         15         192
bylaws to protect the neighbors.
The chicken coops should be required to
“look good” - ie be made of one or two
                                               45          47         39          35        25         191
materials and painted to blend in with the
neighborhood.
All abutting neighbors must agree in
writing before people can have hens on         29          31         49          79        5          193
their property.
There should be property boundary set
backs to protect neighbors from potential      75          63         28          18        7          191
smells or nuisance.
Chickens should not be allowed to run at
                                               93          45         30          11        10         189
large.
Regulations should restrict the use to
                                               47          33         44          40        23         187
“not for slaughter”.
Volunteers should be allowed to help with
inspections and any permit process, to         48          68         12          13        17         158
reduce the town burden.
                                                                                answered question        197
                                                                                  skipped question        40




Hen Warrant Supporting Documents                                                                      Page 14
Frequently Asked Questions
Q: Don't you need a rooster for eggs?
A: No, you don't. Hens lay eggs without a rooster. The eggs you buy at
the store are unfertilized and no rooster is around those hens. You
only need a rooster to hatch chicks. Roosters will not be allowed
under the proposed bylaws.

Q: Are chickens loud?
A: Roosters are loud, and they aren't allowed. Hens, on the other
hand, are pretty quiet: on average, far quieter than most dogs,
parrots, or macaws. They generally make a soft chuckle or cluck.
Occasionally, when they are showing off an egg they've just laid, or
when disturbed, their clucking is slightly louder. They're asleep in
their henhouse by dark.
                                                                                           A hen laying her egg
Q: What about predators or pests?
A: Since the ordinance will stipulate that the hens must be in a completely enclosed, predator-proof enclosure, and
locked in a solid henhouse at night, the hens will not attract predators any more than a rabbit in a hutch. As far as
rodents go: It is food that attracts rodents, not the chickens. If you have wild bird feeders in your back yard, you run the
same risk. Keep all feed in metal garbage cans, with secure lids. Feed birds in small doses, so as not to have a large
amount of food left over. If you feed your birds scraps/ protein, make sure it is eaten and not left in the bedding. Cats,
dogs, hawks, raccoons and other predators: The key to safe chickens is a sturdy, impenetrable coop. Raccoons in
particular are such clever, determined critters. Make sure the structure is secure (enclosed top, fencing buried below
ground under the sides, secure latches on doors or other entryways), keep all birds locked in at night, letting them out
into the run only during the day. Cats normally have a healthy respect for adult hens; dogs will chase them if they are
left to roam. If you let your birds out into a fenced yard, you are required to keep them under supervision at all times.

Q: What about diseases like Avian Flu?
A: Avian Flu of the type that is contagious to humans has not been found in North America. Any type of avian influenza is
spread by contact with the contaminated feces of other birds, primarily migratory waterfowl. So the key issues are
sanitation and contact with wild birds. Unlike rural farm birds, which "free range" and might, for example, drink from a
pond shared with Canada Geese, "backyard chickens" in South Portland will be kept in an enclosed pen with little
contact with the migratory birds. In addition, should avian flu ever reach here, it would more likely spread in situations
where birds are maintained in unsanitary conditions, such as the large commercial "factory farms" where chickens are
crammed together in filthy cages.... not where chickens are kept as pets in well-maintained coops cleaned as regularly as
any suburban pet.

Salmonella is the other primary concern associated with chicken and eggs. Again, this is an issue of cleanliness and
chickens kept as pets are unlikely to cause any problems. In fact, Consumer Reports magazine reports that 71% of all
supermarket chicken and eggs are contaminated with salmonella: eating your own backyard eggs, where you have
control over the sanitation, significantly reduces your chance of exposure. In terms of exposure from pets, chickens are
no more likely to carry it than parakeets, and pet reptiles are far more likely culprits. Good hand-washing practices are
always important after handling animals.



Hen Warrant Supporting Documents                                                                                    Page 15
Pet chickens, unlike cats and dogs which are prime vectors for rabies and tick-borne diseases, actually keep your yard
healthier by eating ticks and other insects.

Dr. Donald Hoenig, the Maine State Veterinarian in charge of animal health issues for the State of Maine (the FAQ comes
to me courtesy of the Portland bylaw changes), endorses backyard chickens, and feels they can peacefully coexist in
dense neighborhoods. He also confirms that the public health risk is minimal when the chickens are properly cared for,
the same as the health risks associated with keeping any other animal as a pet.

Dr. Richard J. Brzozowski, Extension Educator at the University of Maine Cooperative Extension responsible for
statewide programming in poultry science, also endorsed allowing pet hens in South Portland (again, South Portland
kindly let me use their FAQ, and I thought it was good info so I left it in).

Q: What about wintertime?                                                  The Eglu coop for 2 – 3 hens, in winter
A: Choose breeds that are known for their cold-hardiness,
such as one of the many Heritage Breed chickens bred in New
England and Canada in the 1800s. Here's a good breed-
selection chart. Less hardy breeds are susceptible to frostbite,
especially of the combs. Many people insulate their coops (be
sure to put an inner wall up so the hens won't eat the
insulation.) The main problem is keeping the water from
freezing, which may be accomplished with a heated dog-bowl,
a bird-bath or poultry-waterer de-icer, or a heat lamp or
ordinary light bulb over the waterer.

Q: Will chickens be running wild in neighborhoods?
A: No. The drafted amendment includes the stipulation that
the hens must be kept in a completely enclosed pen at all times unless they are in a securely fenced yard with
supervision.

Q: How many chickens are we talking about here?
A: The ordinance will limit the number to 6 or less. Four to six hens will supply a family of four with more than enough
eggs for personal use, and even some to share with neighbors.

Q: Don't chickens smell?
A: The amount of chicken manure produced by six hens is roughly equivalent to the dog droppings produced by a
medium-large dog. And, unlike dog or cat poop, chicken manure can be easily composted into fabulous garden fertilizer.
That said, smell will depend on the caretaker. Just like any other pet or animal, hens need care--cleaning out the dirty
bedding in the coop, keeping it dry and having a clean/dry area of sand or dirt for the birds to take dust baths in. These
practices will all help to keep your birds happy, healthy and odor free. My personal experience has been that any smell
is not present in the winter, and minimal at other times of the year. Most hen owners lay down litter in the hen house,
usually pine shavings or hay, and change it out 1 or 2 times a week. That is sufficient to keep the smell down to less than
a 5 foot radius in the summer, and down to nothing in the winter.

Q: What do chickens eat?
A: They will eat just about anything! There are commercial poultry foods (regular and organic) available at local feed
stores, or you can make your own mix. People feed chickens corn, oats, wheat, rye, soy, fresh greens from the garden

Hen Warrant Supporting Documents                                                                                  Page 16
(weeds as well), table scraps (they love spaghetti!), worms and other bugs. They will "mow" your grass if allowed in the
yard, and the more greens they eat, the yellower the yolks will be, and the higher the Omega-3s in the eggs!

Q: Can I use the chicken manure as fertilizer in the garden?
A: Chicken manure is high in nitrogen, so it is considered "hot". It will need to be composted before putting it directly
onto your garden. Once it has broken down, it then becomes perfect food for the garden.

Q: How many eggs can we expect?
A: A typical hen will start to lay eggs at about 5 months of age. The eggs will start out small, then get increasingly larger.
During the first year of laying, the hen (if she is a good egg producer) will lay one egg, almost every day in the warmer
months. The birds may then go through a "molt" in the late fall/ winter months and stop laying. Then they will start
again in the early spring. You can encourage egg laying through the colder months by keeping a light on a timer in the
henhouse to add "daylight" in the early morning (ideally for a total of 14 hours). As the hens get older, they will start to
lay fewer and fewer eggs. although they will be bigger eggs. While commercial egg farmers "retire" (!) hens at just a few
years old, backyard chickens can continue to lay for many, many more years. If a chicken is no longer wanted for any
reason, there is a "chicken retirement center" out in Lincoln, MA.

Q: Aren't chickens mean?
A: Just like any animal, it's all in the upbringing. If you took a bunch of parrots, cockatiels, kittens or puppies and stuck
them in a pen with minimal human contact beyond food and water, they probably wouldn't be very good pets. Just like
these animals, chickens that are hand-raised from chicks can be wonderful pets. They come when they are called, enjoy
being held and are beautiful and even affectionate pets.


               A coop in Westwood, MA, for 4 – 6 hens




                                                                                (Content graciously provided by
                                                                                http://sopochickens.org)




Hen Warrant Supporting Documents                                                                                      Page 17
Other Town’s Bylaws – Summary
Here are some examples of other laws in the US:

      Belmont, MA. You may keep chickens on residential lots with a special permit. Inspection required.
      Newton, MA. Hens allowed by special permit on lots under 5 acres. Over 5 acres agriculture is allowed without a
       permit.
      Brookline, MA. (Article 4, table item 57) Poultry is allowed, not more than 25 animals and 100 away from any
       residence not on the property. Additional regulations may be applied by the board of health.
      Winchester, MA. Keeping of animals such as horses, sheep, goats, pigs, etc. requires a permit.
      Lexington, MA. Up to 6 chickens allowed regardless of lot size. Any livestock allowed on lots exceeding 5 acres.
      Boston, MA. Chickens allowed with special permit in residential zones, however permits are hard to get.
      Concord, MA. Allows for any livestock on all lots exceeding 5 acres. Has special zoning for agriculture.
      Medford, MA. Does not allow any agricultural uses of residential properties, although it appears if you call them
       “pets”, they are exempt from the restrictions.
      Watertown, MA. Allows for commercial agricultural uses on residential property only if it is 5 acres or larger, but
       non-commercial usage limits are not specified.
      Somerville, MA. Does not mention livestock or poultry at all, with the exception of being able to sell agricultural
       products on certain zone types, so presumably unregulated. Interestingly enough, the city website has a page on
       coyotes, and how to protect livestock from predation.
      Wenham, MA. Poultry allowed, but the town may restrict your operation if it causes a public nuisance (noise) or
       public health issues (disease).
      Westwood, MA. Poultry allowed by permit. $10 annual fee. 15 ft. property setback.
      Northampton MA. A maximum of three hens allowed; no roosters.
      South Portland, ME. (Ord. Sec.2 7-8.5) - up to 6 hens allowed, some restrictions. No roosters. Permit required -
       $25 application fee, $25 for coop inspection. (Portland Press Herald, Sept 7, 2007)
      Portland, ME. Allowed as of 2/2009 - hens only, no roosters. Permit required, $25. Must be at least 20 feet away
       from neighboring houses and 5ft from property lines. (From the Portland Press Herald 2/19/2009)
      Cape Elizabeth, ME. Pet chickens allowed! (Not for profit.)
      Biddeford, ME. (Part II Ch 10 Art 1) Chickens allowed in the city, no restrictions.
      Boston, MA. (Ch. 16, Sec 16.18A) Chickens allowed by permit, fee $20. Certain limits in residential areas, but
       these are not listed in the city ordinance.
      Concord, NH. (Title 1, Ch 13, Art 13-1) Unspecified number allowed. Cannot be a public nuisance or health
       hazard.
      New Haven, CT. Unspecified number allowed. Cannot be a public nuisance or roam at large.
      New York City, NY. Poultry allowed. You have to have a permit for your chickens. Must be kept clean. No
       roosters. No limits on numbers, over 30 community gardens keep hens for eggs.
      Chicago, IL. Can keep as many chickens as you like but only if they will be your pets. You are not allowed to keep
       them for slaughter. You must also keep them penned.
      Burlington, VT. Up to 3 chickens per household.
      Portland, Oregon. You are allowed three hens without a permit. Roosters are not allowed. You need to apply for
       a permit to keep chickens. Permit for more costs $31. Any coop must be kept more than 25ft. from residences.
      Syracuse, NY. Chickens are sometimes allowed here. It depends on your zoning. No roosters.
      Mobile, AL. You can keep as many hens as you like here but no breeding allowed, and no roosters.
      Little Rock, AR. Up to four chickens allowed.
      Miami, FL. May have up to 15 hens, no roosters. Must be contained at least 100 feet from neighboring
       structures.
      Minneapolis, MN. Unlimited. Applicant needs consent from 80 percent of neighbors within 100 feet of real
       estate. Chickens must be penned.
      Missoula, MT. Allowed with some restrictions (Missoula Notebook – 12/18/08).


Hen Warrant Supporting Documents                                                                                 Page 18
      San Antonio, TX. Up to 5 chickens, any gender, per household. Must keep in a coop, 20 feet from any other
       dwelling.
      Rochester, NY. Requires a $25 license for keeping pet chickens; in the city limits, no roosters and no commercial
       breeding allowed. Coops must be kept 25 feet away from houses. Coops must provide a minimum of four square
       feet of room per bird. Your coop set-up must be inspected before adding chickens, to make sure it provides
       enough space and healthy conditions for the birds. Licensing and inspection is done through the Rochester City
       Police Department. The online city code which outlines this can be found in Chapter 30, Section 19.
      Madison, WI. As of 2004, it is legal to have 4 hens (no roosters) in a coop, no closer than 25' from the nearest
       neighbors living quarters. Butchering within the city limits is still not allowed.
      San Francisco, CA. Allowed with some restrictions.(Worldwatch Institute report “US City Dwellers Flock to Raising Chickens - 10/6/2008)
      Los Angeles, CA. Allowed with some restrictions. (Worldwatch Institute report “US City Dwellers Flock to Raising Chickens - 10/6/2008)
      Houston, TX. Allowed with some restrictions. (Worldwatch Institute report “US City Dwellers Flock to Raising Chickens - 10/6/2008)
      Seattle, WA. Allowed with some restrictions. (Worldwatch Institute report “US City Dwellers Flock to Raising Chickens - 10/6/2008)
      Los Angeles, CA. Allowed with some restrictions. (Worldwatch Institute report “US City Dwellers Flock to Raising Chickens - 10/6/2008)
      Pittsburgh, PA. Up to 5 pets allowed, including hens. Zoning variance may be required in some areas.




Hen Warrant Supporting Documents                                                                                                    Page 19
Experiences of Nearby Towns & Cities
I spoke with Health Inspectors or Animal Control officers in the following nearby cities. Below is the information they
have provided me.

Belmont, MA
Population: 24,261
Number of 2008 Licenses: 7
Number of 2008 Complaints: Zero
Property Setbacks: No
Permits required: Yes
Permit Fee: $25

Newton, MA
Population: 83,829
Number of 2008 Licenses: 20
Number of 2008 Complaints: 3
Property Setbacks: 10 ft, 40 ft from front of property
Permits required: Yes
Permit Fee: $25 for 2 years

Brookline, MA
Population: 57,425
Number of 2008 Licenses: “Few”
Number of 2008 Complaints: “Some”
Property Setbacks: 50 ft.
Permits required: Yes
Permit Fee: Information not provided

Lexington, MA
Population: 30,355
Number of 2008 Licenses: about 20 home licenses, 1 commercial
Number of 2008 Complaints: None that the Health Director knows of
Property Setbacks: 25 ft. from dwellings
Permits required: Yes
Permit Fee: $25




Hen Warrant Supporting Documents                                                                                  Page 20
Letter from Belmont Animal Control Officer

                             TOWN OF BELMONT
                                        HEALTH DEPARTMENT
                                        ANIMAL CONTROL
                                        BELMONT, MASSACHUSETTS
                                        617-993-2724



JOHN P. MAGURANIS
Animal Control Officer



To Whom It May Concern,

The Town of Belmont, Massachusetts has adopted chickens (hens only) into our Animal Control By-Laws almost two
years ago. Prior to this, residents who wished to raise chickens had to go through a lengthy and costly procedure for
permits that were written for farm use. Since all of the requests for chickens were not for “farm” purposes, we decided
to consider them under our pet regulations.

At present, Belmont has roughly eight households harboring chickens. We charge $25.00 per year for a permit and
inspection. The program is working well with zero complaints and Belmont families are now enjoying their own fresh
eggs, along with a great learning and family activity.

Inspection of chicken coops require very little time; less than an hour for the initial and about 20 minutes yearly
thereafter. A State expert on chickens has and is available for consult and information regarding health, housing and
sanitation issues that may arise.

In general, the chicken program has gone well and without incidents. We have set a five chicken limit and a no rooster
rule and have had no violations. All residents that have chickens have been eager to make any changes recommended
and all follow-up (yearly) inspections have gone without problems to date.

I would recommend adopting the harboring of chickens in any community By-Laws. The program takes little effort on
the staff of Animal Control and/or Health Department. I would be happy to answer any questions, elaborate more or
assist via e-mail or telephone.

Sincerely,



John P. Maguranis

jmaguranis@town.belmont.ma.us




Hen Warrant Supporting Documents                                                                                Page 21
Letters from current hen owners in surrounding towns


To my neighbors in Arlington,

I’m writing you to urge you to go forward in developing a plan for your residents to legally keep chickens.
About 3 years ago we started allowing up to 5 hens per household in my town of Belmont Massachusetts. No
roosters are allowed.

Although Belmont is classified a town because of its form or government, like Arlington, we have a greater
population and are more dense than many small cities. Belmont is a town of about 24,000 residents living in 4.7
square miles. Hens fit easily in towns this dense.
I heard that you had some reservations about the keeping of hens in a cold climate. Although we have
temperatures as low as -8F in winter, I do not provide extra heat for my chickens. Many of the chicken breeds
were developed in New England where I live, and are fine in cold. Of course they do need a coop to protect
them from wind and snow and predators. Think of the little wild birds that survive winter. Down and feathers
are great insulators.
In Belmont we need a permit each year to keep chickens. Our animal control officer insures that there is no
smell or mess and that the chickens are safe from predators and being cared for appropriately.
Because we are a densely populated town, the average size lot of our chicken keepers in town is small at about
6000 sq feet. It is not difficult to keep hens without smell and noise on lots this small or smaller.
Although chickens are an agricultural animal, they are now considered pets in many areas for purpose of
definition. This seems more appropriate for the small flock size of under a dozen usually found in cities and
suburbs. It allows them to be regulated in a similar manner to dogs and cats and allays fears of some people that
if we allow chickens today we might have to allow goats and pigs next or that their neighbor will have too many
chickens.

I also know that many people think that hens are magnets for coyotes or other animal pests. As long as extra
food is kept in a metal bin, this is not the case. If it were coyote magnets, then all the coyotes in Arlington
would have left your town and come to Belmont to stay because we have hens here.
On a humorous note I would also like to point out that chickens are the only pet that I know of that prepares
breakfast for you. I urge you to consider allowing chickens in your town. I believe they actually improve
quality of life and foster a sense of community as well as being a great educational experience for children. Of
course we all love the delicious eggs too.
Sincerely,
Joan Teebagy
chicken owner
Belmont Massachusetts




Hen Warrant Supporting Documents                                                                           Page 22
March 12, 2009



Dear Arlington Planning Board,

This letter comes to you in support of Pam Callaway and her efforts to bring backyard chickens to Arlington. My name is
Phyllis Craine and I live in Westwood, MA at 50 Blue Hill Drive. Westwood allows backyard chickens and my purpose in
writing you today is to express my support for a zoning change that will enable backyard chickens in Arlington.

Small flocks of backyard hens are neither dirty, noisy nor a nuisance. Laying hens do not need the services of a rooster
to produce eggs, and hens are quiet birds that make occasional clucking noises but they by no means are as noisy as the
average barking dog.

We've had had our chickens since June 18, 2008 and have never had a single complaint from any of our neighbors. The
reaction from everyone has been positive and ranges from surprised curiosity to actual envy! Our hens spend their days
happily in their coop an d enclosed run, safe from predators. I clean out their coop and run every week; their waste
goes onto our compost pile and eventually into our garden. We get get about three eggs a days, more than enough for
a family of four. Truthfully they are about as much work as a rabbit. Our birds are tame, friendly creatures and we
really enjoy having a close connection to an animal that gives us food and fertilizer. We have no need to spray for bugs
in our yard because anything we catch we feed to the chickens.

I feel very fortunate that Westwood is zoned for chickens. I hope you will read Westwood’s chicken ordnance and
consider it as a model for urban/suburban communities.

If you have any questions I would also be happy to appear before the Board in person.

Many thanks for this opportunity to support Pam Callaway,

Sincerely,

Phyllis Craine
50 Blue Hill Drive
Westwood, MA 02090
781-320-1964
Phyllis.craine@verizon.net




Hen Warrant Supporting Documents                                                                                Page 23
Letters from South Portland, ME Town Officials
Statements from South Portland’s former mayor Claude Morgan and current Code Enforcement Officer Patricia
Doucette. These letters were written for the Portland, ME legalization campaign which passed in February of 2009.

From: cvzm@maine.rr.com
Date: February 4, 2009 6:42:57 PM EST
Subject: RE: Portland Chicks
To: nanorton@maine.rr.com

We received a citywide report about chickens right before I left the council. First year report. For all the hoopalah and
public support only a few people availed themselves of the privilege to keep birds. We fell far short of the licensing cap we
set for the first year. That cap is now lifted. And this cap was put in place so that we could monitor the number of
licenses—and quality of animal husbandry. So, that should tell you that our experience here in SoPo is positive thus far.
The report won over even the most vociferous critics. It boils down to a few people who really want to care for chickens
and a host of neighbors and activists who support the right to live that value and raise our food in an eco-conscious way.
We did not burden or encumber our animal control officer one iota. Indeed, we still share his duties with Cape Elizabeth.
Zero complaints. Zero health citations. It’s been a wonderful success. Please feel free to encourage your councilors to
contact me directly if they want to hear more about our experience.


Claude Morgan
18 Fern Lane
South Portland, Me 04103
Tel: 207.799.5259 cell: 207.450.2583
Email: cvzm@maine.rr.com


From: PDOUCETTE@southportland.org

Date: February 9, 2009 9:46:48 AM EST
Subject: RE: South Portland Chickens
To: nanorton@maine.rr.com

Good Morning Nancy – we have not had one complaint or enforcement issue relative to the chicken
ordinance. Since September of 2007 – we issued fourteen (14) permits to residents to keep chickens. Those
annual permits all expired in December of 2008 and we have received nine (9) renewal requests I know of one
family that did move and the others are no longer (or never did) keep chickens.

The application procedure is not any different than any other application procedure. We share our animal
control officer with Cape Elizabeth – he works a normal 40 hours a week. Since we have had no complaints –
we have not devoted any time to investigation or enforcement. The applicant must obtain a building permit for
the chicken coop – if it is not built properly or there is a problem with it, the neighbors will let us know. As with
most everything – we react to issues. The extra few hours spent on the applications have never been an
issue. It is hard to predict how an ordinance like this would effect Portland. If you limit the applications to
owner occupied properties, that will cut down on issues with tenants trying to do this in apartment houses in
the middle of town.


Patricia Doucette
Code Enforcement Director
Deputy Director of Planning & Development
City of South Portland, Maine
207-767-7603


Hen Warrant Supporting Documents                                                                                     Page 24
Veterinarian Letters
The following is a letter from the Maine State Veterinarian regarding the successful South Portland campaign to allow
hens as pets.




Hen Warrant Supporting Documents                                                                                Page 25
Extension Office Letters
This is a letter from the Maine extension office. I’m still working on getting one for Massachusetts, specifically related to
this warrant.




Hen Warrant Supporting Documents                                                                                    Page 26
Experiences of Other Cities
Below are some examples of how some medium-sized cities have dealt with chickens… and then the perspectives of city
employees that have the most experience dealing with it. This information is excerpted from a study done by
researchers for the Missoula Montana City Council as they drafted their own chicken ordinance. We have the full texts
of both the study and the current ordinance draft if anyone is interested.

Themes throughout:

       All city employees that I spoke with said they had minimal complaints around chickens, and all revolved around
        roosters.
       Most thought their chicken ordinance did not create problems or nuisances, and some thought it improved their
        communities.



Madison, WI: Population: 208,000
Section 28.08 RESIDENCE DISTRICTS
Keeping of up to four (4) chickens, provided that:

        i.        The principal use is a single-family dwelling.
        ii.       No person shall keep any rooster.
        iii.      No person shall slaughter any chickens.
        iv.       The chickens shall be provided with a covered enclosure and must be kept in the covered enclosure or
                  a fenced enclosure at all times. (Am. by Ord. 13,698, 9-29-04)
        v.        No enclosure shall be located closer than twenty-five (25) feet to any residential structure on an
                  adjacent lot.
        vi.       The owner or operator obtains a license under Sec. 9.52, M.G.O.

Madison Employees’ Perspectives
   Patrick Comfort, Animal Control, Madison, WI: 608-243-0309

Madison ruled out roosters, because they infringed on the noise ordinance.

They require a yearly license for chicken-keeping, not the actual chickens. It’s $8.00 a year. People go to city treasure’s
office and pay the $8. Patrick didn’t really know why they require this, but thought it might help keep track of who has
chickens.

Accessory building, most people build them. The main part of the ordinance is 25-foot distance from a neighbor’s
house.

The ordinance is working very well in the city. There have not been any complaints whatsoever. “Eventually we’ll get
some complaints about hens, but we hear plenty of dog-related complaints every day.”

“In our experience it seems to bring neighborhoods together. It gives neighbors something to talk about, and chicken
owners can share eggs with their neighbors. It opens up communication lines, so there’s more of a sense of community.
So far, everyone has kept things pretty clean. A couple people have more than 4 hens—like 15—but they’re clean and
well cared for, and the neighbors love them.”


Hen Warrant Supporting Documents                                                                                   Page 27
They chose 4 hens as the limit because it seemed like enough egg production for a single family. “But it could have been
a little higher.”

Enforcement: If someone complains, enforcement is on the building inspector.

        Ron Towle, City Zoning, 608-266-4560:

Enforcement: Someone complains to zoning. It’s been working pretty well. They have very few complaints. Sometimes
a complaint that there are more than 4 or a rooster. Very few complaints can’t be taken care of. The Inspector goes out
and determines if there is a violation. If in violation, a notice is sent to the owner, requesting compliance with the
ordinance within a week or 2. If the inspector returns, and the chicken-owner has not complied, an official notice is sent
saying that they will have to set a court date if they do not correct the situation. “Chicken people tend to be law
abiding.”

People are now lobbying to raise the number from 4 to 12 hens, as they don’t get enough eggs out of four.

There are lots of neighbors who are curious about chickens and want to visit.

Liabilities: Only the diseases that birds can pass on. Our city council feels that’s not a great risk.

Permit is similar to sign erectors to help relieve the city of any liabilities if the sign falls.

Lot sizes in Madison can very, because there are non-conforming lots, ranging from 4,000 sf to 8,000 sf, and even 1,500
sf. But the city only requires a single family dwelling and presumes they have a yard. One case, in a dense area, they
had enough room but the enclosure was too close to the neighbors house. In general, that is not an issue.



Round Rock, TX: Population 61,000
Section 2.801 LIMITATIONS ON NUMBER OF FOWL

(1) This Section shall not apply to property zoned AG.

(2) It shall be unlawful to own or keep fowl within the corporate limits of the City unless the number is limited and they
are kept in enclosed pens as set forth below:

(a) If fowl are confined within an enclosed pen which is located fifty (50) feet or more from any building or dwelling
occupied by any person other than the owner of the fowl, the number of fowl is limited to no more than ten (10).

(b) If fowl are confined within an enclosed pen which is located less than fifty (50) feet, but more than twenty-five (25)
feet from any building or dwelling occupied by any person other than the owner of the fowl, the number of fowl is
limited to no more than five (5).

Employees Commentary:

        Animal Control enforces the ordinance on a complaint basis.
        A chicken coop does not need a permit and is not considered a permanent structure.
        There have not been any complaints about hens. A couple of roosters were making noise and drew complaints.



Hen Warrant Supporting Documents                                                                                    Page 28
Corvallis, OR: Population: 49,000
       Richard Wenland, Animal Control: 541-766-6924; richard.wenland@ci.corvallis.or.us

Most of the roosters have been run out of town due to noise.

Animal Control will only get involved if there’s been a complaint about smell, noise, or running at large.

Chickens are largely unregulated. The two ordinances that keep chickens from getting out of hand concern noise and
animal waste, which requires extra clean up that you don’t see in the rural areas. Chickens have to be non-commercial
for home use.

“Seems to work out just fine.”



Missoula, MT: Population: 57053
After the above research study, the Missoula city council voted to allow chickens inside city limits in 2007. 38 licenses
had been issued as of 12/2008.

       Animal Control Supervisor Ed Franceschina

    “All in all, we don’t see any huge problems with the chickens”

       City Councilwoman Stacy Rye

    She’s never seen as much interest from constituents as she did on the chicken issue – and that interest was
    overwhelmingly positive.

       Missoula Notebook – “Missoula in the Year of the Chicken” 12-18-2008

    “So far, however, Missoula’s urban chickens … are remarkable for how little trouble they’ve turned out to be.”

    “More than one chicken owner I spoke to said that having chickens has improved neighbor relations”




Hen Warrant Supporting Documents                                                                                   Page 29
Sample Animal Control Regulations
This is a sample of 3 other animal control regulations or ordinances, two from surrounding communities.

Newton Animal Control Ordinance
RULES AND REGULATIONS FOR THE KEEPING OF ANIMALS AND LIVE FOWL

The City of Newton Health Department hereby orders that the following regulations be and are hereby adopted this First Day of
November 1982 to become effective on September 1, 1994 under authority of Sections 31, 122 and 155 of Chapter 111 of the
General Laws of the Commonwealth of Massachusetts and revised on September 1992. All other regulations previously adopted
regarding the keeping of animals and live fowl and the licensing of stables are hereby repealed.

SECTION 1. LICENSE REQUIREMENTS

1.1 No person shall keep animals or fowl within the limits of the City of Newton except pursuant to a license issued by the Newton
Health Department and in accordance with the terms and conditions of such license and the animal regulations set out herein.

1.2 Each license granted hereunder shall contain a statement of the number and type of creatures licensed and such conditions as
may be required by the Department.

1.3 A person desiring to keep animals or fowl shall apply for a license on an application provided by the Health Department. All
information required by the application shall be provided by the applicant, including a plan of the type and location of the structure
where the animals or fowl are proposed to be kept. In the case of structures which are newly built or substantially renovated after
the effective date of these animal regulations, the applicant shall submit a copy of the City of Newton Building Permit.

1.4 The fee for licenses shall be twenty-five dollars ($25.00), which shall be paid upon licensure.

1.5 Licenses granted hereunder shall be for a term up to two years, expiring on October 15th of every even year, unless sooner
revoked. Such licenses are not transferable.

1.6 No license shall be granted for the keeping of a rooster, goose or any other animal or fowl whose type, breed or gender is known
to create loud or objectionable noises unless it can be shown that such animal or fowl will be kept at all times in a location no less
than one thousand feet (1,000') from the lot lines of the applicant.

1.7 Any person holding a valid license on the date of promulgation of these standards will be considered exempt from the new
        distance requirements set out in 4.1, 5.1 and 6.1 until August 30, 1994.

1.8 Except as provided in section 9, no license shall be granted except upon the Commissioner of Health's determination that the
applicant has demonstrated his/her compliance with all applicable local, state and federal laws.




Hen Warrant Supporting Documents                                                                                            Page 30
SECTION 2. DEFINITIONS - For the purposes of this chapter the following definitions shall apply:

2.1 ANIMALS: Horses, ponies, goats, swine, cattle, sheep,

         donkeys, llamas, alpacas, mules and all other birds and mammals which are kept or harbored as domesticated animals,
provided that the following shall not be considered animals: Dogs;cats; rodentra up to five in number; Vietnamese Pot Belly Pigs up
to two in number; wild animals, exotic birds, fish reptiles and amphibians. *

2.2 FOWL: Chickens, pigeons, doves, capons, hens, turkeys, pheasants, guinea fowl, ducks, roosters and geese other than wild
       species.

2.3 RODENTERA: Include domestic rats, mice, rabbits, guinea pigs, hamsters, chinchillas and other members of the rodentera family.

2.4 PERSON: Every individual, partnership, corporation, firm, association or group.

2.5 STABLE: A structure having stalls or compartments in which large animals such as horses, donkeys, mules, cattle, or ponies are
housed.

2.6 SHELTER: A structure for housing small animals.

2.7 COOP: Small structure for housing live fowl.

SECTION 3. RESTRICTIONS

3.1 No person shall keep any animals or live fowl in any building any part of which is used as a dwelling including but not limited to
attached garages and breezeways etc..

* Dogs must be licensed according to the provisions of Newton City Ordinances and of State Law (Mass. General Laws c. 140 137.)
Wild animals, exotic birds, fish reptiles and amphibians may be kept as pets subject to the licensing requirements of State Law
(Mass.         General            Laws         c.        131         sections         23,          25         and          26A).

Those wild animals which may be kept without a state license are listed in 321 Code MA. Reg. 9.01

SECTION 4. SHELTERS

4.l LOCATION: All shelters shall be located not less than 200 feet from the high water mark of any known source of

         drinking water supply or any tributary thereof, or less than 50 feet from any well. In addition, all shelters shall be located at
         least 10 feet from side and rear property lines and at least 40 feet from front property lines.

4.2 CONSTRUCTION: All shelters shall be so constructed as to protect from dampness, deterioration and accessibility to rodents.

4.3 FLOORS: Floor surfaces shall be so constructed as to be easily cleanable.

4.4 FEED STORAGE: The owner shall provide for tightly covered and vermin-proof storage of dry animal feed.

4.5 LIGHTING AND VENTILATION: Each shelter shall be provided with adequate lighting and ventilation so as to prevent the build up
        of odors and moisture.

4.6 NUISANCE PREVENTION: Adequate measures shall be taken to reduce the presence of rodents, flies, other insects, and the
        creation of odors and other nuisances. All pesticides must be EPA approved and used in accordance with directions on the
        manufacturer's label.

4.7 MANURE STORAGE: The manure storage facility shall be constructed of durable material and be so located as to promote regular
       removal of manure so as to prevent objectionable conditions. Manure shall be stored not less than 200 feet from the high

Hen Warrant Supporting Documents                                                                                                Page 31
        water mark of any known source of drinking water supply or any tributary thereof, and not less than 100 feet from any well.
        In addition, manure storage shall be kept at least 10 feet from side and rear lot lines and at least 40 feet from front
        property lines, and 50 feet from any dwelling unit.

SECTION 5. COOPS

5.1 LOCATION: All coops shall be located not less than 200 feet from the high water mark of any known source of drinking water
        supply or any tributary thereof, or less than 50 feet from any well. In addition, all coops shall be located at least 10 feet
        from side and rear property lines and 40 feet from front property lines.

5.2 CONSTRUCTION OF BUILDINGS: All coops shall be of durable construction. Such structures shall be elevated to a height which
        allows for adequate cleaning and designed so as to prevent the harborage of rodents and insects. Nests shall be movable
        or otherwise designed so as to be readily cleanable.

        5.3 VENTILATION: All coops shall be ventilated so as to prevent buildup of odors and moisture.

        5.4 NUISANCE PREVENTION: Adequate measures shall be taken to reduce the presence of rodents, flies, other
                insects, and the creation of odors and other nuisances. All pesticides must be EPA approved and used in
                accordance with directions on the manufacturer’s label.

        5.5 MAINTENANCE OF COOP FACILITIES: All coop facilities shall be cleaned regularly and maintained in such a
               manner as to prevent the build-up of manure. Feed stations shall be maintained in proper sanitary
               conditions.

        5.6 MANURE STORAGE: The manure storage facility shall be constructed of durable material and be so located as
               to promote regular removal of manure so as to prevent objectionable conditions. Manure shall be stored
               not less than 200 feet from the high water mark of any known source of drinking water supply or any
               tributary thereof, or less than 100 feet from any well. In addition, manure storage shall be kept at least 10
               feet from side and rear lot lines, at least 40 feet from front property lines and at least 50 feet from any
               dwelling unit.

        SECTION 6 STABLES

        6.1 LOCATION: Stables shall be located:

                 - Not less than 200 feet from any church, meeting house, school, hospital, nursing home or rest home.

                 - Not less than 200 feet from the high water mark of any source of drinking water supply or any tributary
                          thereof, or less than 50 feet from any well.

                 - Not less than 50 feet of any room where milk is handled.

                           - Not less than 10 feet from side or rear lot lines or less than
                           50 feet from a dwelling.
                           - Not less than 40 feet from front lot lines.

        6.2 CONSTRUCTION: Stables shall be of durable construction to protect the building from deterioration or damage
                by rodents, termites and dampness.

        6.3 FLOORS: Floors in stalls and stables shall be constructed of materials approved by the Health Department and
                shall be sloped to facilitate proper drainage. Floors in the feed and tack rooms should be of concrete
                construction

6.4 DRAINAGE: The stable area shall be adequately drained so as to prevent ponding and public health nuisances created by runoff.
Hen Warrant Supporting Documents                                                                                           Page 32
6.5 WATER SUPPLY: An adequate quantity of safe water shall be provided for each stable. Each stable shall be provided with a
       sufficient number of hose bib water outlets so that the stable can be hosed down and maintained in a clean condition. All
       outlets shall be equipped with approved backflow devices as required by State Plumbing Codes and shall meet all other
       requirements of such code.

6.6 WATER TROUGH: A drinking water trough shall be provided in the corral area for the animals. Troughs shall be kept clean and
       shall not create a mosquito breeding nuisance.

6.7 CORRALS AND PADDOCK AREAS: Corrals and paddock areas should be graded to minimize standing pools of surface water.

6.8 FEED STORAGE: Grain feeds shall be stored in covered containers which are metal, metal-lined, or constructed of other durable
        material approved by the Health Department.

6.9 NUISANCE PREVENTION: Adequate measures shall be taken to reduce the presence of rodents,flies, other insects and the
        creation of odors or any other nuisances. All pesticides must be EPA approved and used in accordance with the directions
        on the manufacturer's label.

6.10 MANURE STORAGE: The manure storage facility shall be constructed of durable material and be so located as to promote
       regular removal of manure so as to prevent objectionable conditions. Manure shall be stored not less than 200 feet from
       the high water mark of any known source of drinking water supply or any tributary thereof, or less than 100 feet from any
       well. In addition, manure storage shall be kept at least 100 feet from lot lines and 50 feet from any dwelling unit.

6.11 LIGHTING AND VENTILATION: Each stable shall be provided with adequate light and ventilation to prevent the build-up of odors
        and moisture.

6.12 LIVING AND SLEEPING QUARTERS: Stables shall not be used for human habitation, except upon written permission of the
Health Department. If permitted by the Health Department, such living and sleeping quarters shall meet the requirements of
Chapter II of The State Sanitary Code.

SECTION 7. RESTRICTION TO PREMISES

        All animals and live fowl except pigeons and doves shall be kept in an approved building, run, or enclosure. They shall not
        be      permitted       to      roam      unrestricted      outside      the     building,      run      or     enclosure.




Hen Warrant Supporting Documents                                                                                          Page 33
SECTION 8. APPEAL OF A DENIAL OF A LICENSE OR RENEWAL THERE OF

        Any person whose application for a license or license renewal has been denied may request a hearing before the
Commissioner of Health by submitting a written request within ten days of said denial. The Commissioner of Health shall set a time
and place for said hearing within fourteen days of receipt of the request.

SECTION 9. VARIANCE / HEARING

The Commissioner of Health may vary the application of any provision of these regulations where he has determined that literal
enforcement thereof would result in substantial hardship, financial or otherwise, to the applicant, and that the license sought may
be granted without substantial detriment to the public good and without substantially derogating from the public health purposes of
these regulations, but not otherwise.

SECTION 10. SUSPENSION/REVOCATION OF LICENSE

10.1 A license granted under these regulations may be suspended or revoked for cause, by the Commissioner of Health, provided
         that a hearing has been held after (7) days notice of the suspension or revocation, except in the case of emergency as set
         out below. Notice shall be given by first class mail sent to the address shown on the most recent application for licensure.

10.2 Whenever the Commissioner of Health has determined that an emergency exists under section 10.3, he may, without prior
notice or hearing, issue an order reciting the existence of the emergency and ordering that license be immediately revoked or
suspended, as specified therein. Such person may request a hearing within seven (7) days after the service of the order and the
hearing shall be granted as soon as possible, provided however, that such a request for hearing shall not stay or in any way modify
the terms of the emergency order.

10.3 Cause for emergency: the following shall be grounds for emergency suspension or revocation of a license to keep animals:

        1. cruel treatment of animals

        2. using animals for illegal purpose (e.g. fighting)

      3. outbreak of a communicable animal disease as determined by the Inspector of Animals or a veterinarian licensed in the
Commonwealth

        4. unsanitary conditions which in the opinion of the Health Department, create a health hazard.

SECTION 11. PENALTIES

          Any person who violates any provision of these regulations shall, upon conviction, be fined not more than one thousand
dollars ($1,000.00). Each day of violation shall constitute a separate offense.

SECTION 12. SEVERABILITY

        If any section, subsection, sentence, clause, phrase or portion of these regulations is for any reason held invalid or
        unconstitutional by any court of competent jurisdiction, such provisions and such holding shall not affect the validity of the
        remaining portions thereof. The provisions of these rules and regulations are hereby declared severable.




Supporting Documentation for the Hen Warrants                                                                               Page 34
Belmont Chicken Harborage Inspection Form
                       TOWN OF BELMONT HEALTH DEPARTMENT
                       DATE: ___________
                       CHICKEN HARBORAGE INSPECTION


OWNER: ______________________________________

ADDRESS: _____________________________________

PHONE: _______________________________________

E-MAIL:________________________________________

PHONE: (home)                    (office/cell)



     AREAS INSPECTED                                    SAT   UNSAT N/A   COMMENTS

1.   Outside Premises

a    Sanitation; outside areas free of animal
     waste/trash?

b    Chicken run area clean, safe and escape proof?

c    Rodent and/or Insect Control program?



2.   Chicken Coop

a    Is litter dry and of sufficient depth? Feces not                     6” for standard chickens; 3” for
     cleaned regularly (builds immunities)?                               bantams. Dry & loose is
                                                                          optimal

b    Is an approved bacterial/viral cleaning solution
     used? Used properly?

c    Are animals caged in appropriate sized cages?

d    Are cages in good repair and serviceable?

e    Does coop provide sufficient shelter from wind,
     snow, sun and rain?



Supporting Documentation for the Hen Warrants                                                           Page 35
3.   Quarantine and/or Isolation Areas

a    Are new birds properly isolated (14 – 21 days) to
     prevent disease transmission to healthy animals

b    Are feed bowls, water bowls cage materials
     sanitized and/or disposed of properly?

c    Is your veterinarian qualified for fowl?



4.   Feed Storage Areas

a    Is feed stored to prevent insect/rodent damage?

b    Is an established feeding schedule prepared?

c    Is open food secured properly?

d    Are any feed supplies kept past expiration date?



                                                           SAT   UNSAT   N/A   COMMENTS

5.   Emergency procedures

a    Do you have an emergency evacuation procedure?

b    Is there an established fire prevention plan in
     effect?

c    Is there an established disaster preparedness plan?



                                                           SAT   UNSAT   N/A   COMMENTS

6.   Eggs

     Are eggs collected sold anywhere?

     Are eggs collected on a daily basis?

7.   Other




Supporting Documentation for the Hen Warrants                                             Page 36
Comments:




_______John P. Maguranis______________________________________________________________
        (Inspector Name Printed)                          (Owner Name Printed)




                        (Signature)                                     (Signature)




Supporting Documentation for the Hen Warrants                                            Page 37
South Portland, ME Animal Control Ordinance
IN CITY COUNCIL

ORDINANCE#-4-07/08

THE COUNCIL of the City of South Portland hereby ordains that Chapter 3 “Animals and Fowl” of the “Code of
Ordinances of the City of South Portland, Maine” be and hereby is amended as follows:
. . .
                                              ARTICLE I. IN GENERAL
. . .
Sec. 3-1A.      Definitions.
. . .
        Chicken Pen shall mean a wire enclosure connected to a henhouse for the purpose of allowing chickens to
leave the henhouse while remaining in an enclosed, predator-safe environment.
. . .
        Henhouse shall mean a structure for the sheltering of female chickens. An existing shed or garage can be
used for this purpose if it meets the standards contained in Article II. Domesticated Chickens, including the required
distance from property lines.
...

Sec. 3-18. Duty to give notice upon death of confined domesticated animal.

      The health officer shall be notified immediately by the person in charge of the death of any dog confined as
required by section 3-3516.
…

Sec. 3-21.      Health officer, animal control officer or police officer to investigate bites by domesticated
animals.

The health officer, animal control officer or a police officer shall investigate all bites by domesticated animals.
...

Sec. 3-29 – 3-49. Reserved.

                                     ARTICLE II. DOMESTICATED CHICKENS

Sec. 3-51. Purpose.

        The purpose of this article is to provide standards for the keeping of domesticated chickens. It is intended
to enable residents to keep a small number of female chickens on a non-commercial basis while limiting the
potential adverse impacts on the surrounding neighborhood. The City recognizes that adverse neighborhood
impacts may result from the keeping of domesticated chickens as a result of noise, odor, unsanitary animal living
conditions, unsanitary waste storage and removal, the attraction of predators, rodents, insects, or parasites, and

Supporting Documentation for the Hen Warrants                                                                  Page 38
non-confined animals leaving the owner’s property. This article is intended to create licensing standards and
requirements that ensure that domesticated chickens do not adversely impact the neighborhood surrounding the
property on which the chickens are kept.

Sec. 3-52. Permit Required.

        An annual permit is required for the keeping of any domesticated chickens in the City of South Portland.
Additionally, a building permit is required for the construction of a henhouse and chicken pen.

       (a) The annual permit to keep chickens is personal to the permittee and may not be assigned. In the
event the permittee is absent from the property for longer than sixty (60) days, the permit shall automatically
terminate and become void.

        (b) The first permit year shall be September 25, 2007 through December 31, 2008. Thereafter the
permit year shall be January 1 through December 31. In the first permit year, no more than twenty (20) permits
shall be issued. In each subsequent permit year, twenty (20) more permits may be issued in addition to new
permits issued to previous permittees.

Sec. 3-53. Fees

        The fee for an annual permit to keep chickens is twenty-five dollars ($25.00). In addition, a twenty-five
dollar ($25.00) fee shall be required for the building permit for the construction of a henhouse or chicken pen.

Sec. 3-54. Number and Type of Chickens Allowed.

(a)    The maximum number of chickens allowed is six (6) per lot regardless of how many dwelling units are on
       the lot. In the case of residential condominium complexes without individually owned back yards, the
       maximum number of chickens allowed is six (6) per complex.

(b)    Only female chickens are allowed. There is no restriction on chicken species.

Sec. 3-55. Non-Commercial Use Only.

       Chickens shall be kept as pets and for personal use only; no person shall sell eggs or engage in chicken
breeding or fertilizer production for commercial purposes. The slaughtering of chickens is prohibited.

Sec. 3-56. Enclosures.

(a)    Chickens must be kept in an enclosure or fenced area at all times. During daylight hours, chickens may be
       allowed outside of their chicken pens in a securely fenced yard if supervised. Chickens shall be secured
       within the henhouse during non-daylight hours.

(b)    Enclosures must be clean, dry, and odor-free, kept in a neat and sanitary condition at all times, in a manner
       that will not disturb the use or enjoyment of neighboring lots due to noise, odor or other adverse impact.

Supporting Documentation for the Hen Warrants                                                              Page 39
(c)    The hen house and chicken pen must provide adequate ventilation and adequate sun and shade and must
       both be impermeable to rodents, wild birds, and predators, including dogs and cats.

(d)    Henhouses.

       (1)    A henhouse shall be provided and shall be designed to provide safe and healthy living conditions for
              the chickens while minimizing adverse impacts to other residents in the neighborhood.

              (a)      The structures shall be enclosed on all sides and shall have a roof and doors. Access doors
                       must be able to be shut and locked at night. Opening windows and vents must be covered
                       with predator- and bird-proof wire of less than one (1) inch openings.

              (b)      The materials used in making the structure shall be uniform for each element of the structure
                       such that the walls are made of the same material, the roof has the same shingles or other
                       covering, and any windows or openings are constructed using the same materials. The use
                       of scrap, waste board, sheet metal, or similar materials is prohibited. The henhouse shall be
                       well-maintained.

              (c)      The structure shall be painted; the color shall be uniform around the structure and shall be
                       in harmony with the surrounding area.

       (2)    Henhouses shall only be located in rear yards, as defined in Sec. 27-55. For a corner lot or other
              property where no rear yard exists, a side yard may be used as long as the setbacks generally
              applicable in the zoning district are met. In no case may a henhouse be placed in the front yard.

       (3)    If a henhouse is proposed to be located less than twenty (20) feet from any side or rear property
              line, the Code Enforcement Officer shall notify abutting property owners by mail at least twenty
              (20) days before issuing a permit, except that the permit may be issued in fewer than 20 days if
              all abutters have responded before the expiration of that time. For henhouses proposed to be
              located within twenty (20) feet from the side or rear property line, the burden of proof is on the
              applicant to demonstrate that the proposal will meet the criteria of this article and will not
              adversely impact the use or enjoyment of abutting properties.

(e)    Chicken Pens.

       (1)    An enclosed chicken pen must be provided consisting of sturdy wire fencing buried at least 12” in
              the ground. The pen must be covered with wire, aviary netting, or solid roofing. The use of chicken
              wire is not permitted.

Sec. 3-57. Odor and Noise Impacts.

(a)    Odors from chickens, chicken manure, or other chicken-related substances shall not be perceptible at the
       property boundaries.


Supporting Documentation for the Hen Warrants                                                             Page 40
(b)    Perceptible noise from chickens shall not be loud enough at the property boundaries to disturb persons of
       reasonable sensitivity.

Sec. 3-58. Lighting.

       Only motion-activated lighting may be used to light the exterior of the henhouse.

Sec. 3-59. Predators, Rodents, Insects, and Parasites.

         The property owner shall take necessary action to reduce the attraction of predators and rodents and the
potential infestation of insects and parasites. Chickens found to be infested with insects and parasites that may
result in unhealthy conditions to human habitation shall be removed by the Animal Control Officer.

Sec. 3-60. Feed and Water.

       Chickens must be provided with access to feed and clean water at all times; such feed and water shall be
unavailable to rodents, wild birds and predators.

Sec. 3-61. Waste Storage and Removal.

       Provision must be made for the storage and removal of chicken manure. All stored manure shall be
covered by a fully enclosed structure with a roof or lid over the entire structure. No more than three (3) cubic feet
of manure shall be stored. All other manure not used for composting or fertilizing shall be removed. In addition,
the henhouse, chicken pen and surrounding area must be kept free from trash and accumulated droppings.
Uneaten feed shall be removed in a timely manner.

Sec. 3-62. Application for permit.

       Every applicant for a permit to keep domesticated chickens shall:

(a)    Complete and file an application on a form prescribed by the Code Enforcement Officer;

(b)    Deposit the prescribed permit fee with the Code Enforcement office at the time the application is filed.

       Any material misstatement or omission shall be grounds for denial , suspension or revocation of the permit.

Sec. 3-63. Approval of permit.

         The Code Enforcement Officer shall issue a permit if the applicant has demonstrated compliance with the
criteria and standards in this article.

Sec. 3-64. Denial, suspension or revocation of permit.


Supporting Documentation for the Hen Warrants                                                                Page 41
         The Code Enforcement Officer shall deny a permit if the applicant has not demonstrated compliance
with all provisions of this article.

        A permit to keep domesticated chickens may be suspended or revoked by the Code Enforcement
Officer where there is a risk to public health or safety or for any violation of or failure to comply with any of the
provisions of this article or with the provisions of any other applicable ordinance or law.

         Any denial, revocation or suspension of a permit shall be in writing and shall include notification of the
right to and procedure for appeal.

Sec. 3-65. Appeal.

       A person appealing the issuance, denial, suspension or revocation of a permit by the Code
Enforcement Officer may appeal to the Board of Appeals within thirty (30) days of the decision being appealed.

Sec. 3-66. Penalty.

         In addition to any other enforcement action which the city may take, violation of any provision of this
article shall be a civil violation and a fine not exceeding one hundred dollars ($100.00) may be imposed. Each
day that a violation continues will be treated as a separate offense.

Sec. 3-67. Removal of Chickens

        In addition to the penalty stated in Sec. 3-68, any violation of the provisions of this article or of the permit
shall be grounds for an order from the Code Enforcement Officer to remove the chickens and the chicken-related
structures.

       The Health Inspector, Health Officer, or Animal Control Officer may also order the removal of the chickens
upon a determination that the chickens pose a health risk.

        If a chicken dies, it must be disposed of promptly in a sanitary manner.

Sec. 3-68. Annual Report to City Council

        On or before October 15 annually, the Code Enforcement Officer shall submit to the City Council a report
stating the number of permits issued in the previous permit year, the number of complaints reported in the previous
permit year, the nature of any enforcement activities, and nay other information relevant to the oversight of
provisions in this article.

Sec. 3-69. Separability.

        In the event that any section, subsection or portion of this article shall be declared by any competent court
to be invalid for any reason, such decision shall not be deemed to affect the validity of any other section,
subsection or portion of this article.



Supporting Documentation for the Hen Warrants                                                                   Page 42
[Fiscal Note: Less than $1000]
Dated: August 6, 2007




Supporting Documentation for the Hen Warrants   Page 43

				
DOCUMENT INFO
Shared By:
Categories:
Stats:
views:48
posted:5/20/2011
language:English
pages:43