Chickens get another look

By Dan DuChene
Feb. 20, 2009    ·    8:49 a.m.

City Council unanimously passed language to strengthen its animal ordinance for court, after coming away victorious from an urban farming lawsuit.

The decision to approve the language on the first reading was reached unanimously by City Council to bring the ordinance in line with the Michigan Right to Farm Act.

“This ordinance change doesn’t change anything going on,” Councilmember Peter Murdock, D-Ward 3, said at the meeting.

Assistant City Attorney Karl Barr told City Council the language allows farms determined to have protection under the act to continue farming without any interference from the city. He said only farms that adhere to “generally accepted agricultural and management practices” and existed prior to changes in land usage within a 1 mile radius come under protection from the act.

“We’re not under any knowledge that someone currently complies,” Barr said.

He said the original intent of the legislation was to protect farms in rural areas with expanding residential development from nuisance complaints from people not happy living next to a farm.

The language was presented after Judge Kirk Tabbey submitted an opinion in the city’s favor after Ypsilanti resident and urban farmer Peter Thomason brought suit against the city, arguing the local animal ordinance was in violation of the state act.

Barr said the change is just to make the ordinance stronger in court if there is ever an appeal.

After the meeting, Thomason said he does intend to file an appeal. He said he has already taken steps to do so.

Thomason, who owns 40 chickens and four goats, said local government can not supersede an existing state law. He said only the agriculture regulation should come from the state.

“This is a cutting edge issue,” Thomason said, in agreement with a statement Barr had made during the meeting.

Barr said this issue, incorporated with this state act, is a new question posed to the courts.

“There is no case law on point today,” Barr said at the meeting.

After a presentation made by Amanda Edmunds, executive director of local non-profit Growing Hope (see video), City Council discussed the merits of residents keeping chickens, bees and goats in the city.

“I grew up with goats right in my back yard right there on Harriet Street,” said Councilmember Lois Richardson, D-Ward 1.

Richardson, along with Councilmember Bill Nickels, D-Ward 2, said the issue could be treated much like the city’s parking ordinance, where people could get permission from residents on their block to keep the animals.

Mayor Paul Schreiber said the ordinance could also be changed to allow chickens under the same auspices as dogs, with city licensing and permits.

“I think we need to do it in a way that does not put an extra burden on staff,” Schreiber said. “That’s the issue, making sure it’s not a nuisance.”

After the discussion, Schreiber directed city staff to look into allowing the keeping of chickens and bees in the city.