(2/16) In a three to one split decision, the Town Council agreed to move forward to the next step, the modification of the town code, for the allowance of owning chickens within town limits. Commissioner Bud Eckenrode cast the only vote in opposition.
Prior to the vote, the Commissioners reviewed and marked up the proposed ‘Regulation of Fowl’ ordinance, drafted by the town’s Planning and Zoning Commission, which would govern the ownership of chickens.
As amended by the Town Council, property owners within the town who own less than an acre will be allowed to have 5 chickens. Owners of more then one acre will be allowed to own up to 12 chickens. Ownership of roosters is prohibited.
A majority of the requirements within the ordinance are related to ensuring the safety, health and wellbeing of the chickens. Especially, the ordinance lays out requirements for the minimum size of chicken coops based upon the number chickens and the size of their outdoor runs. It’s important that chickens have the ability to move about, Commissioner John Cutshall said.
Chickens must be safely secured in well-constructed coops at night, and be protected at all times from attacks from wild animals, dogs and cats. In addition, veterinary care must be provided for all sick or injured chickens.
The rights of adjacent property owners were also addressed by the proposed requirements. Specifically, when not in their pens, all chickens must be in an enclosed area to prevent them from being "free range chickens," according to Cutshall. In addition, the enclosure cannot be closer than 10 feet to an adjoining property. "While we want them to be able to move about, we don’t want chickens to have the full run of someone’s yard," Cutshall said.
Any odor from the chickens, including water byproducts, may not be discernable at the property line. Owners must dispose of all chicken waste, not used for fertilizer, properly. Disposal of chicken waste in the town’s trash system is strictly prohibited.
The Council debated the merits of notifying adjacent property owners when a chicken permit is requested, but as Burgess Barnes pointed out, "we don’t notify adjacent property owners now when someone applies for a building permit, or a permit to have a dog, so I don’t see a need to do it here. Doing so will put us on a slippery slope with regards to notifications on other types of permits."
In order to obtain a town permit, owners must first register their chickens with the State’s Domestic Poultry division. Following the state registration, a resident can then apply for a town permit.
Prior to issuing a permit, the property will be inspected by the town’s zoning enforcement officer to verify that the chicken coop and enclosure are compliant with all requirements.
Owners who violate any of the requirements within the new ordinance will be cited and fined, with fines increasing with each violation. An owner who is cited three times within a 12 month period will have their permit withdrawn and will be required to move their chickens outside of town limits.
If Avian Flu, a.k.a. ‘Bird Flu’, is detected in a flock, the flock will be destroyed. However, the ordinance is silent as to if ‘flock’ refers to only the chicken owned by a special individual, or all the chickens within town limits. In either case, the decision on the culling of a flock will be determined by the Maryland Department of Agriculture.
A public hearing will be held, on April 11, on the proposed chicken ordinance. Following public input, the Council will make the final decision to reject or adopt the ordinance. If adopted, chicken lovers can then begin the process of bringing their chickens home to roost.
Council moves forward with allowing chickens in-town
In a three to one split decision, the Town Council agreed to move forward to the next step, the modification of the town code, for the allowance of owning chickens within town limits. Commissioner Bud Eckenrode cast the only vote in opposition.
Prior to the vote, the Commissioners reviewed and marked up the proposed ‘Regulation of Fowl’ ordinance, drafted by the town’s Planning and Zoning Commission, which would govern the ownership of chickens.
As amended by the Town Council, property owners within the town who own less than an acre will be allowed to have 5 chickens. Owners of more then one acre will be allowed to own up to 12 chickens. Ownership of roosters is prohibited.
A majority of the requirements within the ordinance are related to ensuring the safety, health and wellbeing of the chickens. Especially, the ordinance lays out requirements for the minimum size of chicken coops based upon the number chickens and the size of their outdoor runs. It’s important that chickens have the ability to move about, Commissioner John Cutshall said.
Chickens must be safely secured in well-constructed coops at night, and be protected at all times from attacks from wild animals, dogs and cats. In addition, veterinary care must be provided for all sick or injured chickens.
The rights of adjacent property owners were also addressed by the proposed requirements. Specifically, when not in their pens, all chickens must be in an enclosed area to prevent them from being "free range chickens," according to Cutshall. In addition, the enclosure cannot be closer than 10 feet to an adjoining property. "While we want them to be able to move about, we don’t want chickens to have the full run of someone’s yard," Cutshall said.
Any odor from the chickens, including water byproducts, may not be discernable at the property line. Owners must dispose of all chicken waste, not used for fertilizer, properly. Disposal of chicken waste in the town’s trash system is strictly prohibited.
The Council debated the merits of notifying adjacent property owners when a chicken permit is requested, but as Burgess Barnes pointed out, "we don’t notify adjacent property owners now when someone applies for a building permit, or a permit to have a dog, so I don’t see a need to do it here. Doing so will put us on a slippery slope with regards to notifications on other types of permits."
In order to obtain a town permit, owners must first register their chickens with the State’s Domestic Poultry division. Following the state registration, a resident can then apply for a town permit.
Prior to issuing a permit, the property will be inspected by the town’s zoning enforcement officer to verify that the chicken coop and enclosure are compliant with all requirements.
Owners who violate any of the requirements within the new ordinance will be cited and fined, with fines increasing with each violation. An owner who is cited three times within a 12 month period will have their permit withdrawn and will be required to move their chickens outside of town limits.
If Avian Flu, a.k.a. ‘Bird Flu’, is detected in a flock, the flock will be destroyed. However, the ordinance is silent as to if ‘flock’ refers to only the chicken owned by a special individual, or all the chickens within town limits. In either case, the decision on the culling of a flock will be determined by the Maryland Department of Agriculture.
A public hearing will be held, on April 11, on the proposed chicken ordinance. Following public input, the Council will make the final decision to reject or adopt the ordinance. If adopted, chicken lovers can then begin the process of bringing their chickens home to roost.
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