Tuesday, October 17, 2017

Local Ordinance Lesson: Farm Animals

Speedway has an ordinance that prohibits the keeping of farm animals. 

Specifically, Section 7.05.140 states, "It shall be unlawful for any person to own, keep, or harbor upon his premises within the town any cow, pig, bull, horse, chicken, rooster, or other domestic farm animal."

The Town has recently adopted a convoluted "Rube Goldberg" scheme whereby one who wants to keep an urban chicken flock can apply for some sort of a "waiver" from his neighbors. See Section 7.05.032. For what it's worth, I think that this is a terrible statute that gives my neighbors veto power over my property rights, and vice versa, but that is a post for another day.

However, my point in writing this is to point out that all of the ordinances and legislation in the world doesn't make a damn bit of difference if you haven't thought it through.

When 7.05.032 was being debated, I suggested that it was unnecessary and 7.05.140 should simply be reformed to exclude chickens. They could keep roosters in the statute; just eliminate chickens. Much cleaner. Much simpler. The town already has nuisance ordinances, so keeping chickens clean is neither here nor there.

Alas, my advice was ignored. I think that there are simply some people, either on our Town Council or otherwise, who just don't want people to have chickens in Speedway. My personal opinion is that this is rooted in the kind of thinking that gave us suburbia, McMansions, etc., i.e. outdated thinking. Urban chickens are a big thing these days and are a far cry from the fears some may have regarding an urban CAFO (confined animal feeding operation).

So, where does that leave us? I would suggest that, for those of you who want fresh eggs and can't get a waiver from your busybody neighbors, you get a duck or three. I note that the term "domestic farm animal" is not presently defined in the Speedway Code, and ducks are not specifically listed. Herego, you are entitled to house ducks on your property as long as you are not constituting a nuisance.

If you haven't had them, duck eggs are delicious.

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