Coping with Coops in the Neighborhood: How Chicken Conflicts are Being Addressed

1. Agricultural Law Resource and Reference Center Professor Ross H. Pifer Coping with Coops in the Neighborhood: How Chicken Conflicts are Being Addressed Land Use Planning Webinar Penn State Extension July 24, 2013

2. Agricultural Law Resource and Reference Center Professor Ross H. Pifer • Local food connection • Family activity • “Civil liberties, self-sufficiency, and tasty eggs” Urban Poultry Ordinances Why Desired?

3. Agricultural Law Resource and Reference Center Professor Ross H. Pifer • Noise • Odor • Attracting predators / vermin • Animal welfare • Disease • Decreasing property values Urban Poultry Ordinances Municipal Concerns

4. Agricultural Law Resource and Reference Center Professor Ross H. Pifer • Survey of 100 Most Populous U.S. Cities • 3 clearly ban backyard chickens. • 3 have interpreted ordinance as imposing ban. • 10 have restrictions that act as ban to most within the city. • 84 allow for the keeping of backyard chickens. • Jaime Bouvier, Illegal Fowl: A Survey of Municipal Laws Relating to Backyard Poultry and a Model Ordinance for Regulating City Chickens, 42 Environmental Law Reporter News and Analysis 10888 (Sept. 2012). Urban Poultry Ordinances National Perspective

5. Agricultural Law Resource and Reference Center Professor Ross H. Pifer • Animal Control Regulations (71) • Zoning Regulations (14) • Health Regulations (7) • Property Maintenance Regulations (2) Urban Poultry Ordinances Where Codified?

6. Agricultural Law Resource and Reference Center Professor Ross H. Pifer • Lot-size requirements • Zone limitations • Maximum number of animals • Roosters • Permit requirements • Enclosure requirements • Setbacks • Sanitation • Animal welfare • Slaughtering Urban Poultry Ordinances Common Provisions

7. Agricultural Law Resource and Reference Center Professor Ross H. Pifer • Some municipalities require a minimum lot size for residents to keep backyard poultry. • This minimum size can vary from as low as 240 square feet to as high as 10 acres. • Lot-size may also impact the number of animals that can be kept on a property. Urban Poultry Ordinances Lot-size Requirements

8. Agricultural Law Resource and Reference Center Professor Ross H. Pifer • Some municipalities limit backyard poultry to particular zones. • Agricultural zones • Low-density residential zones • A zone limitation can act as a de facto ban. Urban Poultry Ordinances Zone Limitations

9. Agricultural Law Resource and Reference Center Professor Ross H. Pifer • Different manners of addressing issue: • Uniform maximum number of fowl applicable to all properties – range from 2 to 50 • Sliding scale dependent upon property size • Maximum number dependent upon zoning classification • Chicks are sometimes addressed separately. • Because chickens are flock animals, a minimum number may be proscribed. • Chickens can be considered along with other animals in determining a maximum number. Urban Poultry Ordinances Maximum Number of Animals

10. Agricultural Law Resource and Reference Center Professor Ross H. Pifer • Most municipalities ban roosters. • Some allow roosters on large lots or on agriculturally zoned properties. • Noise ordinance may act as a ban on keeping roosters. • Conjugal visits are sometimes allowed. Urban Poultry Ordinances Roosters

11. Agricultural Law Resource and Reference Center Professor Ross H. Pifer • Some municipalities require a permit to keep any poultry; some require a permit only if a specified threshold number is exceeded. • The amount of the permit fee and the length of the permit vary considerably. • Annual renewal to indefinite application • Average annual fee is $25. Urban Poultry Ordinances Permit Requirements

12. Agricultural Law Resource and Reference Center Professor Ross H. Pifer • Neighbor consent is sometimes part of the permit process. • Sometimes neighbors are notified and have opportunity to comment before approval. • Some permit requirements are handled as a ministerial matter while others have a deliberative process. Urban Poultry Ordinances Permit Requirements

13. Agricultural Law Resource and Reference Center Professor Ross H. Pifer • Most ordinances require some type of enclosure. • A covered enclosure may be required. • Size (minimum or maximum) may be proscribed. • Size may be dependent on number of animals. • Potential construction standards: • Impervious flooring • Ventilation requirements • Protection from predators Urban Poultry Ordinances Coops and Enclosures

14. Agricultural Law Resource and Reference Center Professor Ross H. Pifer • Most ordinances impose some type of setback requirement for chickens and/or coops. • Types of requirements: • Setback from neighboring residence (50 feet average) • Setback from property line (range from 18 inches to 250 feet) • Setback from street • Poultry also may be barred from front yards. Urban Poultry Ordinances Setback Requirements

15. Agricultural Law Resource and Reference Center Professor Ross H. Pifer • Most ordinances impose some type of general requirement that coops must be maintained in sanitary condition. • Some ordinances require cleaning at specified intervals. • Other matters addressed: • Maintenance of feed supply • Minimizing attraction of flies and rodents • Manure disposal Urban Poultry Ordinances Sanitation Requirements

16. Agricultural Law Resource and Reference Center Professor Ross H. Pifer • Many ordinances mandate that chickens receive adequate food and water. • Some ordinances require protection from weather. • Some municipalities have expressed concern about dealing with chickens that are abandoned or not maintained in humane conditions. Urban Poultry Ordinances Animal Welfare

17. Agricultural Law Resource and Reference Center Professor Ross H. Pifer • Some ordinances ban outdoor slaughter of chickens while others completely ban slaughter. • Other ordinances impose various limitations upon slaughter such as: • Must be for personal consumption • Must have special license • Must be done in approved facility Urban Poultry Ordinances Slaughtering Limitations

18. The Agricultural Law Resource and Reference Center Professor Ross Pifer Phone: (814) 865-3723 Email: rpifer@psu.edu Web: www.law.psu.edu/aglaw Blog: www.pennstateaglaw.com Twitter: @PSUAgLawCenter