Chickens or Hens allowed in city

[SAJJU]

Dearborn, MI
We hatched some chicken eggs as a science project with our children 3months back in their vacation.Aftersometime came to know about city ordinance that chickens are considered fowl and cant be kept unless permit allowed by health officer. Nobody in health department or other department knew who gives the permit.Unless recently zoning officer mentioned that health department is the one , mention them the ordinance and quote it.The health officer thus asked me the written application for the permit to keep few chickens or hens in my backyard. Now after a week she told me that she needs respond from legal department and she doesnt get that.I think she is just playing games with me and she doesnt need any respond from legal deparmtent but doesnt want to issue permit b/c other people might ask for the prmit too ,once i am allowed to keep hens or chickens.
now my question is that am i allowed to kep hens in my bakcyard b/c i am told by someone that in Michigan "right to farm act "allows and protect people to practice farm operations." FARM PROCEDURES" ,farm and farm animals are not nusicance to public or private part if they are according to generally accepted agricultural and management and practices.
Last week animal control officer somehow knows about my chicks which are grown up now and almost full hens.and he has given me time till this week to remove my birds as THEY ARE CONSIDER FOWL,or he will come to remove them.I have removed my rooster as his crowing might be disturbing for someone,although it was not as loud as dogs and not at night time. But I still have hens and want to know WHAT I CAN DO TO KEEP MY HENS AS PETS AND they will also provide me with organic eggs and are useful for the family.Can someone help me? tell me if "right to farm act" can help me. or any othe way.What is the name of your state (only U.S. law)?What is the name of your state (only U.S. law)?

[Stevef]

Originally Posted by SAJJU

WHAT I CAN DO TO KEEP MY HENS AS PETS

You cannot keep hens as pets.

[SAJJU]

[url=http://www.michigan.gov/mda/0,1607,7-125-1567_1599_1605-13052--,00.html]MDA - Right To Farm Act[/url]

acording to this act,for which I have posted the url it says, “Farm” means the land, plants, ANIMALS, buildings, structures, including ponds used for agricultural .....(please note that farm ALSO means "its animals" , not only land .and also size of the land is also not emphasized ANYWHERE IN THE WHOLE ACT)
AND
“Farm operation” means the operation and management of a farm or a condition or activity.....
“Generally accepted agricultural and management practices” means those practices as defined by the Michigan commission of agriculture.
A farm or farm operation shall not be found to be a public or private nuisance if the farm or farm operation alleged to be a nuisance conforms to generally accepted agricultural and management practices according to policy determined by the Michigan commission of agriculture. Generally accepted agricultural and management practices shall be reviewed annually by the Michigan commission of agriculture and revised as considered necessary.
AND
In any nuisance action brought in which a farm or farm operation is alleged to be a nuisance, if the defendant farm or farm operation prevails, the farm or farm operation may recover from the plaintiff the actual amount of costs and expenses determined by the court to have been reasonably incurred by the farm or farm operation in connection with the defense of the action, together with reasonable and actual attorney fees.

Now I will repeat my question as the state law states that farm also means animals (that includes few hens) shall not be found to be a public or private nuisance if they are kept according to generally accepted agricultural and management practices .
also Keeping of few hens for production of eggs(for personal or may be selling purpose) is a farm operation.

One last excerpt from the act
"6) Beginning June 1, 2000, except as otherwise provided in this section, it is the express legislative intent that this act preempt any local ordinance, regulation, or resolution that purports to extend or revise in any manner the provisions of this act or generally accepted agricultural and management practices developed under this act. Except as otherwise provided in this section, a local unit of government shall not enact, maintain, or enforce an ordinance, regulation, or resolution that conflicts in any manner with this act or generally accepted agricultural and management practices developed under this act."

[Zigner]

Originally Posted by SAJJU

[url=http://www.michigan.gov/mda/0,1607,7-125-1567_1599_1605-13052--,00.html]MDA - Right To Farm Act[/url]

acording to this act,for which I have posted the url it says, “Farm” means the land, plants, ANIMALS, buildings, structures, including ponds used for agricultural .....(please note that farm ALSO means "its animals" , not only land .and also size of the land is also not emphasized ANYWHERE IN THE WHOLE ACT)
AND
“Farm operation” means the operation and management of a farm or a condition or activity.....
“Generally accepted agricultural and management practices” means those practices as defined by the Michigan commission of agriculture.
A farm or farm operation shall not be found to be a public or private nuisance if the farm or farm operation alleged to be a nuisance conforms to generally accepted agricultural and management practices according to policy determined by the Michigan commission of agriculture. Generally accepted agricultural and management practices shall be reviewed annually by the Michigan commission of agriculture and revised as considered necessary.
AND
In any nuisance action brought in which a farm or farm operation is alleged to be a nuisance, if the defendant farm or farm operation prevails, the farm or farm operation may recover from the plaintiff the actual amount of costs and expenses determined by the court to have been reasonably incurred by the farm or farm operation in connection with the defense of the action, together with reasonable and actual attorney fees.

Now I will repeat my question as the state law states that farm also means animals (that includes few hens) shall not be found to be a public or private nuisance if they are kept according to generally accepted agricultural and management practices .
also Keeping of few hens for production of eggs(for personal or may be selling purpose) is a farm operation.

One last excerpt from the act
"6) Beginning June 1, 2000, except as otherwise provided in this section, it is the express legislative intent that this act preempt any local ordinance, regulation, or resolution that purports to extend or revise in any manner the provisions of this act or generally accepted agricultural and management practices developed under this act. Except as otherwise provided in this section, a local unit of government shall not enact, maintain, or enforce an ordinance, regulation, or resolution that conflicts in any manner with this act or generally accepted agricultural and management practices developed under this act."

But you don't want them as farm animals - you want them as pets.

[Stevef]

Originally Posted by SAJJU

Keeping of few hens for production of eggs(for personal or may be selling purpose) is a farm operation.

I don't see personal use included in the definition.

286.472 Definitions.

Sec. 2.

As used in this act:

(b) “Farm operation” means the operation and management of a farm or a condition or activity that occurs at any time as necessary on a farm in connection with the commercial production, harvesting, and storage of farm products, and includes, but is not limited to:

(i) Marketing produce at roadside stands or farm markets.

(ii) The generation of noise, odors, dust, fumes, and other associated conditions.

(iii) The operation of machinery and equipment necessary for a farm including, but not limited to, irrigation and drainage systems and pumps and on-farm grain dryers, and the movement of vehicles, machinery, equipment, and farm products and associated inputs necessary for farm operations on the roadway as authorized by the Michigan vehicle code, Act No. 300 of the Public Acts of 1949, being sections 257.1 to 257.923 of the Michigan Compiled Laws.

(iv) Field preparation and ground and aerial seeding and spraying.

(v) The application of chemical fertilizers or organic materials, conditioners, liming materials, or pesticides.

(vi) Use of alternative pest management techniques.

(vii) The fencing, feeding, watering, sheltering, transportation, treatment, use, handling and care of farm animals.

(viii) The management, storage, transport, utilization, and application of farm by-products, including manure or agricultural wastes.

(ix) The conversion from a farm operation activity to other farm operation activities.

(x) The employment and use of labor.

[Stevef]

Michigan Commission of Agriculture

Generally Accepted Agricultural and Management Practices for Site Selection and Odor Control for New and Expanding Livestock Production Facilities

Category 3 Sites: Sites generally not appropriate for new and expanding livestock
production facilities.

3. Residential zones - Areas zoned primarily for residential use will generally
have housing at a density that necessitates setback distances for livestock
production facilities to prevent conflicts. New livestock production facilities
shall not be constructed within 1,500 feet of areas zoned for residential use
where agriculture uses are excluded. Existing livestock production facilities
may be expanded within 1,500 feet of areas zoned for residential use with
approval from the local unit of government.

[Zigner]

Ahhh, you had to go and post the ENTIRE definition and not just the part which suited the OP's needs. Spoilsport!

Originally Posted by Stevef

I don't see personal use included in the definition.

286.472 Definitions.

Sec. 2.

As used in this act:

(b) “Farm operation” means the operation and management of a farm or a condition or activity that occurs at any time as necessary on a farm in connection with the commercial production, harvesting, and storage of farm products, and includes, but is not limited to:

(i) Marketing produce at roadside stands or farm markets.

(ii) The generation of noise, odors, dust, fumes, and other associated conditions.

(iii) The operation of machinery and equipment necessary for a farm including, but not limited to, irrigation and drainage systems and pumps and on-farm grain dryers, and the movement of vehicles, machinery, equipment, and farm products and associated inputs necessary for farm operations on the roadway as authorized by the Michigan vehicle code, Act No. 300 of the Public Acts of 1949, being sections 257.1 to 257.923 of the Michigan Compiled Laws.

(iv) Field preparation and ground and aerial seeding and spraying.

(v) The application of chemical fertilizers or organic materials, conditioners, liming materials, or pesticides.

(vi) Use of alternative pest management techniques.

(vii) The fencing, feeding, watering, sheltering, transportation, treatment, use, handling and care of farm animals.

(viii) The management, storage, transport, utilization, and application of farm by-products, including manure or agricultural wastes.

(ix) The conversion from a farm operation activity to other farm operation activities.

(x) The employment and use of labor.

[SAJJU]

• regarding commercial use-i want to ask ,is it necessary to have a BIG production.Is selling to neighbours and friends,not counted as small commercial scale?
  
• And what if I want to keep them as farm animals instead of saying as pets?
  
• Also many neighbouring cities like Detroit,Canton,Livonia,Mevindale,Ann Arbor do allow to keep chickens/hens with or without certain restrictions.

I think when there is something new or not a norm ,looks different to people.But they are not a nuisance by any defnition if kept properly.As all animals need proper take care and regular cleaning. Sometimes cats and dogs are big time nuisance because of their permanent barking or the owner doesnt keep the house clean or keep HUUUUUUUUUUGE unlimited number of them in house.
Please guide me how to keep hens.I know there should be a way to keep them somehow.My children are attached to them.We hatched them ,made their videos when hatching,loved them and raised them.They are 7 in number(standard hens) +2 of them are bantam breeds which are exotic breed and purely for show.
They are in neat and clean portable penn in garage.Couple of myneighbours mentioned that they are surprised to see that these hens have no odor in garage and their cats and dogs have much strong smell/odor than these hens.

[Zigner]

Originally Posted by SAJJU

• regarding commercial use-i want to ask ,is it necessary to have a BIG production.Is selling to neighbours and friends,not counted as small commercial scale?

• Not really...
  
  

  And what if I want to keep them as farm animals instead of saying as pets?

  They're not (by definition)
  
  

  Also many neighbouring cities like Detroit,Canton,Livonia,Mevindale,Ann Arbor do allow to keep chickens/hens with or without certain restrictions.

Move to Detroit, Canton, Livonia, Mevindale, Ann Arbor

...My children are attached to them.We hatched them...

And now kids get to learn a lesson in civic responsibility. What lesson will you teach them?

[Stevef]

The "Right to Farm Act" won't help you. Even if you try a limited commercial venture, you'll fail on the site selection part.

It looks like you need to go back to the health department and try to get that permit.

CODE OF ORDINANCES
City of DEARBORN, MICHIGAN
Chapter 4 ANIMALS

ARTICLE I. IN GENERAL

Sec. 4-1. Keeping of animals--Permit required.
It shall be unlawful for any person to keep or allow to be kept within the city any cows, horses, pigs, goats, pigeons or fowl, or any other domestic animals or insects, except birds, dogs, cats or other harmless domestic pets, without first obtaining a permit therefor from the health officer. On the granting of this permit, the fowl or animals in question must not be allowed to run at large or create any condition, affect the conduct or disturb in any way any neighbor or human being, cause any nuisance as herein declared, or cause any condition that might be unwholesome or in any way affect the health, happiness and well-being of the surrounding neighborhood. The health officer shall have the power to suspend the above mentioned permit when a nuisance is being or has been thereby created, and to cause any such nuisance to be abated.
(Ord. No. 81-69, § 2.3, 11-4-81)

Sec. 4-2. Same--Sanitary conditions.
It shall be unlawful for any person to cause, create, continue or maintain, or aid in causing, creating, continuing or maintaining any nuisance within the city due to the ownership, harboring or keeping of animals. All manure shall be removed, stored and disposed of expediently and in such manner so as to prevent the breeding or harboring of insects, vermin or rodents. No structure constructed for the purpose of harboring animal or fowl, shall be erected within 25 feet of any dwelling, nor shall such a structure be erected without prior approval of the zoning board of appeals, and compliance with all relevant ordinances.
(Ord. No. 90-489, 5-1-90)

[chickenboy]

I would suggest changing the city ordinance to allow chickens. Here in Royal Oak, chickens are allowed. They just need to stay on your property and area be clean. We have 7 hens and 1 rooster. 696/ main street area

[Zigner]

Originally Posted by chickenboy

I would suggest changing the city ordinance to allow chickens. Here in Royal Oak, chickens are allowed. They just need to stay on your property and area be clean. We have 7 hens and 1 rooster. 696/ main street area

I'm sure Dearborn will be happy to change the ordinances just because this guy wanted chickens a few months ago.

[SAJJU]

Originally Posted by chickenboy

I would suggest changing the city ordinance to allow chickens. Here in Royal Oak, chickens are allowed. They just need to stay on your property and area be clean. We have 7 hens and 1 rooster. 696/ main street area

thanks ,chicken boy.and more thanks for the information about Royal Oak.I was not aware about that.I am very hopeful about my quest for chicken.Several city officials have clearly given me hope for my permit application..
I am also working on preparing the list of cities which allows chickens/hens.Addition of Royal Oak is great.
Also Lansing-our capitol and sixth alrgest city of MI also allow 5 chickens per household now
And my case is special b/c of certain reasons,I cant go in detail right now.They have to consider it.Couple of people in city are helping me as they believe it is a nation wide movement.
Have a great day for making my day.