The maricopa county Island has forced me to give up all my birds. They say poultry of any kind are farm animals and since I don't fall under the laws of Mesa or Apache Junction I can't have farm animals since I'm not a commercial farm.
There is no law against it, there just isn't a law that says I CAN have pet chickens in a non commercial setting. Who should I contact to get that gross misinterpretation of the law changed? It is like saying there is no law saying I CAN have a garden, so it must be illegal for me to have one.
I gave up 5 chickens and 2 ducks and I miss them so much. Can anyone help? I'm starting a letter writing campaign. Will that do anything at all?
Replies
I read this post with great interest as I too live in a county island. Just a couple of thoughts came to mind. One remark was that the code doesn't say you can or can not have the hens. That leads me to think that it is the county's problem to prove that you can not. Might be a big can of worms though. Secondly, the county enforcer now has the authority to tell you what you may or may not have? When did they get that authority (or expertise)? I thought all they could due is enforce the zoning codes. Silly me. Again, probably a huge can of worms to be opening. I think you hit it on the head when you alluded to it being a money grab.
Please keep updating should you choose to challenge this. I believe you to be correct in this.
I'll be going back to my box now. :)
You will be dealing with Maricopa Planning and Zoning. Call them first. Code enforcement does nothing to write/change code, only enforcement, so talking to those people is a waste of breath. This goes without saying, but I'll restate it anyway: Be very polite and firm, calling them and getting angry does nothing to help you... I would put out feelers for others living on the county island, even if they don't have livestock, they can still call and suggest that this is an important step forward for local, healthy, safe food production. One thing that I learned recently is that a lot of cities (I would guess counties as well) go through their code and revise entire sections at a time, they don't want to mess with a line here and there. So it may be even more difficult if it's not time for that section to be reviewed. Go to meetings, face time, voice time and email time are important in that order.
Just FYI, I ran into this "no law against it" issue when I was researching other city codes, it's not unheard of, the guy gave me an example that was something like it doesn't say you can't launch rockets from your backyard but that doesn't mean you can.
I hope this helps a little, I'm sorry you are having a hard time.
My name is Renea L. Spidell. I am writing to request that you legalize small numbers of hens (not roosters) in residential zones in the Maricopa County Island. In this letter, I will describe the benefits of chickens in the city. I will provide examples of backyard chicken laws from other U.S. cities.
Three things a dog can't do for a low income urban family:
1. Hens provide eggs that supplement the diets of low income families.
2. Hens eat waste products like bugs, weeds, and kitchen scraps, changing trash into food.
3. Chicken droppings provide valuable, odorless fertilizer that is high in nitrogen, preventing the need for petroleum-based commercial fertilizer.
Other poultry: Ducks and quail are a growing favorite with back yard breeders. They can be raised for meat or eggs or both. Many quail owners never buy meat from the store, a flock of 40 small birds raised in a shed being totally sufficient for the needs of their families.
Eggs: In general, the smaller, quieter breeds of chickens and ducks are capable of producing more eggs. The small (3.5-5 lb) Khaki Campbell duck can lay 340 eggs per year, compared to the best layer of the (8-10 lb) heavy duck breeds, the Silver Appleyard, which can only produce up to 270 eggs per year. A Japanese quail can lay 240-300 eggs per year.
Noise: A noise concern is a valid worry for noisier fowl like roosters, peafowl, or guineas. Hens, however, are among the quietest of poultry species. They do cluck - for example, to brag about an egg they just laid - but if they are outdoors, they cannot be heard inside nearby buildings. Any noises a domestic bird might make are not as loud as a dog barking.
Other Cities' Policies
Every incorporated area surrounding the Maricopa County Island area between Apache Junction and Mesa allows pet poultry ownership, including Phoenix, Maricopa, and Gilbert. In fact, the County Island is the only area that does not allow residential poultry.
Mesa: 5 hens can be kept on any lot as long as the coop is 45 feet away from the neighbor's house.
Phoenix: Similar to Mesa. Law also requires coop be cleaned once every week.
Chicago: An unlimited number of chickens may be kept for pets or eggs. Slaughter is not permitted and the chickens must be penned.
San Francisco: You may keep any combination of 4 small animals on your lot without permission.
Thank you for your consideration of this issue. I would be incredibly happy if I were able bring my 4 pet hens back home. I live on a residential lot on Baywood Ave with a fenced in yard. Some of my neighbors currently keep chickens. They are not aware the law forbids this action. I feel that making County Island statutes more consistent with the cities around them is appropriate for allowing chickens within residential zones. Please let me know how I might be able to be of help in your investigation of this matter.
Thanks,
R. L. Spidell
Please inform me of how I may move forward in order to change this law for the good of all the citizens trying to raise their own food in light of economic hardship. Don't continue to allow feeding ourselves to be a crime.
In Summary:
Chickens have existed in cities since the dawn of time, and they still exist all over the world. Benefits to raising hens in the Maricopa County Island include:
1. Fresh, healthy, delicious eggs, free of pesticides and antibiotics.
2. Chickens eat table scrapes, turning municipal organic waste into food.
3. Chickens produce a rich fertilizer by-product, high in nitrogen, eliminating the need for petrochemical fertilizers. They enrich our gardens and increase home food production.
4. Educational - teaches children where our food comes from and demonstrates responsible pet ownership.
5. Great pets - Chickens are intelligent and people-friendly.
6. Chickens eat bugs, reducing our backyard pest population.
7. Chickens eat weeds and cut grass, reducing green waste.
As a citizen of the Maricopa County Island, I urge County Council, to update the Statutes and Zoning Code in order to permit the responsible raising of small numbers of backyard poultry.
Ms. Spidell,
Terri Hogan asked me to respond to your suggestion that we amend the ordinance to allow a small number of hens in residential zoning districts. First, I need to ask if there was a specific problem that you are trying to address, such as a zoning violation, or are you looking for this to be addressed in general?
Regardless, this type of change would require a Text Amendment to the Maricopa County Zoning Ordinance, which is generally very time consuming considering the stakeholders that are typically involved. Given our current staffing levels, we would not likely initiate this Text Amendment at a staff level unless directed to do so by one of the County Supervisors, but you could file for a Text Amendment, in which case you would pay the appropriate fees and suggest language for consideration. The application packet for Text Amendments can be found at http://www.maricopa.gov/planning/PlanningServices/Other/TextAmendme... .
Hope this is helpful.
Robert H. Kuhfuss, AICP
Mr Kuhfuss,
Thank you for your reply. It was helpful. However, in this case, a text amendment requires that there be text to amend.
There is no statute that actually states hens are illegal in residential areas of the Maricopa County Island. However, I was cited as being in violation of zoning laws. On that citation was the zoning statute referring to only being able to run commercial livestock operations if my property was listed as a farm. The only other place that mentions poultry in the statutes refers to meat production. I am a vegetarian.
I was not selling eggs or chickens, they were pets. Della Davis, 602-723-5439 explained that in her opinion, because there wasn't a law saying I can have pet birds, it must be against the law. I need not expound upon the faulty logic residing within such arguments. I believe the situation is merely a misunderstanding. Why would pet hens be legal in Mesa, Phoenix, Gilbert, Apache Junction, Maricopa, Fountain Hills, Scottsdale, and more but not in unincorporated county islands?
How can I file for an amendment upon text that doesn't exist? Can I get a second opinion on that non-existent zoning statute I 'violated'?
I am sorry, I just want my birds back. I really miss my four little girls. Any information you could give me as to who to contact and how would be appreciated. All of my fellow chicken owners in this area are shocked that I have lost my hens and wondering if they will be caught next.
R. Spidell
Rachel, good point on copying language word-for-word - the officializeee wording is 'term of art' specific and those words and phrases are what officials look for.
FYI, I also shared with my neighbors as Bethany pointed - even asked before I brought the animals on the property and they loved them almost as much as I did, but the person who complained (my neighbors were so angry with him) was one of those bitter people who lived blocks away, looking for things to complain about.
In this case, it was a complaint that started it. The abandoned house is trying to get sold and the bank complained because they felt that my animals might make it difficult to sell the house.
"Ms. Spidell,
If you were to file for a Text Amendment, you would be amending the text of the Maricopa County Zoning Ordinance such to include the keeping of hens as a by-right use.
Please realize that it is not my place to argue whether or not you are in violation of the Zoning Ordinance. If you feel that you are not in violation, you may exercise your right to carry the matter forward to the Zoning Hearing Officer. Della can assist you in that regard.
I’ve cc’d Della on this email in addition to Charles Hart, who is the Code Enforcement Manager, and Darren Gerard who is our Deputy Planning Director. I’ve also cc’d Terri Hogan who directed me to contact you yesterday.
Robert H. Kuhfuss, AICP"
Keep in mind that the pre-application meeting costs $100 just to talk to somebody to tell them I am thinking of filing. No garantee that the money is well spent, either. This meeting is required before any text amendment can get filed. I DO NOT have the cash to throw at this situation. I think these rules are set just to prevent the poor from sticking up for themselves.
Sir: you have a number of options. Many other jurisdictions specifically list what animals may be kept in residential zoning. The county’s zoning ordinance does not. The Board of Adjustment made an official interpretation several years ago that the keeping of farm animals is customarily incidental as an accessory use to a residence in the Rural zoning districts without limitation, but that the keeping of farm animals is not permitted in the Residential zoning districts.. Farms animals is undefined and up to the discretion of the Zoning Administrator. They include cows, sheep, goats, chickens, etc. Domestic animals as pets are permitted in all zones. The term is undefined and up to the discretion of the Zoning Administrator. They include dogs, cats, etc. Horses are permitted in all Rural and Residential zones but the latter subject to conditions. This is our consistent policy. Staff is amiable to a text amendment, but it will likely have to be applicant driven. The text amendment would insert language into the Residential zoning districts’ use regulations regarding the keeping of animals. No language currently exists. Another option is to appeal staff’s interpretation of the ordinance to the Board of Adjustment, but recognize they made an official interpretation within recent memory and I don’t expect them to vote any differently. Their interpretation of the ordinance does not mean that staff wouldn’t support amendment the ordinance language. Darren
Darren V. Gérard, AICP, Deputy Director
So what is next? Any suggestions?
Any update?
Sending positive thoughts!!!!!
However, I did find out who complained. I have replaced my noisier animals with "stealth" breeds. Japanese quail lay eggs and make almost no noise. In my neighborhood I think it is unlikely that any further action will be taken against me and my animals. I think it is very unlikely that anyone even knows I have animals at all. Victory, and fresh eggs, are mine.
I am very happy with my new egg laying quail hens, even though those hens are tiny they make a delicious breakfast and I've yet to hear more than a peep out of the girls. The boy makes a dove like call that is indistinguishable from local wild birds.
The county enforcer, Dee, said I could have the quail without any argument, so things are fine. I have my eggs and my bin of bird chow. All is right.
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