Why Does 4 Chesapeake Hens Want Six Chicks?

Regular readers know that I belong to a group, 4 Chesapeake Hens, that advocates changes to the zoning laws in Chesapeake, VA. Current law allows chickens only on land zoned agricultural. There is one exception: owners of "residential estates" of 3 acres or more my have four hens kept in a pen.

Potential changes are before the Planning Commission right now. Unfortunately, the proposed changes are still unnecessarily restrictive and expensive. The Planning Department has proposed that hens be allowed upon all single-family residential lots, but only four hens, which must be kept confined to a pen, with easements for the coop, and with a six foot privacy fence around the back yard, to boot!

We are most upset about the privacy fence, but fellow chicken activist and political guru, Andrea Margrave, recently published this detailed account of why the four-hen limit is also a terrible expense. The laws Andrea refers to (about buying chicks in flocks of six) are at the municipal level in Chesapeake but are also reflective of Virginia state code:

Sigh. Just did the numbers on ordering juvenile birds as opposed to chicks. (from McMurray hatchery) Just 4 laying hens of a common breed (Rhode Island Reds) are 17.95 EACH, for a total of 71.80 for 4 hens. Then, add shipping of.... areyousittingdown.... $111.00, for a grand total of 182.80.

THIS is why we need the Planning Commission to change the number of hens from 4 to 6, so people can buy locally and LEGALLY from farm stores or order chicks from a hatchery in amounts larger than 4.

It is confusing, but the law states that you aren't allowed to buy or sell less than 6 chicks at a time, up to the age of 2 months. After 2 months you can buy any number the retailers will allow. Unfortunately, hatcheries don't sell 'juvenile birds' until they are at least 15 weeks old (old enough to be 'hardened off' from the cold, and just on the verge of starting to lay eggs).

I checked on a few others that weren't sold out, and Meyers was 136.80 for 4 juveniles including shipping. Cackle didn't even list juvies, only a few select grown birds, mostly rare birds like a single Lakenvelder for $75 (the cheapest!) or one Silkie for $125 shipped.

Compare the price of chicks, freshly hatched, or even fertilized eggs to incubate yourself. 6 RIR female chicks only cost 15.78, and the shipping is less than that at 14.70. 6-10 hatching eggs will run you anywhere from $30 to $45 shipped from McMurray, even less other places. Meyer will ship for free any number of eggs from a huge variety of breeds, with the exception of a 'small order' surcharge if you get 6 or less. So if you get RIR's they are $3.87 per egg plus the $7 surcharge. 6 chicks would set you back even less, but I couldn't see if shipping was included for the chicks or not.

My point is, it is REALLY OUTRAGEOUS the cost to ship mature birds compared to getting just 6 chicks locally (Southern States was GIVING them away with the purchase of a bag of feed this spring!). Neither SS nor St. Brides will sell you less than 6, because I asked. And with the new Tractor Supply opening up sometime in the coming year, we will have plenty of options to buy locally, if the City will allow it.... 

 **Update: On November 20, Chesapeake City Council voted 6-3 to allow hens with certain restriction in residential areas.

 

4 Chesapeake Hens at the Expo!

4 Chesapeake Hens will be at the Hampton Roads Sustainable Living Expo on Saturday, September 29, from 10 AM to 6 PM.  Mary Lou Burke and Wendy Camacho will be giving a presentation, "A Case for Chesapeake Hens: Chickens on the Road to Sustainability." The time will be from 2:00 to 2:30 PM on the "Sustainable Homes" stage.

Come find us at the Virginia Beach Convention Center! Watch our presentation! Come to our booth and visit a spell!

**Update: One of our fans will bring two of his "girls" to the Expo on Saturday! We were given permission to bring them as long as we kept them caged and kept them at our booth. Consider it done!

 Update: On November 20, Chesapeake City Council voted 6-3 to allow hens with certain restriction in residential areas.

4 Chesapeake Hens' Initial Response to Proposed Amendment to Chicken Ordinances

Our grassroots community group, 4 Chesapeake Hens, has been campaigning for more egalitarian ordinances concerning the keeping of laying hens in the city. The current laws state that one's property must be zoned agricultural to have chickens. The only exception is property is zoned "RE-1," a "residential estate" of three acres or more. Then owners can have up to four hens in a pen as family pets. Currently the matter is before the Planning Commission, which has researched a proposed ordinance. Members of our group are not satisfied with the proposed changes; we have published and distributed our own vision for the role of chickens in our community in a document called "A Case for Chesapeake Hens."

Andrea Margrave, our group's political leadership, sent Beverly Hanson, the Planning Department's Office Coordinator, the following message today. It outlines most of our objections:

Dear Ms. Hanson:

I was delighted to read tonight the release of the Planning Commission's draft of the new ordinance regarding backyard laying hens.  Our group has worked hard to get this process done in a professional and speedy manner, and the response from the City on all fronts has been astoundingly fast.  Thank you.

My concern this evening is twofold:  First, I question the inclusion of requiring a 6 foot privacy fence.  The ordinance already mandates an appropriate pen or enclosure for the hens, one which necessarily would include a top to prevent escape and to deter predators.  The reason for the fence requirement would surely not be for keeping the hens enclosed then.  Perhaps it was added to prevent visual contact with the hens?  I would venture to say that chickens are no more unsightly than a dog, cat, rabbit, or other family pet.  I sincerely question the validity of this addition and formally request its removal.

Now, my second concern has to do with a conflict I see arising between the limiting of hen ownership to only 4 per household and the City's own Code making it a Class 3 misdemeanor to purchase or sell less than 6 chicks at a time.  How are we to abide by this ordinance if it is self-defeating?  I would like to see it changed to reflect a more reasonable number of 6 - 10 in order to remain in compliance.  Link to the conflicting ordinance below:

http://library.municode.com/HTML/10529/level3/PTIICOOR_CH10AN_ARTIINGE.html#PTIICOOR_CH10AN_ARTIINGE_S10-13SACHDU

Thank you once again for your time and diligence in serving the citizenry of Chesapeake.

Sincerely,

Andrea Margrave
4 Chesapeake Hens

Well-written letter, Andrea! Let's hope your logic prevails in this matter.

Update: On November 20, Chesapeake City Council voted 6-3 to allow hens with certain restriction in residential areas. 

Updated News From the Chesapeake Planning Commission

I received an email today from Beverly R. Hanson, the Office Coordinator for the City of Chesapeake's Planning Department. This was in response to " A Case for Chesapeake Hens," which I had submitted on behalf of 4 Chesapeake Hens for the Planning Commission's review.

  

She thanked me for providing the document and promised to forward it to the Planning Commission in anticipation of its meeting on October 10, 2012. She also said a proposed ordinance will be available online at www.cityofchesapeake.net/planning within the next few days, and the staff recommendation will be available on or after October 5^th.

This is exciting news! Will the proposed ordinance be something our group can support? Will the staff recommendation side with the chickens? Stay tuned: we will find out in the days and weeks to come!

Update: I just found out that the Planning Commission meeting on October 10 is open to the public. So that will be a busy week 4 Chesapeake Hens. We will be going to Pat Foreman's book-signing and lecture at the Central Library on the 9th, and then to the Planning Commission meeting on the 10th. But the end is near, and we are hopeful that it will bode well for the chickens.

Update: The Planning Commission has published its proposed hen ordinance here.  4 Chesapeake Hens is gathering comments from our Facebook page and from a related group, "Backyard Chickens for Chesapeake." Public comments are allowed at Planning Commission meetings, so we plan to make our opinions known at the October 10 hearing. We will be at that meeting dressed in red. Those who wish to speak need to sign up before 7 PM. Previous meetings can be watched online to get an idea of how the meetings are run. The meetings can also be watched live online at home by those unable to attend.

 Update: On November 20, Chesapeake City Council voted 6-3 to allow hens with certain restriction in residential areas.

What's Up with Chickens in Richmond?

I contacted L M Cromwell through Backyardchickens.com for an update on the efforts in Richmond to get chickens legalized. I explained that 4 Chesapeake Hens is mounting a similar effort here in Chesapeake, VA. We would obviously be overjoyed if our state capitol liberalized its chicken-keeping laws. She said she hasn't heard anything since the mayor's office sent her the following update about a month ago. The next Council Meeting in Richmond is on September 24, and she's hoping the issue will be on the agenda, although there's no confirmation of that yet. Here's the update:

After the council requested that the administration survey the current ordinances and zoning laws relating to the raising of chickens in the City, a team of individuals representing the Food Policy Task Force, the Deputy Chief Administrative Officer for Human Services, Animal Control, Planning and Development, Zoning Enforcement, the City Attorney, the Chief Administrator’s Office, the Richmond City Health Department and the Police Department was identified to review current practices in other cities and counties and to make recommendations to Council for revisions to current ordinances.

Those individuals have held several meetings and have developed a set of recommendations that I believe will address all of your concerns.  While not revealing the exact recommendations, I can tell you that:

                The recommendation does include a limit on the number of chickens

                It does not allow for the raising of roosters in the  city

                Although it does call for a permitting fee, I do believe the recommended fee is reasonable

                There are recommendations for coop distance to property lines

                There are recommendations for coop size and we are considering some restrictions on the design

                There are recommendations on the slaughtering of chickens

The next step is to present the recommendations to council in September.  At some point after that, there will be time allotted for public comment.

***Update on 9/30/12 from the Facebook Group "CHICKUNZ"

"As long as we keep up the pressure, it looks like a paper will be introduced on Oct 22nd(based on the CAO recommendation which was requested last May and presented in Sept). Then it would go to subcommittee (in November) before going back to Council for a vote. As long as residents keep speaking at meetings during the citizen comment periods and contacting their reps that they want a change, it may happen before December. We are looking at 2 months from now if all goes well-which may seem like a long time to residents, but it's really "close" for our city govt. ALL the updates (hoops we've jumped through working directly with Richmond Council since last December) are on the fb page too" (source).

**Update on 10/14/12 We received a link to the CAO's reports on chickens in Richmond. The CAO is the "Chief Administrative Officer" who works for the Mayor and City council there. These reports back up much of what our group has been telling the Mayor and City Council of Chesapeake. 

 Update: On November 20, Chesapeake City Council voted 6-3 to allow hens with certain restriction in residential areas. Richmond is still a work in progress.

**Update: on December 13, I received a message from the Richmond group that the Virginia Capitol is close to allowing up to four hens in a coop in urban backyards with certain restrictions. There will be a public hearing on January 28, 2013, and the group is hopeful to have hens legal by this summer. Here is the proposed ordinance, which was introduced on November 26, 2012. The ordinance promposes a $60.00 fee to have the hens, which the group hopes the City Council will consider reducing.

**Update in April of 2013: Richmond got a "hen ordinance" passed that allows up to four hens, no roosters, with certain restrictions. There's a $60.00 annual fee for the permit (ouch!) 

A Case for Chesapeake Hens

Danielle Rawls just finished "A Case for Chesapeake Hens." I cannot wait to send it to the Planning Commission. I know I am biased, but I can't see how the Commission can NOT make a positive recommendation for us once they've read this beautiful and well-written document. Danielle, thank you for all the hard work you've put in on this project. Let's hope the pen conquers the nay-sayers!

**Update for Wednesday, October 10, 2012: The Planning Commission voted against changes to the law regarding laying hens? Why? We may never know! It was a split decision, but the Commissioners who voted against it will not give us specifics regarding their reasons. Click here for more details regarding this effort. There's even a link to watch a video of the meeting.

This matter comes back to City Council on November 20. Our group plans to be there!

**Update for Saturday, October 20: Our group has revised "A Case..." in response to input from the Staff Report and the Planning Department. Our newly-revised document is available publicly, and the old link no longer works.

 Update: On November 20, Chesapeake City Council voted 6-3 to allow hens with certain restriction in residential areas.

The Chicken Activist's Letter to Dr. Ella Ward

Our group, 4 Chesapeake Hens, is working to change zoning laws in Chesapeake, VA, to allow more residents to own pet laying hens. The current law only allows hens on land zoned agricultural or on residential estates of three acres or more. We have made some progress: City Council voted to send the issue to the Planning Commission, which will probably review it on October 10. On October 9, Patricia "Pat" Foreman, the author of City Chicks, will give a book-signing, reception, and lecture at the Chesapeake Central Library. If readers are interested in attending, please keep in mind that books and tickets must be purchased in advance of this event.

In the meantime, we are continuing with our program of "City Council Member of the Week." This week's council member has been Dr. Ella Ward. Here is my most recent letter, addressed to her:

Dear Dr. Ella Ward:

On behalf of "4 Chesapeake Hens," let me thank you for your vote to send the "hen issue" to the Planning Commission for a recommendation. Our group is confident that the Commission's diligent research will produce recommendations in favor of the hens.

We hope that you or a representative of yours will be able to make it to Patricia Foreman's talk about the benefits of chickens at the Central Library on Tuesday, October 9. Pat has degrees in city planning, animal science, genetics, and nutrition, so she knows whereof she speaks.

In the meantime, if you have any concerns or questions for us, feel free to let us know. We will make our best efforts to address them.

Sincerely,

Mary Lou Burke

 Update: On November 20, Chesapeake City Council voted 6-3 to allow hens with certain restriction in residential areas.