Backyard Hens vs. the State Depredation Law

4 Chesapeake Hens and other regional chicken groups are calling for action on the state level to change the  state depredation law. The reasons will be clear when you read below. Click this link to find the name of your state delegate or senator.

Dear (State Senator and/or Delegate):

I am contacting you because I support backyard hens in residential areas of Virginia. Please amend Virginia Code 3.2-6552 to exclude residential areas. The code was written to protect farmers and their livestock, but it is written in a way that is causing concern among Animal Control Officers in my own community and elsewhere. It is also preventing communities like nearby Virginia Beach from changing their laws to allow residential hens. As the state law is currently written, it is the "duty of" an Animal Control Officer who witnesses a dog killing a chicken to kill the dog immediately. Also, property owners or other witnesses who see a dog killing chickens also have the right to kill the dog. While this law makes sense in areas zoned agricultural, it makes little sense in residential areas where the use of firearms is prohibited. The state law also conflicts with animal cruelty laws. The law has become outdated; many urban areas, including Chesapeake, Portsmouth, Norfolk, Richmond, and many others, allow backyard hens.

Delegate DeSteph is the delegate who is most familiar with this issue. Please, act immediately to change this outdated ordinance in a way that protects the interests of our farmers while protecting dogs and their owners in residential areas. By doing this, you will open the door to allowing backyard hens in residential areas of Virginia Beach and elsewhere in the Commonwealth.

**Update on 1/15/14: Here is a response I just received from our district's state senator. Unfortunately, we do not have a delegate at the moment because of recent elections (ours got elected for another office and the spot has not yet been filled).

Dear Mrs. Burke,

Thank you for contacting me to express support for legislation that would allow backyard hens in residential areas.  Your feedback is greatly appreciated. If presented with the opportunity to vote on amendments to Virginia Code 3.2-6552 during the 2014 General Assembly, I will most certainly keep your views and recommendations in mind.

Again, thank you for your correspondence. For additional legislative information or to follow the progress of legislation, you may visit the Virginia General Assembly website at http://virginiageneralassembly.gov. If I can be of further assistance, please do not hesitate to contact me.

Sincerely,

Kenneth Cooper Alexander

Member, Senate of Virginia

Update: in February of 2014, both the Virginia House and Senate voted to give ACOs the option to seize the dog instead of killing it.

Athena the Hen Visits the Vet

When you have backyard hens, one of the things you need to decide is to what extent these animals are for  food, and to what extent they are pets.

If you have hens mainly for the meat or even the eggs, then you will by necessity take a rather hard-nosed attitude towards birds that are aging, injured or sick. You will treat what you can with the help of extension agents or possibly veterinary diagnostic laboratories. You will want to treat birds as inexpensively as possible and will plan to cull (kill) birds that are old or otherwise beyond home treatment. If a bird dies suddenly, you might even perform your own necropsy. If the bird is healthy at the time she is culled, you will probably eat her. Hens that are past their prime as layers often make great soup, or so I'm told.  But truly sick birds need to be humanely culled and disposed of quickly and in a way that will minimize not only suffering but potential transmission of disease to the rest of the flock or to other animals.

If, like Don and I, you keep backyard hens  for not only eggs, but fertilizer for the compost pile, help with gardening tasks, and hours of entertainment, you may decide, like we did, that the hens are more pets than livestock. Ours have not only names, but personalities, too. We aren't competent enough to doctor them ourselves, so if our hens are sick, we plan to take them to a veterinarian.

 Athena, our Delaware, developed chronic loose stools ever since she molted back in late October or early November. I also feared she might be losing weight. My husband and I both thought she'd seemed lighter than last summer, and I noticed her breastbone stuck out more prominently than our other hens'. Because they are prey animals, chickens, like other birds, tend to hide signs of illness instinctively as a way of discouraging potential attacks by predators. By the time they actually show obvious signs of illness, they are usually extremely sick.

We decided not to risk this with Athena. Luckily, we have a great veterinarian  in Dr. Tony Poutous of Midway Veterinary Hospital  in Chesapeake, Virginia. He treats exotic animals including various types of birds and even chickens. When we brought our first three chickens home back in February, we made an appointment with Dr. Poutous for an initial exam and health check, so I knew he could tell us if she had lost weight since then.

The staff at Midway Veterinary Hospital in Chesapeake is ready to check us in

My husband, Don, waits with our hen (in a pet carrier) for our turn in the examining room

Even though Athena grew up on a farm, she is, like most chickens, an extremely good patient. It is particularly easy to get a stool sample from chickens, for example, because they poop a lot. Besides weighing her and taking a stool sample, Dr. Poutous gave her a careful physical exam. He did note that her stools were loose, although not alarmingly so.

Dr. Poutous' assistant takes down details for Athena's records before she weighs her.

Athena seems to like the scale and spent quite a bit of time there after being weighed.

Dr. Poutous arrives with a smile.

The doctor gets to work examining the patient; Don looks on.

Athena's loose stools were easy to observe (on the scale and on the examining room floor)

Much to our relief, Athena had actually gained a little weight since last spring, about 1/4 pound. Dr. Poutous still feels she's a little underweight, and he suspects she may have gained over the summer and then started losing weight again, since our impression was that she was heavier last summer. Her overall health and respiration seemed good upon examination. There were no parasite problems from the stool sample.

But she did have signs of a slight bacterial infection with clostridium. Dr. Poutous said that these bacteria are plentiful in soil. Since chickens live low to the ground and scratch in soil a lot, they tend to get exposed to it. He said it usually doesn't cause problems in them unless their immune systems are weakened or they suffer from stress. We had mentioned that Athena seemed to have a hard molt and that she'd been working harder than usual to maintain her status at the top of the pecking order in our flock. He suspects that these might be the kinds of stresses that could have allowed the bacteria to multiply to the point that they are giving Athena trouble.

Unlike other family pets, chickens produce food (eggs) and are potentially food (meat). Because of this, a veterinarian needs to be mindful of laws regarding use of medications in chickens. Luckily, Dr. Poutous knows his stuff. He said Athena needed an antibiotic, and he prescribed one (Metronidazole) that is safe and legal for use in chickens. He also gave us a withdrawal (discard) time of one month for Athena's eggs. This means nobody is allowed to eat her eggs for a month after she finishes her antibiotics, just to be on the safe side.

This is not a problem, because none of our girls is laying right now. They are heritage breeds, we do not supplement their light in the winter, and so they are taking a natural and much-needed break from laying. By the time they resume in the spring, we are hoping Athena's bout of poor health will be far behind her. Besides, we suspect Athena does not lay, anyway.

 By the way, according to Chicken Health for Dummies, "extra-label drug use in food-producing animals by anyone other than a licensed veterinarian is illegal. Some drugs are completely prohibited for food-producing animals--even veterinarians can't prescribe them for chickens. Examples of drugs on the no-no list are popular dog and cat antibiotics enrofloxacin (Baytril) and cephalexin (Keflex)." This is under U.S. Food and Drug Administration (FDA) rules.

Dr. Poutous had already warned us never to use Baytril in chickens, and I assured him that I would never give our hens an antibiotic without checking with him first. It really helps to have a diagnosis rather than playing guessing games with drugs and antibiotics, which can do more harm than good if misused.

So we feel his services are worth the money.

Sometimes friends or neighbors want to buy our eggs. I just laugh when they ask. The way we treat our hens, there's no point in charging for the eggs. We give eggs away or freeze them when we have extra. Competent veterinary care like what Athena gets from Dr. Poutous is not inexpensive. The examination, fecal analysis, and medication cost $129.00. He also wants a call if Athena does not improve, or if the loose stools come back.

Will do! We enjoy our birds and want to do right by them.

Update on 1/12/14: Athena seems back to her normal self, bossing the other hens around. Her stools are much better, so we are hoping she is cured for the long run. Thanks, Dr. Poutous!

Dog vs. Hens Again?

I started a group, 4 Chesapeake Hens, that successfully lobbied City Council to allow up to six hens on all single-family residential lots with certain restrictions. But Council passed the ordinance with a sunset clause. This means that Council must vote by December 20, 2013, to continue the law, or our rights to keep the hens will lapse. On Tuesday, November 19, Council held a work session regarding the hen ordinance. They met with the Zoning Administrator, the Head of the Department of Development and Permits, and the Chief of Police. The meeting is summarized in a previous post. Here are my comments emailed to City Council regarding Councilman Rick West's raising of the issue of the state depredation law, which states that animal control officers must kill dogs caught in the act of killing chickens.

Dear City Council Members:

I  write to express the dismay I felt when the subject of the state depredation law was raised at Tuesday's City Council work session. Nothing about this law should seem new or surprising. The law was raised in the Staff Report provided to City Council prior to its vote on November 20. The concern was also rebutted by our group, 4 Chesapeake Hens, in a report entitled, "Further Information Regarding Chesapeake's Staff Report,"  provided prior to the vote. This report may be viewed at https://docs.google.com/document/d/14nq03jzBkl762nI5u2RA_PnMae5hpSe30e6HgWl4nos/edit.

Please be reminded that loose dogs are illegal in residential areas for a reason. The owners are responsible for keeping them leashed or on the owners' property, just as it is the chicken owners' responsibility to keep their birds on their property and in a secure enclosure.

Please note that this state law has not prevented cities around Virginia, such as Richmond, Norfolk, Hampton, Portsmouth, and Fredericksburg, from legalizing backyard hens. Nor has there been, to our knowledge, a single instance of a dog being summarily killed for chicken predation in a residential area anywhere in Virginia or anywhere in the United States where there are similar laws. Perhaps this is due to the fact that the discharge of firearms is illegal in residential areas, perhaps due to the use of fences and leash laws, or perhaps due to common sense on the part of animal control officers and people in general.

It disturbs me that Councilman West mentioned this point after a conversation with a councilman from a neighboring community. A grass-roots group, "4 Virginia Beach Hens," has found the state depredation law a major stumbling block in getting the ordinances changed in its community. The Virginia Beach group feels that raising the depredation law is a form of emotionalism and an excuse. It has asked its own Council why this law is such a concern in Virginia Beach when it has not stopped changes in ordinances elsewhere.

Furthermore, the Virginia Beach and Norfolk groups have  brought to our attention that a Virginia Beach City Council Member, James L. Wood, has allegedly been contacting City Council members in Norfolk and possibly other communities, raising the hue and cry about this depredation law. We are not sure of his reasons for doing this, but I can assure you that, if this is true, residents of these communities resent Councilman Wood's efforts to interfere with our rights and to meddle in our local affairs. Councilman Wood neither lives nor votes nor pays taxes in Chesapeake; we residents do! Let's hope that, if his alleged efforts have reached Chesapeake, our Council Members see his machinations in this light.

Finally, the depredation law has become a concern because it is out of date. It was developed to protect farmers in agricultural areas. But it has not kept up with the modern sustainability movement, where gardening and backyard hens have become highly welcome and desirable in residential areas. It is my understanding that cities have a process where they can ask the State Legislature to modernize outdated ordinances. We also realize that citizens have the power to contact our delegates directly and ask for changes in the state law. It is our understanding that "4 Virginia Beach Hens" plans to take this concern to the state level in January or February, and our group has pledged to help. If the depredation law as it currently stands is an issue, which we doubt, we invite Chesapeake to address this concern to the state rather than undo the progress we have made. There must be a way to adjust the law's wording in a way that protects farmers' livelihoods while allowing backyard flock-keepers their property rights.

Sincerely,

Mary Lou Burke

Update: On November 26, 2013, Chesapeake City Council voted to make the "hen ordinance" permanent. The meeting may be viewed online:  fast forward to 1:19 to see some great pro-chicken speeches and the City Council's reaction.

Update: Both the Virginia House and Senate voted to modify the state law to give animal control officers the option to seize a dog caught in the act of preying on poultry. The previous mandated been to kill it outright. Votes occurred in February of 2014.

City Council Work Session and the Hen Ordinance

I started a group, 4 Chesapeake Hens, that successfully lobbied City Council to allow up to six hens on all single-family residential lots with certain restrictions. But Council passed the ordinance with a sunset clause. This means that Council must vote by December 20, 2013, to continue the law, or our rights to keep the hens will lapse.

Tonight Chesapeake City Council had a work session, and part of that work session pertained to the hen ordinance. Video of the work session is available online, and the discussion of hens starts at about 57 minutes into the meeting.To summarize:

John King, the Zoning Administrator, said that during the past year his office has received 19 general calls in opposition to the ordinance, and 18 "service requests" or complaints about chickens at a particular address. Complaints regarded an excess of chickens over the limit of six birds, roosters, noise, and loose chickens. He also mentioned that 34 chickens have been taken in by Animal Control in the 1-year period. He expressed concerns that the city had no means of tracking the number of residents that are keeping chickens, and he feared that over time the number of residents keeping chickens, and thus the number of complaints, will increase. He mentioned that investigating these calls is "time-consuming" for his department.

He referenced a recent memo from his department that outlines three potential courses of action that City Council could take on November 26, when the hen ordinance is on the City Council agenda. The City could:
1. Vote to continue the ordinance with its current wording,
2. Vote to extend the time for study and possible revision of the ordinance, or
3. Let the ordinance lapse, so that chickens would once again be illegal in most residential areas. He mentioned that those who already have chickens would then be able to continue to keep them on their property as a legal, non-conforming use.

Councilman Robert Ike, the City Council member who proposed the hen ordinance and secured the votes to pass it last November, asked questions about the 34 chickens that were picked up by Animal Control. It turns out that 27 of those chickens came from one address and were part of an ongoing problem from before the time when the hen ordinance was enacted.

Councilman Lonnie Craig asked for numbers of complaints and problems this year compared to the previous year. He did not get this data, but he did get an admission that the complaints have been "time-consuming but fairly low," in response. Craig concluded that it seems there have been "no major outbreak of chicken problems or chicken terrorism" in Chesapeake over the last year, a comment that drew chuckles from the audience.

Council member Suzy Kelly asked if there had been any complaints about the coops themselves or about the confinement of the chickens. The answer was that there have been no complaints about the coops other than one complaint about its location. An investigation showed that this coop was legal and the requisite distance from the property line.

Councilman Rick West raised questions about a state ordinance that mandates the killing of dogs that have attacked chickens. West explained that a conversation with a Council Member of a nearby community raised this concern in conversation. Jan L. Proctor, the City Attorney, explained that there is a state ordinance that mandates that an Animal Control Officer who witnesses a dog in the act of killing a chicken has a "duty" to kill the dog, and that other bystanders have a right (but not an obligation) to do so.There are also state ordinances, she said, regarding the number of times a dog attacks a chicken before it is deemed a confirmed poultry-killer and subject to being put down. West said that this consideration is important to him.

This concern has been addressed in a previous blog post, if readers wish to see our group's position on this issue. Our group more recently sent a detailed email addressing this issue as well.

Council Member Debbie Ritter asked if any of the City Departments had suggestions for the refinement of the ordinance, but got a negative response. She was told that people either are OK with having chickens next to them, or they are not, and changes in the regulation of the chickens are unlikely to change that. Most of the chicken-owners so far have been good neighbors and have caused no problems. She was told that the problem is the possibility of this changing over time and with enforcement, since the City has limited access to people's backyards. Ritter also asked if the animal shelter must take in fowl under state law. She was told the shelter must, since chickens are domestic animals, but she asked that this be checked on. She also had questions about the clarity of the ordinance on the issue of containment, and that a judge had raised questions about the clarity of the ordinance in regard to the chickens' housing. Ritter also said that at the meeting on the 26th she expected speakers from the Animal Services Board and the Agriculture Commission to address Council.

My own conclusion from all this is that we must not be complacent about the hen ordinance. The vote on the 26th is important. There are those within the City government and on City Council who are against the ordinance,  and there will probably be some speakers against the ordinance. We need to get our ducks (hens?) in a row and line up some positive speakers on various topics for the 26th. We also need to contact our Council Members, thank them for the opportunity to have hens, and keep reminding them in positive ways that this issue is important to us. We need to get as many supporters as we can at the City Council meeting on November 26, dressed in green, to support our speakers and our cause.

The meeting will start on Tuesday, November 26, at 6:30 PM in the Council Chambers at Chesapeake City Hall at 306 Cedar Rd. Those who wish to speak must sign up before the meeting begins. There are speaker cards that can be filled out at City Hall before 6:30, or speakers can call to register by calling the City Clerk's office at 382-6151 during office hours of 8 AM through 5 PM weekdays.

 Update: On November 26, 2013, Chesapeake City Council voted to make the "hen ordinance" permanent. The meeting may be viewed online:  fast forward to 1:19 to see some great pro-chicken speeches and the City Council's reaction.

Update: In February of 2014 the Virginia legislature modified the law to give Animal Control Officers the option to seize a dog caught preying on poultry.

Let's Thank City Council This Thanksgiving!

4 Chesapeake Hens is launching a thank-you note campaign! As Thanksgiving approaches, let's write our City Council members short, heartfelt notes in gratitude for our freedom to have laying hens in our residential backyards. Personalized, handwritten notes are OK and even encouraged. Keep messages short but positive.

Printed note cards can be purchased inexpensively at discount stores or dollar stores. Send them individually to the Council members at their home addresses as printed on the City's website. Put cute pictures of your hens, your coop, your garden that is thriving with your chickens' help, your kids enjoying your chickens, etc., in the notes. Even better, enlist the family's help, and get the kids to write some of the notes, too. Be sure to put your return address on the note cards so Council can contact you if they have questions or want to follow up. I used the same return address stickers I put on the envelopes inside the note cards to save space, and then I wrote my phone number at the bottom of the sticker.

Act now! Remember, the "hen ordinance" will be on the City Council agenda on Tuesday, November 26. There is a sunset clause on the original ordinance, so Council must vote to keep the law so we can continue to keep our hens legally. Mark your calendars and plan to be there to support the cause. Numbers and visibility make a difference. The meeting starts at 6:30, but you will need to sign up in advance of the meeting if you plan to speak.

In case you're curious, I already wrote my notes to Council. They are ready to go in the mail tomorrow, along with pictures of my favorite pullet, Blue the Blue-Laced Red Wyandotte. It is a joy to be part of a movement that is preserving beautiful heritage breeds like hers.

Blue the Blue-Laced Red Wyandotte LOVES her home and wants to keep it!

Update: On November 26, 2013, Chesapeake City Council voted to make the "hen ordinance" permanent. The meeting may be viewed online:  fast forward to 1:19 to see some great pro-chicken speeches and the City Council's reaction.

Chesapeake Chickens vs. Sunset: Soon Resolved?

Almost two years ago I started a Facebook Page, 4 Chesapeake Hens. Through this page I successfully organized a group that convinced our City Council to allow up to six laying hens on all single-family lots with certain restrictions. Chesapeake, Virginia, thus became a regional leader in the local foods, sustainability, and backyard chicken movement, with cities such as Portsmouth, Norfolk, Hampton, and Richmond later following suit by loosening up the legal restrictions that had prevented backyard micro-flocks. Of these, Chesapeake probably allows residents the most freedom. We have the shortest setbacks for the coop from the property line and no need for a license or inspection to have a flock. Coops must, however, comply with laws regarding accessory structures, so a permit for the coop is a definite possibility, depending on its size and structure.

Council put a one-year sunset clause on the new ordinance. This means that City Council must vote by December 20, 2013, to make the new law permanent, or Chesapeake's residential chickens will once again become illegal. Many people think this is highly unlikely unless backyard hens cause massive problems in the city, which they have not. This report, based on statistics acquired from the City under Virginia's Freedom of Information Act, shows that complaints about chickens in residential areas have actually decreased since the change in the law. And our group's contacts inside local government tell us that there have been few or no problems with chickens in residential areas since our group published this report.


Nevertheless, our group does not want to be complacent about our rights. During the late summer months we ran a "City Council Member of the Week" campaign, but with residential hens coming up on the agenda, we need to take further action. During a recent meeting of our leadership, here is what we have decided to do. This plan was revised on 11/4, when we were informed that hens will be on the agenda on November 26, NOT in December like we were originally (but tentatively) informed:


1. TJ "The DJ" Thompson will speak for our group as a "non-agenda" speaker on November 12. He will politely let Council know to expect contact from residents in favor of backyard hens.

2.  We will run a "thank-you note" letter-writing campaign from November 12 up to the vote on November 26, with brief but positive expressions of appreciation for the opportunity to keep hens. We recommend that these be very short and contain pictures for Council to view. These should be sent to the City Council members' home addresses as posted on the City's website. City Council has always appreciated how polite, well-informed, and positive our group is, and this occasion should be no different.


3. Members of our group are collecting letters of support from local businesses, neighbors, and civic groups. We hope to have these collected by the Friday before Thanksgiving, November 22, with an eye to having these copied and collated to present to Council by one of our speakers on the 26th. Or, better yet, send these directly to City Council in order to give members time to read them before the actual vote.

4. Council will have a work session on November 19 at 4:30 PM (subject to change). It would be great if one of our group could sit in on the meeting and report back on what was presented. I will go if I can, but I will not know until I know what time they meet. The public is not permitted to speak at work sessions, but they are open to the public. Council will also notice our presence there.

5. On the day of the vote, November 26, we will come to the City Council meeting with all the forces we can muster. We will wear the color green, the color of sustainability, so Council can see our numbers in the chambers. "Green means go!" in respect to continuing to allow us to keep our hens. We will make sure several of us sign up to speak that day, all with different, positive things to say about hens and our rights to keep them. Hopefully, Council will then vote to allow us to have them on a long-term basis.

Council meetings take place at City Hall at 306 Cedar Rd. They start at 6:30 PM, and anyone who wishes to speak must sign up in advance of the meeting. This can either be done at City Hall or by calling the City Clerk's office at 382-6151 during office hours of 8 AM through 5 PM weekdays.

 Update: On November 26, 2013, Chesapeake City Council voted to make the "hen ordinance" permanent. The meeting may be viewed online:  fast forward to 1:19 to see some great pro-chicken speeches and the City Council's reaction.

4 Chesapeake Hens Friends and Neighbors Campaign

As regular readers know, I belong to a grass-roots movement that worked to get Chesapeake, Virginia, to allow laying hens on all single-family residential lots. City Council voted a 1-year sunset clause on the law, which  means that our right to keep up to six laying hens in our backyards, with certain restrictions, will disappear next year unless City Council votes by December 20 to keep the law . Our group is waiting to hear from Robert Ike, the City Councilman who is most in our corner, about the date when this vote will take place.

In the meantime we are asking Chesapeake's legal, residential chicken-keepers to collect letters from local friends and neighbors in support of making the "hen law" permanent. Letters should focus on the fact that the hens are having a positive impact in the neighborhood. And they should explain how or why this is so. To have any impact on Council, the letters must be signed and dated and include contact information in the letterhead. At a minimum, the letters should contain the Chesapeake address where the neighbor lives, but email and phone numbers are welcome, too, in case Council members want to follow up with questions.  Supportive letters from Chesapeake businesses, churches, civic leagues, neighborhood watches, or other groups are also welcome.

Residential hen-keepers: we need you to ask for and collect these letters  of support and to deliver them to either Wendy Camacho or Mary Lou Burke by the Friday before Thanksgiving, Friday, November 22, 2013. We will copy them, collate them, and make sure they are delivered to City Council sometime before the actual vote. Let's be like the "Little Red Hen" in the famous children's story, and all work together to make this fantastic new law a permanent one!

Mail letters to:
     Mary Lou Burke
     945 Hollywood Dr
     Chesapeake, VA 23320

 If you have questions, post them under "comments" here or, even better, post them on our Facebook fan page, 4 Chesapeake Hens.

And thanks!

Update on 11/4: hens are on the agenda for November 26, 2013. Hopefully we'll get the vote we need then.

 Update: On November 26, 2013, Chesapeake City Council voted to make the "hen ordinance" permanent. The meeting may be viewed online:  fast forward to 1:19 to see some great pro-chicken speeches and the City Council's reaction.