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.

Chesapeake Chickens and FOIA Request, Parts 1 and 2

I made a request for information under Virginia's Freedom of Information Act to the City of Chesapeake, Virginia, back in June. I asked for information regarding the number of complaints pertaining to chickens, the nature of the complaints, the location of the complaints, and whether they were found valid or not. I asked for information for the past two years through May.

Our group, 4 Chesapeake Hens, convinced Chesapeake's City Council to change local ordinances to allow up to six hens in backyards in single-family residential lots on November 20, 2012. The law was passed with a "sunset clause," which means that City Council will revisit the "hen issue" this fall and make a final decision whether to keep the law the same, to change it, or let it revert to its draconian past, where hens were only allowed in agricultural areas or on a few residential estates. Our group obviously wants to be allowed to keep our hens, so we requested data that we hoped would bolster our cause.

We also asked for data on dog and cat complaints during the same time period as a point of comparison. That data will not be available until August 7. For the convenience of having all the paperwork in one spot, we will publish our FOIA-related discoveries here on this page.

Page 1 original letter with our group's request and estimated costs

Page 2 of this letter explains the total cost of the information is over $500.00. We paid it.

The City sends chicken information and will send information on dogs and cats when available

This chart shows chicken and related complaints for the past two years

This chart attempts to summarize the information on the previous page

Our group is looking forward to studying this data in greater depth to see how we can best use it to our advantage in the coming months. So far it does NOT look like there have been a huge number of complaints or a huge increase in complaints regarding chickens, which is good news!

Part 2, Updated on 8/9/13:

Our group has received the second part of our request, which is information on complaints regarding dogs and cats within the same time period we are studying chickens. There were many more complaints, of course. We have had a chance to analyze the initial data, and the analysis is very favorable to the chickens. We plan to present it to City Council; it is available here. Here is the additional information which supports our analysis. All this information has cost our group a total of $467.32.

$526.40 minus $59.08 means all our FOIA documents cost us $467.32.

The estimate was higher, so our group got a $59.08 refund of our deposit for the info.