Tuesday, November 19, 2013

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.

Tuesday, November 12, 2013

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.

Saturday, November 2, 2013

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.

Sunday, October 20, 2013

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.

Thursday, August 15, 2013

City Council Member of the Week

Our grass-roots community group, "4 Chesapeake Hens," found the following approach very useful when we worked to get backyard hens legalized in Chesapeake, Virginia, with certain restrictions. Instead of asking members to contact everyone on City Council all at once, we asked them to contact one Council Member at a time, so that our efforts were more focused and hopefully noticed.

We are not done working for the right to keep our hens, however. City Council voted a sunset clause into the ordinance, which means that if Council does not vote to keep the law by December 20, 2013, our right to keep our hens will lapse. Therefore it is time to contact our elected leadership and share our expectations.

Remember to keep all contact with our elected leadership concise, informed, and polite. This is how our group earned the right to keep hens, and this is how we will continue to keep them. Also remember that most Council Members voted *for* the hen ordinance. We will inform  you which ones did or did not, and we will inform you *why* a Council Member voted against us if we know the reasons. If you email, be sure to include contact information such as your name, address, email address, and telephone number.

10/12/13

Our final "City Council Member of the Week" is Vice Mayor John de Triquet, who voted *against* backyard hens along with Debbie Ritter and Rick West. Dr. de Triquet has been very open and honest about his opposition to backyard hens since the beginning of our group's efforts in Chesapeake. He has been willing to communicate and very polite. He also seems to appreciate the respectful, well-informed way our group has approached hims. Nevertheless, his mind has seemed to be made up. Video is available on YouTube that explains Vice Mayor de Triquet's "no" vote back in November. It's interesting to note that he cites the opinions of health officials in Richmond, yet Richmond has legalized backyard microflocks since last November. If anyone discovers any specifics about his concerns for public health or safety, please let us know! We would like to address them if we can.

Here is his contact information:

Vice Mayor John de Triquet

Council Member
3020 Princess Anne Crescent
Chesapeake, VA 23321

Contact Numbers:

Business: 757-312-9220
Home: 757-484-0542
Fax: 757-484-0014
Ph. Mail: 757-382-6951
E-mail: Johndetriquet@aol.com

10/6/13

This week's "City Council Member of the Week" is Debbie Ritter, who voted *against* backyard hens last November. She has been consistently willing to talk to her constituents and to listen to them, but she has consistently opposed the hens. Her main reason seems to be her perception of residents' "expectations." Be sure to share your own expectations politely when you contact her. Explain that voters' expectations might be different from what she suspects. Video of her explanation when she voted against the hens last November is available on YouTube through Saad Ringa. Thanks, Saad!

Here is her contact information:

S.Z. "Debbie" Ritter

Council Member
732 Schoolhouse Road
Chesapeake, VA 23322

Contact Numbers:

Home: 757-482-4242
Fax: 757-482-6356
Ph. Mail: 757-382-6948
Email: dritter@cityofchesapeake.net

9/29/13

This week's "City Council Member of the Week" is Scott W. Matheson.  He also voted for allowing backyard hens. Be sure to thank Mr. Matheson and ask him to renew the ordinance. Here is his contact information:

Scott W. Matheson

Council Member
725 Watch Island Reach
Chesapeake, VA 23320

Contact Numbers:

Phone: 757-548-3296
Fax: 757-410-9409
Ph. Mail: 757-382-6947
E-mail: scott@scott-matheson.com

9/20/13

Lonnie E. Craig is this week's "City Council Member of the Week." He voted *for* backyard hens last November. Please thank him for doing so and remind him that it is time to extend the law. Here is his contact information:

Lonnie E. Craig

Council Member
3613 S. Battlefield Blvd.
Chesapeake, VA 23322

Contact Numbers:

Home: 757-421-2322
Ph. Mail: 757-382-6946
E-mail: lcraig@cityofchesapeake.net


9/15/13

This week's ""City Council Member of the Week" is Dr. Ella P. Ward. When she voted for the hen ordinance, she said the sunset clause was important to her. She  felt it important for Council to revisit the ordinance this fall in case backyard hens were causing the City or its residents any problems. It is time to remind her that the hens have been a blessing, not a problem, to residents of Chesapeake. We need to make this ordinance permanent so we can continue to enjoy our hens. Here is her contact information:

Dr. Ella P. Ward

Council Member
1517 Pine Grove Lane
Chesapeake, VA 23321

Contact Numbers:

Home: 757-488-6843
Fax: 757-488-4713
Ph. Mail: 757-382-6950
E-mail: eward@cityofchesapeake.net

9/7/13

This week's "City Council Member of the Week" is our Mayor, Alan P. Krasnoff. He voted *for* backyard hens back in November. Please thank him and ask him to do the same the next time the issue is up for a vote. The mayor is interested in helping people from all walks of life, especially those who face challenging circumstances. If chickens have helped you or your family overcome adversity in any way, please be sure to share your story. Here is his contact information according to the City's website:

Dr. Alan P. Krasnoff

Mayor
1006 Cuervo Court
Chesapeake, VA 23322

Contact Numbers:

Business: 757-547-9266
Home: 757-547-8446
Fax: 757-547-9268
Ph. Mail: 757-382-6974
E-mail: akrasnoff@cityofchesapeake.net


8/29/13

Our third "City Council Member of the Week" is  Susan H. "Suzy" Kelly. She voted *for* backyard hens back in November and has told me she "hopes to be able to" vote for them again this fall. She has been one of the more responsive council members to our questions and requests. She has strong interests in environmental concerns, especially water quality. She also has told me that she hoped that backyard hens would not become a divisive issue in our community. Please send her messages reassuring her on both counts. Thank her for her support. Here is her contact information from the City's website:

Susan H. "Suzy" Kelly

Council Member
1716 Lambert Court
Chesapeake, VA 23320

Contact Numbers:

Phone: 757-523-2900
Fax: 757-523-0903
Ph. Mail: 757-213-5115
E-mail: suzy@jokell.com

8/22/13

Our second "City Council Member of the Week" is Dr. Rick West, who has degrees in education. He voted against backyard hens in November, but we are still not sure what his reasons were. In a recent article in the Clipper, West claims he has not changed his opinion but is trying to keep an open mind, particularly since there have been few complaints. Let's thank him for trying to keep an open mind and see if we can find out exactly what his concerns are. If you learn of his reasons, please keep us posted in comments either here or on 4 Chesapeake Hens' Facebook page. Perhaps we can find ways to assuage whatever concerns he may still have.

Dr. Richard W. "Rick" West

Council Member
1144 Fairway Drive
Chesapeake, Va  23320

Contact Numbers:

Home: 757-436-1915
Fax: 757-390-3598
Ph. Mail: 757-382-6952
E-mail: rwest@cityofchesapeake.net



Our first "City Council Member of the Week" is Robert Ike, who is the City Council Member who worked very hard to bring this law to pass. He has always been completely in our corner. Let's start by thanking him for what he has done, and offering to help him as he works toward making this change permanent. Here is his contact information as provided by the City.

8/15/13:

Robert C. Ike, Jr.

Council Member
908 Executive Court, #104
Chesapeake, VA 23320

Contact Numbers:

Home: 757-842-4819
Fax: 757-482-6654
Ph. Mail: 757-382-6956
E-mail: rike@cityofchesapeake.net

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. 

Wednesday, August 14, 2013

Chickens vs. The Sunset Law, First Efforts

Our grass-roots community group, 4 Chesapeake Hens, succeeded in convincing City Council to allow up to six "female chickens" with certain restrictions on all single-family residential lots in Chesapeake, Virginia. There was a one-year sunset clause on the ordinance, which passed in November of 2012. This means that City Council must vote to make the law permanent by December 20, 2013, or we will lose our right to keep our chickens legally.

Last night at City Council I made a speech and presented the results of our group's Freedom of Information Act request for data on violations and complaints regarding residential chickens. Here is the text of my speech:

"My name is Mary Lou Burke, and I live at 945 Hollywood Drive.


"As a resident of Chesapeake, I am proud of you, our Mayor and City Council. You made a decision to allow micro-flocks of laying hens in all single-family residential backyards. By legalizing hens, you made a decision based on facts, not on myths and misinformation. By legalizing hens, you also led the way toward a more family-friendly, healthier, and more sustainable community. You protected personal property rights by restoring to us our historic right to keep a few hens on our own property and for our own use. And you led the way not only locally, but regionally as well. In the time since Chesapeake legalized residential hens last November, both Richmond and Portsmouth have legalized them, and Hampton, Norfolk, and Virginia Beach are taking another look at their own 'hen laws.' Well done!


"The next step is to make this change permanent. We are all aware that there is a sunset clause on this ordinance, which means that Council must vote to keep the law by December 20, or our rights will lapse. We cannot allow that to happen and to lose the progress that we have already made.To that end, our group presents to you a report based on data that we obtained under Virginia’s Freedom of Information Act. The City’s own data shows that violations and even complaints regarding chickens in residential areas have actually decreased since the 'hen law' was enacted. It also proves that there were over 7,000 complaints about dogs and cats in a time period where there were less than 50 complaints about residential chickens. Your city’s own data proves that the 'hen law' should be made permanent.

"Finally, our group asks the City what the time frame and process will be for making the decision about keeping the hen ordinance. We would like to be informed regarding the points in the process where there will be opportunities for public comment. We residents are enjoying our hens tremendously, and we want to be sure that we can continue to enjoy them."

The speech is also available on video but viewers will need to scroll to about 2:12. Our group is proud of our City Council for returning to us an important property right, but our community deserves to see this change made permanent.

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.

Wednesday, July 31, 2013

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.