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Fowl issue coming to a head in Palestine

 

EAST PALESTINE — People already raising chickens in residential areas in the village may have to say goodbye to the poultry if village council does not approve of new legislation that would outline rules for their confinement and regulation.

Council gave a second reading to the legislation during the Monday meeting and a public hearing is scheduled for 6:30 p.m. before the Nov. 14 council meeting, in which council is expected to vote on the matter.

Resident John Martin said he doesn’t want to see chickens raised in town.

“I really think you’re opening up a can of worms. There just seems to be so much progress going on and things are starting to look really good … you want to let chickens in town now and it’s like it’s going backwards,” he said.

He added he believes that allowing the poultry in village limits will result in enforcement and health issues.

“Most communities — even though it is a trend — still do not allow chickens. I just think enforcement is going to be a really big concern. Are you going to have the police department counting chickens?” Martin asked.

Some communities in the county that don’t allow chickens in residential areas are Leetonia, Lisbon and Columbiana. Chickens are allowed in Salem, but a 150-foot radius is required to avoid nuisance issues, Martin has said.

The proposed East Palestine legislation calls for the allowance of one chicken for every 800 square feet of lot area, which would mean that potentially nine chickens could be raised on a standard 50- by 150-square foot lot.

The legislation would not allow roosters to be raised in town, only hens, and the hens cannot be raised for slaughter.

The village received a formal letter from the planning commission regarding the issue, and after much discussion among the commission, members decided not to make a recommendation one way or another.

The letter was provided to council, and the issues commission members had with the proposed legislation had to do with whether or not restricting the legislation to chickens alone would be sufficient for regulation, whether the one chicken per 800 square feet restriction was appropriate, and whether the fenced outdoor enclosure outlined in the legislation would keep chickens from getting loose.

Specifically, the commission wondered if the legislation should also address the keeping of turkeys, ducks, and other poultry.

It also pointed out that expanding the size restriction from one hen per 800 square feet to one hen per every 1,600 square feet would limit residents from having too many chickens in town, while allowing enough space for those with larger acreage to have more.

The commission also felt that a roof should be required on any fenced enclosures.

“In quickly reading the animal ordinance it can be concluded that the entire ordinance needs revised and updated,” Commission Chairman John Turner wrote on the commission’s behalf in the letter.

He went on to say in the letter that due to the “too many variables that need addressed,” the commission would not make any recommendation, meaning the matter will be entirely decided by council.

Council Clerk Misti Martin recalled that the proposed legislation came about because the village was getting phone calls from residents asking if chickens were allowed in town.

“We didn’t have anything on the books, so there is nothing one way or the other,” she said.

However, building and zoning inspector John Simon said that in researching the village’s laws, he found that poultry falls under livestock in Chapter 619 of the codified ordinances, and livestock are not permitted in residential areas.

“Livestock is considered poultry. In my opinion, anybody that has chickens right now shouldn’t have them. So if this doesn’t get passed I will go to everyone that has chickens now and tell them you have to get rid of them,” Simon said.

He added that there are currently at least six people that he knows of that are keeping chickens in town.

kwhite@mojonews.com

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