Wake Forest Commissioners Tackle Chicken Ordinance

By Dave Bissette - August 19, 2008

WAKE FOREST - Emily Cole entered the Town of Wake Forest's monthly Board of Commissioners meeting with butterflys in her stomach. After several months of petitioning and talking to neighbors and Wake Forest residents at the local farmer's market, her quest to change the town's ordinances regarding the keeping of backyard chickens is up for discussion.

After several votes on rezoning permits, item 7E comes up for discussion. Mayor Vivian Jones acknowledges Cole's presence in the audience and asks her if she has a statement prepared. What ensues during the next 15 minutes is a lively dialog between Cole, Mayor Jones, and Commissioners Frank Drake, Chris Kaeberlin, and Margaret Stinnett. Clearly, the board is enjoying this conversation.

Cole's presentation pulls information from many sources regarding the keeping of urban poultry and addresses common concerns regarding noise, hygiene, and housing. Critical issues that she includes are:

• Less than 20 chickens per household
• Chickens must be housed properly in enclosed coops or fencing
• The keeping of roosters requires adherence to the current livestock ordinances

Commissioner Kaeberlin listened to the presentation with a smile on his face. "I think this is a great idea." he said.

When asked how Cole came up with the number of 20 birds by Commissioner Drake, she proceeds to educate the board about the life cycle and laying habits of chickens. She concludes that, since these chickens will likely be pets, they will continue to be family members long past their productive laying years.

Rather than putting these chickens out to pasture or taken to a slaughterhouse, Cole believes that 20 chickens will continue to give a family a steady source of eggs over the course the the bird's natural lifetime.

As the owner of the only permitted flock of chickens inside the town limits, David Bissette asked to address the commissioner's more technical questions regarding the keeping of backyard poultry.

"I invite any member of the board to come to my house on South Main Street, two blocks from here, with their questions about the keeping of chickens. My wife or I would be happy to answer your questions to the best of our ability." said Bissette.

"I love your chickens." said Commissioner Stinnett after Bissette had finished speaking.

The Board of Commissioners unanimously approved to proceed with researching the amendment of the ordinance. The amendment will be drafted by the town's legal counsel and presented for public hearing and comments at the September 16th board meeting.

"What a relief," says Cole after the discussion is over, and before her television interview with local news channel NBC-17. 

Family eggs on town for urban farm rights

By Leslie Rudd, Wake Weekly Staff Writer, Aug 14, 2008

Not ones to ignore citizen clucks, the Wake Forest Board of Commissioners agreed to review long-standing livestock ordinances at its Aug. 19 meeting. Renewed interest in urban farming spurred some residents to question the town’s livestock rules.

Residents David and Mitzi Bissette are the only family in Wake Forest which successfully completed the annual permit process to keep farm animals (first reported July 17 in The Wake Weekly).

The town requires interested residents within town limits to receive written consent to have livestock from every neighbor within 500 feet.

The process is different for each applicant, depending on how many neighbors they have. Residents Emily and Mike Cole, while going through the same application, needed the approval of close to 40 neighbors. The Coles couldn’t get everyone’s OK and instead are circulating a petition to change the town’s livestock ordinance to exclude domesticated hens.

Mayor Vivian Jones feels the current requirements may be over-reaching. “To notify people within 500 feet — that seems to be a pretty wide range,” she said, noting that rezoning a property requires owners to notify neighbors within only 100 feet away. Extensive media attention and a few feathery visits to the Wake Forest Farmers’ Market have the Coles the talk of the town. Commissioners obliged to Cole’s request to address the board, adding her to the next agenda.

Cole presents her case to the board of commissioners Tuesday, at 7 p.m. According to her Web site, wfchickens.blogspot.com, she will ask commissioners to exclude domesticated hens from the list of livestock.

• No person shall allow his or her hens to run at large within the corporate town limits
• It shall be unlawful for any person to keep more than 20 hens within the corporate limits of the town
• Hens must be kept a minimum of 30 feet from the nearest residence other than that of the owner, unless the neighbor has given expressed written permission
• Roosters are not permitted within the corporate limits of the town unless written approval is obtained along with the livestock permit.
  

Cole adds hens may not be used for commercial purposes as well as detailing what kind of coop hens must be kept in.

Town Manager Mark Williams said he doesn’t anticipate the board taking any action on the issue next week.

“I think at this time they will take her comments under advisement. They may move to hold a public hearing on the issue at a later date.”

To date, Cole added over 100 signatures to her online petition.

New interest in organic food has Jones considering the full spectrum of the current rules. “A lot of people are more interested in it than they ever have been,” she said. “We don’t make you have approval for dogs that bark. It’s something that we should take a look at.”

She does agree a public hearing should be held before any changes are made to the rules.
Prospective changes to the livestock ordinance have the Bissette family excited.

“I completely support this amendment to the town ordinances,” said David Bissette. “They are currently too restrictive, given the state of the economy and the rising costs of food production.

Urban coops create neighbor quandary

Sarah Lindenfeld Hall,
Raleigh News and Observer Staff Writer

WAKE FOREST - The Bissette family keeps chickens in their yard across the street from the town's popular Holding Park. The hens help keep bugs away from the Bissettes' organic garden. They've become part of the family of five, just like rabbits and a dog. And soon the hens will be old enough to lay eggs.

About a mile away in the Pineview Estates neighborhood, Emily Cole wants a similar setup for her family.

But she's not allowed.

Unlike the Bissettes, not all of Cole's 37 neighbors who live within 500 feet signed off on her plan, as a town law requires.

So Cole is taking her plight to Wake Forest's board of commissioners. She's scheduled to speak at its Aug. 19 meeting.

Cole hopes to persuade the town to change the ordinance so that residents can keep as many as 20 hens without approval from neighbors.

"I'm just trying to stand up for what I believe in," said Cole, the mom of two and a Brownie troop leader. "I feel like I want to teach my [Brownies] that if they believe in something they can do something about it. I can't talk the talk and not walk the walk."

Concerns about the treatment of chickens at factory farms, the safety of massed-produced food, and the rising cost of just about everything have helped bring chickens into the suburbs.

"In terms of agriculture and growing food, it's easier than gardening," said Rick Bennett, who has kept chickens in his yard in Raleigh's Five Points neighborhood for three years.

Bennett said he's watching the chicken debates in other towns with amusement.

"Some of the reasons [against it] going around seem a little hysterical," he said. "They're overly worried about opening a Pandora's box without coming by and seeing what's happening."

It seems that something in my eBook "Keeping the Letter of the Law" touched off a fire in Troy McBride. Here are selections from a recent email he sent me, published with his permission.

Life, Liberty and the Pursue of Chickens

Dave,

I have done the research, and have come to some conclusions about zoning codes. Lets start with the Declaration of Independence.

"All men are created equal. All people are born with the rights to life, liberty, and the pursuit of happiness. "

No ruler can take these rights away. It is our duty to either change the ordinance or the municipal government that denies these inalienable rights. The 14th amendment to the constitution about equality should also play a role in this. Don't forget our forefathers were subjected to similar agricultural tyranny by tyrants.  I will bet dollars to donuts that every signer of the Declaration of Independence was involved with the husbandry of chicken farming. Don't forget that Benjamin Franklin advocated the Turkey (a wild fowl) as the national bird!

If some cities and large metro areas allow chickens, then the health argument is moot. To be equal, and all citizens being equal, we must have the right to raise chickens and turkeys regardless of the style and size of their property.  I am rasising turkeys and chickens for the education of my children.

(You might want to review Thomas Jefferson’s background and how he educated his children with chickens because he thought it could teach them responsibility, and connect them with life. Thomas also gave chickens to friends. If you go to the Monticello website and look up chickens as a key word, you will find the Jefferson's letters talking about bantam chickens.)

So [board members], can I raise some food fowl? Will you affirmatively vote against our children, their education, property rights, and the very ideas and ideals that this nation were founded upon?

The Supreme Court has ruled against planning departments in the past where they tried to only have an agricultural zone.  Why should we even consider having 4H clubs, if 90% of America's children do not have the life, liberty, and freedom raise the chickens on their properties, to bring to the county fair as the spirit of the Declaration of Independence set forth?

Are we not equal in property rights? Are we not a free democracy? Are we under British rule? Being that the British had not allowed our forefathers property or rights to life, or liberties that many in this country have shed their common blood to assure? 

Zoning has only existed for a short period of time in American history, and has been challenged in courts. [Municipalities] can only enforce ordinances that do not violate State law, and I say that in fact, in the chicken area of the ordinance,  they not only violate State law, but our basic property rights as Americans!

Best,
Troy McBride

Several weeks ago, I met Chris Crochetiere of the DurhamHENS group at the Festival for the Eno River. She and another chicken lover were staffing the booth at the Creekside area where all the educational exhibits are. Best wishes in your campaign to change Durham city's ordinanaces Chris! - Dave

Durham residents fight for right to raise chickens

Posted: Aug. 2, 2008

Cary's Town Council turned down an idea, by a 4-3 vote, to look into allowing laying hens throughout the town. The decision came near the end of a meeting that stretched nearly until the cock crowed Friday morning.

Jack Smith said he had been approached with the idea by Cary resident Alissa Manfre. The item made it to the council agenda after Gail Adcock seconded Smith's request for discussion.

At the meeting, Adcock moved to have town staff look into the pros and cons of allowing the birds before the council reached a final decision.

"So whichever way we go it's based on evidence," Adcock said.

Smith, along with Mayor Harold Weinbrecht, Erv Portman and Don Frantz kept the motion from taking flight.

"Is it really Cary?" Smith asked.