| 12/17/2008 11:15:00 AM | Email this article • Print this article | Jefferson council OKs ordinance allowing chickens in city limits
By Ryan Whisner
Regional Editor
JEFFERSON - A debate labeled as "nonsensical" by one Jefferson alderman Tuesday led to passage of a new ordinance regulating the keeping of chickens within the city limits.
As approved by the Jefferson Common Council in a 4-3 vote, city residents will be allowed to keep up to four chickens, provided multiple conditions are met, including that the principal use of the parcel or lot is a single-family dwelling.
No roosters or noisy fowl, or the slaughtering of chickens, are permitted within the city limits.
Also, the chickens are expected to be provided with a covered enclosure and must be kept in it at all times.
Lastly, as approved by the council Tuesday, the ordinance states that no coop or enclosure will be placed within 15 feet of any lot line.
Joan Donnellan of Jefferson recently brought the matter to the council's attention when she asked that the city allow poultry - laying hens - to be kept within the city for personal use.
The municipal code had prohibited keeping poultry and other livestock within the city limits. Additional sections of the code prohibited the commercial raising of chickens within industrial or agricultural districts.
"I believe you will find when you poll the residents of the city that most would not raise livestock and would not want livestock raised by a neighboring property owner," Alderperson Bill Brandel said. "The argument might be made, although I'm in personal disagreement, that chickens are good pets and provide eggs for personal consumption and therefore should be allowed to be raised within the city."
He expressed concern that the same argument could be made for other poultry - turkeys, ducks, geese or ostriches.
"Some people think of goats or cows as pets," Brandel said, adding that both provide milk for personal consumption.
"Discussion of this proposed ordinance is the result of a request of a single Jefferson resident who happens to enjoy raising chickens," he said.
Brandel questioned how many other Wisconsin cities allow the raising of poultry or other livestock within residential areas and what penalties will be assessed under the new ordinance.
"If passed, could a single resident request an ordinance to raise other livestock, geese, cows or emus within the city's residential areas? If not, on what basis would they be fairly denied?" he asked.
Brandel said he considered it a nonsense ordinance and generally a waste of time. He recalled when he was young that chickens were permitted in residential areas.
"I remember the problems that were caused by the raising of chickens in town and how neighbors hated having chickens next door to them," Brandel said. "All you've got to do is think for yourself if you want the person next to you raising chickens and its an easy item to vote for."
Regulatory Committee Chairperson and Alderperson Dale Oppermann said other residents have come forward since the issue has been raised, saying that they also are interested in raising chickens. In fact, some acknowledged that they already do.
"We have regulations in our code that address pets that are a nuisance," Oppermann said. "If something becomes nuisance or someone files a complaint about a neighbor, it would be addressed on a case-by-case basis."
He noted that the ordinance discussed Tuesday solely related to chickens.
"We're not talking about emus or ostriches or even ducks," Oppermann said. "I have ducks in my own backyard, but its not of my own keeping."
In addition, he noted that Fort Atkinson and Madison are among communities that allow a limited amount of poultry within residential areas.
"We are simply allowing the keeping of chickens tonight," Oppermann said. "It was an issue raised by one of our citizens and it doesn't matter if she lives in my district or another district; she's a citizen of Jefferson."
He said he did not consider this to be a problem and was perplexed at how much of an issue it had become.
"I just don't see what the problem is unless there is a problem," Oppermann said. "I think we're just picking nits about chickens."
Alderperson Peg Beyer, who also supported the measure, noted that the city has grown a lot since the times when chickens were permitted.
"What's starting to happen now is people are saying they want to have more organic eggs," she said. "They're not saying they want to raise their chickens and slaughter them."
Beyer said that, as approved in the ordinance, this is a very sanitary way of raising chickens just for residents to have fresh eggs for their families.
"We're not bringing the farm into town," she said.
Overall, Beyer said, there likely would be about 10 people in the city who will have four chickens.
"It's something that will be there if someone wants it," she said.
As the discussion continued, Brandel continued to raise concerns about the enforcement.
"The ordinance says four chickens, so if I have a fifth chicken, does the police chief have to go up and seize my fifth chicken?" he asked.
Oppermann suggested the council could make an amendment to allow an unlimited amount of chickens as long as they are not a nuisance.
"That would be as silly as the rest of the ordinance," Brandel said. "If we're creating something that needs to be enforced, there needs to be a way to enforce it."
Oppermann appeared disgusted with the proceeding and lengthy debate over an ordinance about chickens.
"I can't believe we're spending this much time on this," he said.
The final vote was 4-3, with Alderpersons Steve Cross, Brandel and Peachey casting votes against it.
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