01-14-13 Common Council Meeting Minutes

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REGULAR MEETING JANUARY 14, 2013 Section I adds the terms “chicken coop or chicken pen” to the list of accessory buildings under 120 square feet which care exempted from the total number allowed. Section II first provides for the keeping of chickens. It established development standards such as the number and type of chickens allowed; details about the construction and location of either a “chicken coop” and “chicken Pen’; and permitting requirements. Section III adds definitions of “chicken coop” and “chicken pen.” Ms. Nayder advised that the staff would note that the proposed setback for the coops will limit the applicability of the ordinance to the larger city lots. Based on information available prior to the public hearing, the staff recommends that the petition be sent to the Common Council with a favorable recommendation. The policy decision as to whether or not to allow the keeping of chickens within the city limits rests with the elected officials. In the event that these officials determine that chickens should be allowed, it is the Staff’s opinion that this ordinance provides reasonable protections to adjacent properties, by establishing appropriate development standards, a process for permitting, and consequences of violating the ordinance. Councilmember Henry Davis, Jr., along with Scott Palmer, and Susan Greutman, of the South Bend Chicken Alliance, made the presentation for this bill. They advised that this bill will allow residents to keep us to six female chickens, or hens, but no roosters. The chickens may not be kept for commercial purpose and /or butchered, the ordinances states, and they must be confined to a coop (house) and Pen (run or yard) constructed of standard building materials. The pen may not contain more than 120 square feet of floor space, according to the bill and it must be at least 15 feet from the property line and at least 20 feet from the nearest home. They noted that anyone wishing to keep chickens under the ordinance must obtain a $20 permit from the city, which must be renewed on an annual basis. The purpose of the permit fee if to support enforcement efforts by the Department of Code Enforcement. Scott and Susan from the South Bend Urban Chicken Alliance, presented a Power Point presentation on the benefits of backyard chickens. The Alliance noted that backyard chickens provide food in the form of fresh, organic eggs to people who might not have access to such product otherwise, promote food security, and help educate people about where food comes from. The alliance supplemented its presentation with a pamphlet that was passed out prior to the meeting (a copy is on file in the Office of the City Clerk.) They also handed out fresh eggs to Council Members from a nearby farm. This being the time heretofore set for the Public Hearing on the above bill, proponents and opponents were given an opportunity to be heard. The following individuals spoke in favor of this bill: th Catherine Toppel, Director, Code Enforcement, 13 Floor County-City Building, 227 W. Jefferson Blvd., South Bend, Indiana, advised that this bill should not be a problem to enforce. She stated that she was skeptical at first. However, they have brought in six chickens already st since the 1 of the year to Animal Care & Control. She stated that this bill may help bring in compliance for those who are not and have chickens already. Karen Coleman, 508 E. South St. , South Bend, Indiana, President South Bend Urban Chicken Alliance Inc. which was set up not only to pass this bill, or help with the bill, but also to support it further. One of their biggest goals is to help educate the public most people who are going to have chickens and who are not as was seen in the PowerPoint, they have lots of people on board to help with that. For example the Unity Gardens began classes last Saturday. Purdue Extension has a great 4-H program for children and their parents to get involved in as well. She stated that they have a Facebook page of over 220 people; folks that every time they join say what can they do to help with this. Stone Circle Art located in River Park is also offering to help educate and be a supporter. She stated that she has a Girl Scout Troop and she is sure more will join and want to sponsor families who want to have chickens either monetarily or helping to build coops. She stated that they have lots of group stepping up like that to help. Also the library is helping to educate people both through their organization and their own effort. In short, we have a married of talents and energy who are here to help support this bill. Another concern that they want to be able to help code with is if there are strays they would be contacted and they have a list of growing farmers in over 15 people who have volunteered to help transport chickens if need be. 7