After many months of discussing chickens in town, the new ordinance was passed at the December City Council meeting. The ordinance has been a frustrating topic for council members and town residents alike, as many wonder why so much energy has been put into regulating backyard flocks.
Resident Harry Mead, who regularly attends meetings and has been very vocal about the new ordinance, questions the complexity of it. A prospective chicken owner would need to perform multiple steps in order to officially own their chickens, including taking an educational seminar on backyard flocks; signing a ‘Backyard Chicken Agreement’ that pertains to chicken welfare; registering the flock with the Maryland Department of Agriculture (MDA) to receive an official registration card, as well as bringing the card to the City Zoning office within 30-90 days (dependent on MDAs processing times).
Mead also pointed out that the requirements for the coops and runs, which demand four square feet per chicken for the coop and ten square feet per chicken for the run, would make most residences in town ineligible. Additionally, the coops and runs must be ten feet from the property lines, 20 feet from any dwelling and in the back yard only. Residents will also need to apply for a city Zoning Certificate as chicken coops and runs are considered structures and will have specific building requirements.
Councilman Dan Myers brought up the question of if a home's entire backyard could qualify as a run if it was properly fenced in. Councilman Chris Tillman explained that a yard would need to be fully enclosed-including the roof-to be considered a run. The materials used could be as simple as chicken wire, but would need to span the entire yard; there is a minimum size of ten feet per chicken. In response to complaints of the complexity of this ordinance, Darryl Hale, the Zoning & Code Enforcement Officer, mentioned receiving a picture of a chicken free ranging on the York Street sidewalk, which proved the need for a manageable ordinance.
The Council agreed that the maximum number of chickens allowed would be six, however any residents with flocks already established will be grandfathered in and will be allowed to keep what they have if all new rules and regulations are being met. Once their flock size decreases, for whatever reason, they must adhere to the six-chicken limit. Roosters will be prohibited as would the selling of eggs.
The requirements for approval are written as a one-time deal per residence. However, Tillman asked about situations where a renter's lease ends, and they leave their registered flock at the home : "What happens if the next family is not a registered chicken owner, but they get chickens? Do we have a way to check the new tenants chicken requirements?" City Manager Jim Wieprecht answered that in a rental situation the homeowner would be responsible for the zoning certificates thus would also be responsible for removing the chickens before the next tenant. If a homeowner sells their home the new owners would be responsible for meeting the chicken ordinance requirements as the previous owners would not transfer to them.
The vote passed unanimously.
