Commission Must Define "Pets" PDF Print E-mail
Written by Tina Tidmore   

The Clay Planning and Zoning Commission formed a subcommittee to research what the definition of "pets" is and report back to the commission.

The issue came up because Rodger Peal said the Archers moved into a low density residential area, on Bridget Circle, and brought chickens, including roosters which he says crow starting at 4:30 a.m. and continue all day. "I feel like I am living in a barn yard," said Peal whose house is two doors down from the Archers.

The city's low density residential zoning does not allow livestock but does allow household pets. The ordinance does not define household pets. Commissioner Debby Clayton said the Alabama Law Code does not define pets either and does not include poultry in livestock. In one section, the law says "livestock is defined as equine or equidae, cows, swine, goats, and sheep."

Clayton said she has been in the neighborhood on different days at different times and all she heard was dogs.

Peal said the chickens are livestock and are illegal in the subdivision. If they were household pets, he said, they would be inside the house.

To that, Commissioner Robert Thompson said a dog in the yard can be a household pet.

Peal said he has been trying for five months to get the Archers' chickens removed from the neighborhood. He said he believes there is a conspiracy against his efforts because he has called the Clay deputy to the house over the issue multiple times and when he researched, no reports are recorded for those visits.

Steve Archer said the chickens are his son's pets and they don't sell the eggs. He said they have about ten chickens, three of which are roosters. He also said behind his house are woods and the chickens are at the back end of his lot.

Archer said before he moved to Clay he was told he could have the chickens. He said the few roosters he has are not as loud as the many dogs in the neighborhood. "We don't want Clay to change to Trussville," said Archer. "Chickens have been a part of Clay throughout history."

Rose Peal disagreed saying, "Trussville seems like they have their priorities straight."

"What's next," said Archer. "Are we going to require people to take their barking dog inside?"

Archer said that two residents in a neighborhood should not be able to decide for the rest of the neighborhood and all the other residents are ok with the chickens or like them. He said he has a petition signed by many of the neighbors, but he did not bring it with him that night.

Neighbor Don Root said he doesn't think the whole neighborhood should change because one person wants to have chickens. Root said he has lived in the neighborhood for eight years and is disheartened that he hears the roosters every morning taking away the "peaceful and quiet" neighborhood.

Neighbor Peggy Ward, who lives across the street from Archer, said she moved to Clay to leave Birmingham and crime. She said she was surprised to hear geese and cows and likes the sounds, including the chickens, because she feels she is living in the country.

Neighbor Vicky Jones said she doesn't mind the Archers' chickens but wouldn't want a change in zoning so all her neighbors are allowed to have them. "Thank God for little Stephen," she said of Archer's 15-year-old son. "He is caring for chickens instead of getting into mischief."

"What specifies a pet?" said Archer. He said some people have birds for pets, snakes and other animals. "I agree there should be limits," Archer said.

Dorinda Johnson, who lives on a 3/4 acre lot in Cosby Hills, said she has chickens and her neighbors like them or don't know she has them. She said the only roosters she has are two chicks. She said they won't crow while they are in a hen house because it is dark. So the crowing can be controlled. She also said they can be trained. They even come to her when she whistles.

"If she could teach the chickens to bark, it might solve the problem," Commissioner Robert Thompson jokingly said after the meeting.

 

Johnson said the Society for the Preservation of Poultry in Antiquities is trying to bring back chickens in residential neighborhoods, as things were 50 years ago. She said the breeds are endangered with one breed being lost each month. "It's an American heritage," she said.

"They are wonderful pets if kept clean," said Johnson. "Dogs can smell." She said some people like motorcycles as a hobby, some like dogs and some like chickens. She said both a motorcycle and dogs can be noisy.

Peal, though, said in the conclusion of his presentation, that he doesn't like chickens, except on his dinner plate.

Commissioner Debby Clayton said the commission can not deal with all the many issues in the neighborhood. But, the city does need to define "pets" and set limits. She said some people have rabbits as pets.

City Attorney Milton Barker brought information for commissioners to consider showing many major cities, such as New York, Atlanta, Baltimore, Los Angelas, Las Vegas, Denver and many more cities, allow chickens in the city area but with restrictions. Some of the restrictions are:

  • limit on the number
  • no roosters
  • not allowed to run free
  • coops at least 20 feet away from a neighbor's residence
  • coops must be kept clean
  • feed must be secured to prevent pests and predators
  • no slaughtering

 

 
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