Toledo would restrict, but not abolish, the right to keep chickens within the city limits under an ordinance being backed by two councilmen who started on opposite sides of the issue.
After being cooped up together long enough to hatch an agreement, Councilmen Tom Waniewski and Steve Steel are now backing a limit of six hens per single-family dwelling.
Ordinance 290-15 on council’s agenda is set for a vote today. If passed, it would take effect 30 days after being signed by the mayor.
While allowing six hens, the ordinance would ban roosters entirely, and requires chicken cages and coops to be at least five feet from a side yard line, 18 inches from a back yard line, and 25 feet from any neighbor’s door or window. It prohibits outdoor slaughtering in line of vision from any neighboring properties. Coops must provide at least one-square-foot per chicken and be cleaned regularly.
Mr. Waniewski, a Republican representing District 5 covering West Toledo, said he has fielded complaints about foul odors or noisy roosters from the neighbors of people with chickens. His original proposal was to ban henhouses in the city without a permit, adding them to existing prohibitions on keeping hogs, cows, goats, geese, or ducks without a permit.
He was opposed by Mr. Steel, a Democratic at-large councilman who keeps five chickens at his house in the Old West End.
A hearing held in March drew people who own chickens and wanted to continue doing so, as well as residents who said their peace is regularly disturbed by crowing roosters.
Mr. Steel opposed the initial legislation, and still wonders rhetorically, “Why would we cross this road?”
“Regulations like this protect the well-meaning chicken owner who wants to do things right, and neighbors are protected from irresponsible chicken owners,” Mr. Steel said. He said the councilmen looked at model ordinances and best practices. He said setbacks are used in connection with intensive uses.
West Toledo resident Stephen Judd, a retired engineer and teacher, met with Mr. Waniewski and Mr. Steel, but he wasn’t aware that the final version of a proposed ordinance was about to be acted on. He said the proposed poultry limits are way too paltry, and that there is no need for such an ordinance because Toledo already has laws restricting animals that cause excessive noise and odors.
“It’s absolutely unnecessary and will unreasonably deny the residents something that they have right now,” Mr. Judd said.
Mr. Judd, 62, of the Reynolds Corners neighborhood, said he started keeping hens about four years ago after reading an article about urban farming in Mother Earth News. He checked the Toledo Municipal Code and found no law against chickens, so he built a coop and bought some chickens.
“It’s been a great addition. I’ve been very happy with them,” Mr. Judd said. He said he has three hens, down from a past group of six.
The three hens produce enough eggs for him and his significant other. But he said a family of four probably would want as many as a dozen hens.
Mr. Judd said small flocks of hens are a potential solution to the avian flu that is killing millions of chickens in the Midwest.
A rooster is needed to fertilize the eggs to hatch them into baby chicks, but hens will lay just as many eggs whether there’s a rooster around or not, according to the website smallfarm.about.com. The site’s small farms expert, Lauren Arcuri, wrote that urban or suburban homesteaders may not have a choice because of zoning laws that forbid roosters.
The ordinance has a provision that allows anyone who wants to keep more than six chickens to apply to the Toledo-Lucas County Health Department for a permit. The permit would renew automatically unless the health department receives complaints or if the permit holder violates the terms of the original permit.
Mr. Waniewski said he would rely on the health department to permit additional chickens if applicants have a large parcel or are remote from neighbors.
Contact Tom Troy: tomtroy@theblade.com or 419-724-6058 or on Twitter @TomFTroy.
First Published June 9, 2015, 4:00 a.m.
