Introduced by: Mr. Tansey
Date of Introduction: August 25, 2009
SUBSTITUTE 1 TO ORDINANCE 09-074
TO AMEND NEW CASTLE COUNTY CODE CHAPTER 4 (“ANIMALS”) AND
CHAPTER 7 (ALSO KNOWN AS THE “PROPERTY MAINTENANCE CODE”)
WHEREAS, New Castle County Code has historically prohibited the keeping of
chickens on residential parcels under one (1) acre in size; and
WHEREAS, research into the implementation of this section of the Code did not
result in an explanation of the genesis behind the one (1) acre cut off; and
WHEREAS, recently in the United States, backyard fowl ownership has become
more popular, as individuals strive to buy locally produced foods and live in a manner
that is more sustainable; and
WHEREAS, many urban areas throughout the Country have begun permitting
the keeping of backyard hens, as long as guidelines are followed; and
WHEREAS, with certain restrictions in place, lowering the acreage necessary to
house backyard hens to one-half (.5) acre will allow more individuals to take part in this
movement, while not detrimentally affecting residential communities; and
WHEREAS, County Council has determined that the provisions of this ordinance
substantially advance, and are reasonably and rationally related to, legitimate government
interests (i.e., promoting the health, safety, morals, convenience, order, prosperity and/or
welfare of the present and future inhabitants of this State).
NOW, THEREFORE, THE COUNTY OF NEW CASTLE HEREBY
ORDAINS:
Section 1. New Castle County Code Chapter 4 (“Animals”), Article 2 (“Animal
Control”) is hereby amended by the deletion of the stricken text and the addition of the
underlined text as set forth below:
Sec. 4.02.004. Prohibited Animals in certain residential areas.
A. It shall be unlawful for any owner, tenant or other person in control of a property
to raise, breed, keep, shelter or harbor any cattle, sheep, goats, pigs, ducks, geese,
waterfowl, guinea hens, chickens, roosters, turkeys, donkeys, quail, doves, llamas,
raccoons, muskrats, non-domesticated mammals, game foul, pigeons, pheasants,
peacocks, foxes, minks, exotic animals, wild animals, game animals and other like
animals on a parcel of land which is less than one (1) acre in total area and located
in any residentially zoned district, a diversified planned unit development or an
MM zoned district. It shall be unlawful for any owner, tenant or other person in
control of a property to raise, breed, keep, shelter or harbor any chickens on a
parcel of land which is less than one-half (.5) acre in total area and located in any
residentially zoned district, a diversified planned unit development or an MM
zoned district. An owner, tenant, or other person in control of a property may
raise, breed, keep, shelter, or harbor up to four (4) hens on a parcel of land which
is one-half (.5) to one (1) acre in total area and located in any residentially zoned
district, a diversified planned unit development or an MM zoned district, provided
that there are no roosters and the hens are raised for eggs and are kept in a coop
with a solid cover roof that is set back at least three (3) feet from adjoining
property lines.
Section 2. New Castle County Code Chapter 7 (“Property Maintenance Code”),
Section 7.01.001 (“Adoption of the International Property Maintenance Code”), Chapter
3 (“General Requirements”) is hereby amended by the deletion of the stricken text and
the addition of the underlined text as set forth below:
CHAPTER 3. GENERAL REQUIREMENTS
SECTION PM 302. EXTERIOR PROPERTY AREAS
Section PM 302.14. Prohibited Animals in certain residential areas is added as a new
subsection to read as follows:
Section PM 302.14. Prohibited Animals in certain residential areas. It shall be unlawful
for any owner, tenant or other person in control of a property to raise, breed, keep, shelter
or harbor any cattle, sheep, goats, pigs, ducks, geese, waterfowl, guinea hens, chickens,
roosters, turkeys, donkeys, quail, doves, llamas, raccoons, muskrats, non-domesticated
mammals, game foul, pigeons, pheasants, peacocks, foxes, minks, exotic animals, wild
animals, game animals and other like animals on a parcel of land which is less than one
(1) acre in total area and located in any residentially zoned district, a diversified planned
unit development or an MM zoned district. It shall be unlawful for any owner, tenant or
other person in control of a property to raise, breed, keep, shelter or harbor any chickens
on a parcel of land which is less than one-half (.5) acre in total area and located in any
residentially zoned district, a diversified planned unit development or an MM zoned
district. An owner, tenant, or other person in control of a property may raise, breed, keep,
shelter, or harbor up to 4 hens on a parcel of land which is one-half (.5) to one (1) acre in
total area and located in any residentially zoned district, a diversified planned unit
development or an MM zoned district, provided that there are no roosters and the hens
are raised for eggs and are kept in a coop with a solid cover roof that is set back at least
three (3) feet from adjoining property lines.
--------------------------------------------------------------------------------------------------------------
What is your feeling on this legislation and how would you like Councilman Sheldon to vote?
Here is a link to the legislation:
http://www.co.new-castle.de.us/countycouncil/Home/fileuploads/images/Ordinances/2009/09-074%20sub%201.pdf
It is on the agenda for tonight, but we understand it will be tabled.
Councilman Sheldon wants to hear from YOU!
THANKS!!
Stephanie Rizzo
Legislative Aide to Councilman Sheldon
800 N. French Street
Wilmington, DE 19801
302-395-8369
Subscribe to:
Post Comments (Atom)
7 comments:
For cripes sake, tell Sheldon to vote NO. At least for those having less than an acre of property. Years ago, one of our new families on Virginia Avenue didn't know about the NO CHICKENS ordinance. The damned roosters woke all of us up at dawn every day.
To the last post, I respect your opinion, but if you had read the content it specifically prohibits roosters. I am undecided at this point, but certainly open minded to the idea.
I would hope Tim will vote NO! Besides the ungodly smell, alot of disease in their droppings and droppings that draw rats and foxes and god knows what else. If we wanted to live next to chickens and such, we would of bought a home in the country or a farm where they belong, NOT in a neighborhood.
Not to forget ... chicken poop smells. BAD
Dont see anything wrong with have chickens to raise especially with the prices of them now in the stores.
I'm fine with this. Does anyone in Brookland Terrace have a 1/2 acre property?
Greg and I are okay with chickens as long as guidelines are followed (limit to 4, no roosters, at least .5 acre, etc.). Also, I/we would imagine there are restrictions that prevent having the pens in the frontyard?? We'd want that clarified before Councilman Sheldon votes. Out of curiosity, we were wondering who Mr. Tansey is who intro'd this.
Post a Comment