City Votes Down Hen Ordinance As Presented
July 28, 2016 at 4:25 p.m.
By Jennifer [email protected]
The council reviewed the request to allow hens in city limits based on a favorable recommendation from Warsaw Plan Commission, who previously held two working sessions on the topic where community input was heard.
The proposal was to allow four hens on 0.125 to 0.25 acres of property and five hens on 0.25 or more acres of property. The proposal also prohibited hens from properties smaller than 0.125 acres.
The vote was 3 to 2 with councilwomen Elaine Call, Cindy Dobbins and Diane Quance voting against the ordinance as presented. Councilmen Mike Klondaris and Jerry Frush voted in favor of the ordinance. Councilmen Charlie Smith and Jeff Grose were absent from Monday’s meeting.
There needed to be four council members who voted in favor of the ordinance for it to pass. The ordinance with revisions will be reviewed again during the council’s May meeting, according to Tim Dombrosky, assistant city planner, who presented the ordinance to the city council with a favorable recommendation.
Call and Dobbins said they would have liked to see a waiver in the ordinance that would require those who wanted chickens on their properties to have neighbors sign off in agreement.
Frush, Dobbins, Klondaris and Call said they would like to see the council have a yearly review of the ordinance. Quance said she voted against the ordinance as presented because her constituents did not support it, felt allowing chickens would diminish property values and she had concerns with enforcement of the ordinance.
“We have codes now that aren’t being enforced so now we are asking those same people who are supposed to enforce the code to do more. At some point as a council we need to look out for all citizens,” Quance said.
The building and planning department and animal control enforcement would be responsible for enforcement of the chicken ordinance.
James Baush, a Warsaw resident who first presented the proposal to the city council in February, said he supported the ordinance as written.
“We are here because we are citizens who want to have hens on our property, but do it to city code,” Bausch said.
He said he had concern if the city would require a waiver for neighbors to sign off on allowing chickens that he was not sure if all his neighbors would be in support of him keeping hens on his property.
Klondaris, who serves as a city council liason to the plan commission, said he supported the ordinance as written, but suggested there be something put in the ordinance that requires hens to be immunized.
“A brainless bird has brought us to such discussion. There is so much more involved than just having chickens, this comes down to what somebody can do on their own property,” Klondaris said.
City council heard comments for and against allowing chickens in city limits.
Mike Ragan, Warsaw, said he felt allowing chickens in city limits would lessen property values.
Emma Schwendeman, Warsaw, whose family raised chickens until they found out chickens were not allowed in city limits, said she supported the hen proposal.
“Chickens become so tame and they are pets, not really livestock when you keep them in a small number,” Schwendeman said.
Anne Bonewitz, Warsaw, encouraged the city to support urban farming as a hobby the same way the city has supported the bicycle community.
Patrick Loebs, Warsaw, said if the city approves the ordinance it will help the city to continue to be progressive.
“I believe the objections that have been brought forth is the result of nonsubstantiated fears that property values will plummet, and that there will be odor and noise,” Loebs said. “We are not talking about a facility such as Creighton Brothers being established in every backyard. These are five chickens, sometimes less depending on the size of yards.”
Loebs said places such as Indianapolis, Fort Wayne and Chicago have chicken ordinances.
“What I do believe is at stake is the individual liberty, the personal freedom to do what you want on your own property as long as it doesn’t hurt anyone,” Loebs said.
Lisa Showalter, Warsaw, said she supported allowing hens in city limits.
“There is a whole generation of us who want to get reconnected with the food we are eating, what goes into it and understand where it comes from,” Showalter said.
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The council reviewed the request to allow hens in city limits based on a favorable recommendation from Warsaw Plan Commission, who previously held two working sessions on the topic where community input was heard.
The proposal was to allow four hens on 0.125 to 0.25 acres of property and five hens on 0.25 or more acres of property. The proposal also prohibited hens from properties smaller than 0.125 acres.
The vote was 3 to 2 with councilwomen Elaine Call, Cindy Dobbins and Diane Quance voting against the ordinance as presented. Councilmen Mike Klondaris and Jerry Frush voted in favor of the ordinance. Councilmen Charlie Smith and Jeff Grose were absent from Monday’s meeting.
There needed to be four council members who voted in favor of the ordinance for it to pass. The ordinance with revisions will be reviewed again during the council’s May meeting, according to Tim Dombrosky, assistant city planner, who presented the ordinance to the city council with a favorable recommendation.
Call and Dobbins said they would have liked to see a waiver in the ordinance that would require those who wanted chickens on their properties to have neighbors sign off in agreement.
Frush, Dobbins, Klondaris and Call said they would like to see the council have a yearly review of the ordinance. Quance said she voted against the ordinance as presented because her constituents did not support it, felt allowing chickens would diminish property values and she had concerns with enforcement of the ordinance.
“We have codes now that aren’t being enforced so now we are asking those same people who are supposed to enforce the code to do more. At some point as a council we need to look out for all citizens,” Quance said.
The building and planning department and animal control enforcement would be responsible for enforcement of the chicken ordinance.
James Baush, a Warsaw resident who first presented the proposal to the city council in February, said he supported the ordinance as written.
“We are here because we are citizens who want to have hens on our property, but do it to city code,” Bausch said.
He said he had concern if the city would require a waiver for neighbors to sign off on allowing chickens that he was not sure if all his neighbors would be in support of him keeping hens on his property.
Klondaris, who serves as a city council liason to the plan commission, said he supported the ordinance as written, but suggested there be something put in the ordinance that requires hens to be immunized.
“A brainless bird has brought us to such discussion. There is so much more involved than just having chickens, this comes down to what somebody can do on their own property,” Klondaris said.
City council heard comments for and against allowing chickens in city limits.
Mike Ragan, Warsaw, said he felt allowing chickens in city limits would lessen property values.
Emma Schwendeman, Warsaw, whose family raised chickens until they found out chickens were not allowed in city limits, said she supported the hen proposal.
“Chickens become so tame and they are pets, not really livestock when you keep them in a small number,” Schwendeman said.
Anne Bonewitz, Warsaw, encouraged the city to support urban farming as a hobby the same way the city has supported the bicycle community.
Patrick Loebs, Warsaw, said if the city approves the ordinance it will help the city to continue to be progressive.
“I believe the objections that have been brought forth is the result of nonsubstantiated fears that property values will plummet, and that there will be odor and noise,” Loebs said. “We are not talking about a facility such as Creighton Brothers being established in every backyard. These are five chickens, sometimes less depending on the size of yards.”
Loebs said places such as Indianapolis, Fort Wayne and Chicago have chicken ordinances.
“What I do believe is at stake is the individual liberty, the personal freedom to do what you want on your own property as long as it doesn’t hurt anyone,” Loebs said.
Lisa Showalter, Warsaw, said she supported allowing hens in city limits.
“There is a whole generation of us who want to get reconnected with the food we are eating, what goes into it and understand where it comes from,” Showalter said.
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