Chickenshit

[XLFD]

I disdain using vulgar terms in headlines, but unfortunately it's the best way to describe the action of the Ludington City Council last night, but first a summary of what led up to last night's fully chickenshit action by the City's governing body.

In April 2018, Deb Del Zoppo, a resident of PM Township, stated that chickens were not allowed in the city limits, unlike in other cities, and advocated for the council to permit them.  The issue pretty much ended there until a couple of months into the state shutdown, where four ladies came in front of the Building & Licenses Committee in June and urged the adoption of a chicken ordinance as a way for residents to be more self-sufficient in uncertain times. 

The discussion continued their July meeting with more citizens interested and drew the interest of the Planning Commission at their August meeting, who were not thrilled with the prospect, five coming out against the idea.  There has yet to be one public comment raised against it at any meeting.

Which leads us to last night's meeting, a discussion of the topic was included on the agenda, and due to a technical problem, the meeting was not broadcast.  David Bossick of the local newspaper was around and made these observations:

What started out as a discussion item regarding the ability to raise chickens in the City of Ludington turned into a vote not to pursue the issue further during Monday’s regular city council meeting hosted via the video-conferencing application Zoom.

Members of the city council discussed much of the feedback each received as well as sought out from neighbors in their respective wards and people outside the city on the prospects of residents being allowed to raise chickens.

Councilor Joe Lenius said the issue, if it continued, would go to the buildings and licensing committee twice more before it returned to the council as a potential ordinance. He made the motion to send it back to the committee for further work, and it was seconded by Councilor Kathy Winczewski.

The council then voted unanimously against it.

“If I can extract this a little bit,” said Ludington Mayor Steve Miller, “(Is) this issue now dead? At all levels?”

And it was affirmed that it was, until it is raised again.

During the discussion, a variety of concerns were voiced. Winczewski said a question was posed on an email Listserv of other cities, and she said there was a difference between those undisclosed locations and Ludington.

“Most of them require more land than what we require in a city lot,” she said, referring to the city’s typical lot size of 60 feet by 140 feet.

Zoning and Planning Administrator Carol Ann Foote cited several reasons against an ordinance in a memo to the council, and Winczewski said she also spoke with four farmers — three in Mason County — about raising chickens. Concerns that were raised were the noise, the potential for dogs to attack the birds and salmonella poisoning.

“I do appreciate where people know where their food comes from and to be self-sufficient to provide some of their own food,” Winczewski said. “That is super-important with what is going on with our insecurity in the supply lines and everything else. I understand some people’s need to want to do the chickens. But I guess I’m not ready to tip my hat there yet.”

Councilor Angela Serna said her concern was over potential enforcement. She said if a chicken coop were in a fenced-in yard, seeing violations of the ordinance would be difficult.

“They just can’t go on someone’s property. It has to be what we see,” she said. “How will we know? How is the enforcement officer going to know if the people are selling the eggs or are they really cleaning their pen? It it fenced properly? Is it clean and sanitary? You won’t know unless you inspect it.”

Councilor Cheri Rozell suggested residents may want to support the local farms and farmers via a venue such as the farmers’ market.

The council's actions last night were meaningless, however, since the Ludington City Council has already passed legislation that allows chickens to reside in the city limits in the past.  What they did last night only reinforces our Ludington citizens' common belief that the city's legislative body is petty and lacking courage, aka chickenshit.  Facts matter, and both sides are not looking at them for some reason.

The city code is a compilation of Ludington's established laws made through the ordinance procedure.  The electronic version has a convenient search feature for the city code and charter.  If you enter "chicken(s)", "hen(s)", "fowl", "poultry" or even "animal(s)" and "bird(s)", you will not find any sort of language that prohibits chickens from being raised inside the city limits, or even ducks, geese, or turkeys for that matter.  

Compiled Michigan law is also bereft of many laws on chickens, fowl, and poultry, the only restriction noted was in housing law, which prohibits chickens from living inside with you.  It should also be noted that the City of Scottville allow chickens on a case-by-case basis, and do so without consulting state or county health authorities in doing so.

"Everything which is not forbidden is allowed" is a constitutional principle, it's a direct consequence of the Tenth Amendment in the Bill of Rights.  Powers/Rights not given specifically to the federal government or forbidden to states are given to the states-- or if they do not claim them, the people.  Local governments as subdivisions of the state can claim the power to prohibit chicken-raising in Ludington, but they have not, ever.  In fact, they have used their power to make it lawful to raise chickens in 1947's ordinance no. 549.  

The minutes of the December 15, 1947 Ludington City Council meeting has the council unanimously agreeing to allow chickens in the city limits

The December 1, 1947 minutes describe Ordinance 549 in more detail:

Therefore, the law on the books in Ludington permits the raising of chickens and certain other birds provided they follow the guidelines of the health department and can get certification from them.  The council effectively took the City of Ludington out of the picture for allowing poultry inside the city limits, giving that power to the health department, which seemed reasonable then to eight councilors, and unreasonable now to seven.  Yet nowhere have they rescinded Ordinance 549, rather they just ignore it, as if a previous council did not pass it 8-0.  

And before they try to tell you it's a 73 year old law that doesn't hold sway anymore in our modern world, remind them that the governor is using a 75 year old law in order to hold her absolute power for longer than the 28 days a subsequent law allowed her in an emergency.  Current Ludington law expressly permits any citizen to raise chickens on their property if they can receive a certificate from the health department declaring they are in compliance with Ordinance 549. 

Don't let any chickenshit city official tell you otherwise.

[Freedom Seeker]

Next meeting they'll be voting to rescind Ordinance 549.  It's chickenshit what our city staff and council cannot research on their own system and dont even know to ask.  Your research skills and questions are way above most.   With covid19 and zoom meetings continuing which many people can't do or don"t have the technology to, without your post, many would have no idea what is going on at city hall.  How did this supposed questioning of citizens take place?   With a few of their friends or on Facebook?  

All in all, as much as I like chickens and eggs, a lot of good points were brought up by the councilors.  And the potential for lack of maintenance, (cleaning pens) is ripe and I think most lots are too small.  Just another reason to move out of Ludington if you want chickens and your own organic eggs.  It's looking better and better to get out of the city, where you could have less taxes, more freedom, fewer codes and fear of code enforcement and the unsettled irritation of codes changing every other week, and cheaper water even if you pump it yourself! 

[XLFD]

I doubt whether they will do that, since Mayor Steve Miller was out on WMOM this morning saying that there are laws on the books prohibiting chickens in the City of Ludington.  I've noticed in a Facebook discussion on the issue that the COL has no such law on the books and I welcome Mayor Miller to provide his laws. 

In the meantime, a blast from the past with city council enforcement of Ordinance 549 on a chicken-raiser on Sept. 2, 1952-- this was the only instance of enforcement on that ordinance I could find, at the council level:

[Freedom Seeker]

Oh really?!! Did Mayor Miller quote the COL ordinance number or ("laws on the books")? What books? Those secret books in some secret chambers? Or did you miss it in your search, X? Maybe there is a conflicting law, with no rescinding of #549?

[XLFD]

Nah, if officials like Mayor Miller say that something is so, more than 80% of the public will think it's so even if no evidence exists.  It's a dangerous mindset for America when over 80% of the public trusts officials and the media over their senses, knowledge, and research.  Even when they claim to not trust the media or officials.  The rest of us understand we are a nation of laws and you can't enforce a law that doesn't exist.  That's for socialistic dictatorships.

At the worst, Ordinance 549 of 1947 may have been determined to be obsolete when the 1984 Code was created, which is the basis of the current code, with all of the ordinances passed since added onto it.  This still does not erase the fact that a chicken ordinance has been passed by the LCC in 1947 allowing chickens, and that nothing since has outlawed that practice, on even a broad assumption.

[Willy]

This is a good one. It's nice to see the City involved with something other than corrupted politicians and officials. I'm all for freedom of choice but having lived in the country side I can say without a doubt that raising chickens will not in anyway enhance neighborhoods. First of all if one wants fertilized eggs you must also have roosters and most people, I think, know that a rooster's alarm clock is set at a time just before sunrise, so dozens of noisy roosters waking up the City at 5am on a quiet summer morning will not be a welcomed sound. Secondly, chickens will attract predators and if anyone has ever been  wakened in the night by squawking chickens trying to avoid a fox or coyote which is trying to get a meal of chicken nuggets, that can be a very noisy confrontation. Then you have rats, weasels, raccoons, etc, trying to steal the eggs. All this commotions needs a lot of space, such as a farm or someplace more secluded than a Ludington neighborhood.

[XLFD]

The old ordinance crafted and the new one under discussion does not allow for roosters.  As for attracting predators, some said that about the splash pad, but nobody has snatched a kid yet this year at Copeyon.  

Many people would not be able to raise chickens anyway if the coops have to be minimally 40 ft. away from any residence, plus meet any other restriction that may be created in doing up a new chicken ordinance.  Consider the normal city lot is 60' X 140', if your house is 40' off the street and is 60' long, you won't have any room on the property when you just consider your own house.  

I think the topic is worth looking at closer, like when we can act like adults again and not have to wear diapers on our faces and have councilors who have to get out of their pajamas to attend meetings.  I think a policy like Scottville's might work-- it is working for them.

[Freedom Seeker]

True on the limited fun time, Lake Lady! We did ducks once in a city, you could have six. Beautiful creatures. Great eggs but a lot of work and the space was not big enough for them. They need nurturing everyday and putting away in a very secure pen so that the predators don't get to them. They were given to a farmer in a few months.

[XLFD]

My point is not being either for or against an ordinance that hasn't been negotiated yet, rather I think it is premature they close discussion and pretend that there isn't an existing ordinance on the books that permits chickens in the city and they can't really do anything about it except repeal the law or create a new one. 

I will be visiting the health department (DHD #10) to find out what precautions I need to have in place to be certified by them, and consider raising chickens this coming spring, after seeking and getting consent of the neighbors, of course.  I think that will get the topic to come back up.