New Haven Independent

Chickens Win

by Melissa Bailey | December 12, 2007 8:05 AM | Permalink | Comments (8)

“I want to keep them,” pleaded young Sarah Rastelli (pictured), swinging Tweety-bird slippers before the city zoning board. With a smile, the zoning officials agreed to overturn an eviction notice and let her keep the egg-laying pets.

Michael Rastelli and Rebecca Weiner (pictured above with Sarah) left 200 Orange St. Tuesday night to bring the good news back to the roost in their Westville backyard, where six hens can now continue clucking away. Until Tuesday, the animals had been under threat of eviction by the city, as a result of a neighbor’s complaint. (Click here and here for background stories.)

After the eviction notice hit this summer, Weiner showed up with a flock of neighborhood supporters to protest the order before the Board of Zoning Appeals in October. The board upheld a city inspector’s conclusion that the birds classified as livestock, but encouraged her to come back and seek a special exception.

Not a single human cry of opposition rang out against the birds at the Board of Zoning Appeals meeting Tuesday night, where Weiner came back as directed. The board voted unanimously to approve a special exception to allow the family to keep a maximum of six hens at 187 Willard St., in a residential RM-1 zone where no livestock is permitted. The board added two conditions: Only six chickens and no roosters.

“She wants to have six chickens, let her have six chickens!” declared BZA Chair Cathy Weber, heeding two-year-old Sarah’s plea.

While the chickens (pictured) are now safe, Weiner is continuing the fight for the safety of hens across the city. During her public battle, several families across the city came forward confessing to keeping below-the-radar roosts.

Along with Aldermen Ina Silverman, Erin Sturgis-Pascale and Roland Lemar and fellow citizen activists, Weiner is trying to get an ordinance passed to allow New Haveners to keep a small number of hens in their yards as egg-laying pets. The effort would bring illegal roosts above the law and support those who want to rely on local food instead of factory farms, Weiner said.

After the complaint this summer, Rastelli moved the pen away from the family’s home, giving it a larger, thirty-foot buffer from neighboring homes. Weiner said one neighbor, an elderly woman suffering from insomnia, said her complaints were satisfied by the move. The hens, after suffering a bout of mites due to the relocation, are now settling into the new roost.

Weiner was planning a special bash for the animals tomorrow to celebrate the news. On the party menu: “extra corn mash, and maybe even some marshmallows.”

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Comments

Posted by: cedarhillresident | December 12, 2007 8:12 AM

Congrate's!!!!!

POWER
TO THE
CHICKENS!!

Posted by: robn | December 12, 2007 9:02 AM

I cannot find any mention of a livestock ban in the New Haven Zoning ordinances except for in RS-2 Districts (Article III Section12). Being that there appears to be no legal framework for their involvement, why is the LCI or the BZA involved in this family's affairs?

Posted by: cedarhillresident | December 12, 2007 10:48 AM

A girl I work with lives in East Haven and she says they allow chickens...she said tech. NEW HAVEN "county" laws do allow chickens. Not sure if that is a loop hope for the other pet chicken owners.

Posted by: DAFeder | December 12, 2007 1:06 PM

Go Chirpy Boy! Go Bart Junior!

Posted by: Tim Kane | December 12, 2007 2:22 PM

next stop, Chicago!

http://news.yahoo.com/s/ap/20071212/ap_on_re_us/pet_chickens_chicago_1

Posted by: ami | December 12, 2007 6:42 PM

A livestock ban was put in place in Dallas specifically to bar roosters, after it was found that there had been a huge upswing in cock-fighting. Unfortunately, I believe if an ordinance is passed we will see the unintended consequence of an increase in animal cruelty violations due to cock-fighting.

Posted by: eastrockchickens | December 13, 2007 11:25 AM

I live in East Rock and have a small flock of hens, well hidden from the road. We have the approval of our two abutting neighbors. Before we acquired our hens, I researched the existing laws. Chickens are allowed as long as they are properly housed and don't cause a nuisance. Below are excerpts from Chaptor 7 of the New Haven Code of Ordinances. Sec. 7-2.1. Keeping nuisance animals; animals roaming at large; penalty for violations. (a) No person shall keep, harbor, or cause to be kept or harbored, any dog, cat, wild or farm animals within the limits of the City of New Haven in any place or manner so as to cause a nuisance. Any animal which shall in any manner disturb the peace and quiet of neighbors or of the public is deemed to be a nuisance. (b) No person having custody of any dog, cat, wild or farm animal shall permit such animal to roam at large. Such action is deemed to be a nuisance and danger to the public health and safety. (c) Every person who shall violate any provision of subsections (a) or (b) herein shall be guilty of a misdemeanor and on conviction shall be punished by a fine of not more than one hundred dollars ($100.00) per day, per offense. The definition of animals: Sec. 7-1. Definition of terms. [As used in this chapter, the following definitions shall apply:] (a) Animal shall mean any beast kept as a companion, or for lawful service, commercial or recreational purposes, but excluding fish and game as regulated by Title 26 of the Connecticut General Statutes and animals used for lawful scientific experimentation. (b) Owner shall mean any person or persons, firm, association or corporation owning, keeping or harboring a dog. (c) At large shall mean off the premises of the owner, and not under the control of the owner, a member of his immediate family, or an individual authorized by said owner, either by leash, cord or chain of sufficient strength to maintain said dog. (d) Warden shall mean the designated dog warden of the City of New Haven or the designated city department and said department's official(s) in charge of the responsibilities of dog warden. (e) Farm animal shall mean any animal or fowl kept or harbored for the production of food, breeding, transportation or for pelts. Such animals shall include but not be limited to horses, mules, donkeys, goats, pigs, cattle, sheep, raccoons, mink, chickens, roosters, ducks, geese, pheasants, game hens, turkeys and pigeons, male or female, singular or plural. (f) Wild animal means any and all types of exotic animals, either indigenous or not indigenous to the Greater New Haven area, animals which are dangerous or otherwise not domesticated and shall include, but not be limited to snakes, alligators, raccoons, other large or dangerous reptiles, tigers, lions, monkeys, apes, bears, large or dangerous birds, large or dangerous fish, deer, elk, moose and antelope, male or female, singular or plural.

Posted by: robn | December 14, 2007 1:02 PM

ERC,

I agree with your fundamental point but there are no "chapters" in the New Haven Zoning Ordinances and Section 7 doesn't exist...at least not in the online version anyway...which means either your information is out of date, or the online service provided for New Haven isn't doing their job properly.
http://www.municode.com/resources/gateway.asp?pid=19969&sid=7

Chickens Win

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