What if your neighbor keeps her yard full of chickens?

An interesting case is on its way to the Supreme Court of Virginia. It seems the Virginia Beach woman is raising chickens in her yard and claiming that they are pets-and that she eats the eggs-"they are organic."

The local zoning inspector against her and now the case will take up space on the Supreme Court of Virginia docket.

If you are interested, here is the ordinance:  (did you know there is a website for people who raise chickens in their backyard?)

Sec. 5-545. Fowl running at large. Fowl may be kept only in those areas zoned for agricultural use. It shall be unlawful for any person to allow any fowl to run at large on any street or any unenclosed lot or ground within the city. (Ord. No. 3072, 3-24-09)

Sec. 34-72. Animals. Animals, fowl and/or pets shall not be permitted within the type 2 swimming pool. This section shall not apply to working dogs, such as seeing-eye dogs. (Ord. No. 2351, 10-17-95; Ord. No. 2995, 7-17-07)

Sec. 5-537. Disposition of dead animals generally:

(a) The owner of any companion animal shall forthwith cremate, bury, or sanitarily dispose of the animal upon its death. If after notice, any owner fails to do so, the bureau of animal control shall bury or cremate the companion animal and may recover costs as indicated below for this service.
(b) When the owner of any other animal or fowl which has died knows of such death, such owner shall forthwith have the body cremated or buried. If the owner fails to do so, any judge of a general district court, after notice to the owner if he can be ascertained, shall cause any such dead animal or fowl to be cremated or buried by a person or entity designated for that purpose. Such a person or entity shall be entitled to recover of the owner of every such animal or fowl that is cremated or buried the actual cost of the cremation or burial and a reasonable fee to be recovered, free from all exemptions in favor of such owner.
(c) The following fee, free of all exemptions in favor of such owner and payable to the city treasurer are authorized when such cremation services are provided by the bureau of animal control. The sum of twenty dollars ($20.00) for any small animal, such as a sheep, dog, cat or goat.
(d) Nothing in this section shall be deemed to require the burial or cremation of the whole or portions of any animal or fowl which is to be used for food or in any commercial manner. (Ord. No. 3072, 3-24-09)

 

Ben Glass
Ben Glass is a nationally recognized Virginia injury, medical malpractice, and long-term disability attorney
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