Taking it to the State level?

[smllattnspn21]

I've read through and have enjoyed reading everyone's different experiences. I live in a small town in North Dakota that prohibits fowl of any kind. I did a TON of research and gathered all kinds of information and presented my request to change the ordinance to allow chickens to the city council. They seemed open to the idea and allowed my a couple of weeks to come up with an ordinance proposal and meet with the ordinance committee. I felt like this was very promising!

After meeting with the ordinance committee yesterday, it did not go well at all. It seems the members had run into a lot of people that were responding negatively to the idea of having chickens, and 2 of the 3 members of the committee were personally against the idea. We talked about some of the issues they had heard and personally felt, and I had an appropriate response to each issue, however, it seemed to all boil down to, "I just don't want chickens in town." Since it was clear that there was no convincing them otherwise, the official decision was to not pursue the idea of allowing chickens in town any further. Furthermore, if I were to go the route of having a petition signed, other members of the community against the idea have already stated they would petition NOT to have chickens.

Based on the reaction, even if I got it on the ballot, I'm not sure that I have enough support to pass it.

With this brick wall, I was wondering if anyone in a similar situation has considered taking the fight to the state level? I have done a lot of searching and haven't found anything. Essentially, I guess the idea would be to argue for a state law that would protect the rights to own chickens from a perspective of self-sufficiency and protection from pandemics or outbreaks that would hender the commercial food supply.

I would be interested in hearing any opinions or if anyone has come across any examples of this elsewhere. I would also love to hear from others in ND that have or want chickens in their cities or towns.

It has been my experience that the state does not want to get into town politics and taking it to the state level would be a lost cause.

 

[Princess_Leeza]

I have just started my research, but the way I understand it is if there is a contradiction between the state laws and any laws or ordinances below the state, the state law trumps local juristiction.

My thinking is if there was a law that protected the rights of certain activities related to self-sustainability (ie producing your own food) and it specifically protected the right to raise poultry, among other things, the local ordinance that outright prohibits fowl of any kind would be voided by the state law.

After posting this, I came across a thread on here to points to a Texas Bill that does just that (HB1686). This is almost exactly what I was thinking of doing.

Oh... and I am shocked myself. I mean, we are literally in the middle of a hugely agricultural state. Nothing but farming and ranching for the most part, but we can't have chickens? It's absurd in my opinion.

Did that HB pass? I don't see any new laws in TX.

 

[U_Stormcrow]

Did that HB pass? I don't see any new laws in TX.

No - it was sent to committee to die. Again.

 

[Brooks_]

it was sent to committee to die.

Reminds me of I'm Just a Bill. Funny/not funny.

 

[raingarden]

ND Right to Farm Act

 

[U_Stormcrow]

ND Right to Farm Act

Is irrelevant in this case.

Actually, the various State "Right to Farm" Acts are irrelevant in most cases that come up here on BYC.

The Act does not suspend the operation of local Zoning Law. It merely prohibits the neighbors from bringing a nuisance suit against ongoing Agricultural Operations maintained in good order for at least the past year. and even then, they can STILL bring a nuisance suit, merely by claiming negligence or improper opration of the farm.