Missouri Right to Farm Amendment and Chicken Ordinances

[bfc3811]

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I didn't know you need a permit. I have six hens. Not getting turned in. I'll challenge it too

You're required to get a permit if the coop is within 100 ft of an occupied dwelling. Are you in an urban part of KC, or do you have some space? I'm in midtown and my coop gets moved all over the yard. There are 10 house within 100 ft. Under current law, I would need approval from all 10 households to be granted a permit. That's insane. No one asked me if it was ok if they got a huge barking dog or that cat that jumps on my car and digs in my garden. All I want is to keep a few small hens that stay in an enclosure most of the time. These laws are just crazy.

 

[ChickenCanoe]

@ChickenCanoe what city do you live in? Are you in an urban area?

I'm in the city of Black Jack. One of the 91 cities in St. Louis county. My side of the main road is all minimum of 1 acre lots. The other side of the road are smaller lots. I'm on about an acre but there's a 4 acre field next to me, the house on the other side has 3 acres and the house behind me is on over 20 acres.

You're required to get a permit if the coop is within 100 ft of an occupied dwelling. Are you in an urban part of KC, or do you have some space? I'm in midtown and my coop gets moved all over the yard. There are 10 house within 100 ft. Under current law, I would need approval from all 10 households to be granted a permit. That's insane. No one asked me if it was ok if they got a huge barking dog or that cat that jumps on my car and digs in my garden. All I want is to keep a few small hens that stay in an enclosure most of the time. These laws are just crazy.

The city of St. Louis allows 4 animals with no permit and no restrictions on housing. Up to 10 animals with a kennel permit. The other 91 cities have regulations all over the board from no chickens allowed to no restrictions at all.
It's stupid. Theoretically, one person could be allowed 4 chickens. His neighbor across the street could be denied chickens completely and a person at the end of the street could have as many as they want.
ETA
Interestingly, the poorer the community, the more likely they are to restrict poultry. The wealthier the community the more likely they are to allow.
Also, 92 of the 100 largest cities in the US allow chickens.

 

[mrballance]

You're required to get a permit if the coop is within 100 ft of an occupied dwelling. Are you in an urban part of KC, or do you have some space? I'm in midtown and my coop gets moved all over the yard. There are 10 house within 100 ft. Under current law, I would need approval from all 10 households to be granted a permit. That's insane. No one asked me if it was ok if they got a huge barking dog or that cat that jumps on my car and digs in my garden. All I want is to keep a few small hens that stay in an enclosure most of the time. These laws are just crazy.

Hi, I'm just west of Raytown. Two of my neighbors have chickens too. I have a large lot, so no I don't need one then. The dogs make more noise than anything else. Have fun !!!

 

[jujub41482]

Anyone know if Home Owner Association bans on farm animals or poultry would still have legal ground now? My current HOA president is cool with me having chickens because I consider them my pets and not "poultry" and my neighbors have not complained. I'm just worried if we get a new president in the future that wants to try and make me get rid of my hens if he/she would be able to do so.

 

[bfc3811]

I'm not even 100% sure the new law invalidates existing municipal laws against backyard "farming". That's just my interpretation. The only way we'll know for sure is if someone challenges a local law based on the grounds that it is unconstitutional. As far as HOAs, I believe they can create and enforce just about any rule they want. They are an Non Governmental Organization and if you have one, you voluntarily entered into a contract with the HOA when you moved into the neighborhood. So, it's based on an entirely different body of law. Again, this is just my understanding - I'm not a lawyer and could be totally wrong.

Maybe work worth the HOA to create a rule that allows for backyard poultry if you meet certain expectations?

 

[chanceschickens]

Very. Nice to know all This Info. Thanks

 

[MeepBeep]

Anyone know if Home Owner Association bans on farm animals or poultry would still have legal ground now?  My current HOA president is cool with me having chickens because I consider them my pets and not "poultry" and my neighbors have not complained.  I'm just worried if we get a new president in the future that wants to try and make me get rid of my hens if he/she would be able to do so. 

A Constitutional amendment like this limits the powers of governement not private entities like HoA...

HoA are governed by a private contractual agreement between two private parties, you willfully waived and surrendered your rights when you signed the line and moved their...

With that said HoA are not bound to uphold this new Constitutional amendment unless it's elevated to protected class status with further laws, like some other Constitutional rights have been...

The short of it, is yes your HoA will still likely be able to ban poultry unless other laws are written that makes farming a protected class that can not be discriminated against by private entities...

 

[Sonoran Silkies]

In the Missouri primary elections last week, Missourians voted on whether or not a "Right to Farm" Amendment should be added to the state's constitution (read the amendment here: http://www.sos.mo.gov/elections/2014ballot/HJRNos117.pdf). For better or worse, it passed. It occurred to me today that local chicken ordinances (and a host of other local restrictions relating to urban agriculture/homesteading) may now be deemed unconstitutional in the state. I found this awesome legal analysis of the amendment and its potential impacts: http://cosgrovelawllc.com/legal-ana...m-constitutional-amendment-1-hj-res-nos-11-7/

I'm curious, what do folks think? Could this impact the legality of chicken laws in Missouri cities? Any attorneys out there??

You would have to see what the Missouri Constitution states in Article VI. Is there a definition of "farmer" and "rancher"? That is part of your starting points.

 

[jujub41482]

Thanks for the info. I think I can still use a loophole in our bylaws that say at the very end of the statement "except as pets".

I haven't read the new law yet, I've heard it's long. Does anyone know if the law specifically states that it protects "All Missourians" or "All Missouri Farmers"?

 

[bfc3811]

The amendment is incredibly short - it's linked in the first post. It specifies "farmers" and "ranchers". But under Missouri law, if you own livestock or grow food, you're a farmer. The law does not require that you do it commercially or for revenue.