State Definitions and City Ordinances With a little research we can learn what the meaning of key words are in the state of West Virginia and then re-read our ordinance... With that information the ordinances make perfect sense! The state of West Virginia defines POULTRY as a bird (not just chicken) raised for human consumption byproducts of poultry is their carcass meat the state specifically EXCLUDES eggs. Poultry is a bird raised for MEAT. (definitions can be found on this state website see (cc) through (gg): legis.state.wv.us/wvcode/ChapterEntire.cfm?chap=19&art=2B§ion=2)When reading the state definitions and applying them to our ordinances it all falls into place. The next section of our ordinance 505.06 (a) goes on to discuss caring for COOPS, the one after that 505.06 (b) forbids POULTRY houses. A poultry house is generally an indoor area that houses 100s-1,000s of birds in confined space. If you read The Fayetteville ordinance you will notice several words used regarding domesticated birds, fowl, poultry, chicks, goslings, ducklings etc. You will also see that COOPS are permitted while POULTRY HOUSES are not. There is an entire subsection specific to maintaining coops and the following subsection states NO POULTRY HOUSES. So here in lies our confusion this summer. Isnt poultry all chicken one person might ponder?Why would law makers write something that seems so completely at odds with itself? Here is the FAYETTEVILLE ordinance as written (conwaygreene/fayetteville/lpext.dll?f=templates&fn=main-hit-h.htm&2.0 type in poultry in the search area) : 505.05 CERTAIN ANIMALS AND POULTRY PROHIBITED. No person shall keep, harbor or maintain within the Town any horse, cow, bull, swine or POULTRY (emphasis added). (1973 Code §4-2) 505.06 STABLES; PENS; COOPS. (a) Each stable, pen, COOP (emphasis added) and other enclosure or place where any animal or FOWL (emphasis added) is kept shall be so located and of such construction as to have sufficient sanitary drainage to keep it dry at all times; and it shall be the duty of each person owning, harboring or keeping any animal or FOWL to maintain such enclosure or other place where such animal or FOWL is kept in a clean and sanitary condition at all times, free of any unwholesome or offensive substance, liquid or odor and so as not to constitute a nuisance. (b) No stable, POULTRY HOUSE (emphasis added) or pen, cow pen or pigpen shall be constructed within the Town; provided, that any stable, poultry house or pen, cow pen or pigpen in existence as of June 18, 1953 and which has continued to be in such use as of the effective date of this section may continue to be used if it is not closer than one hundred fifty feet to any dwelling or public street.(1973 Code §4-4) ..... I skipped the next several as they are regarding rabies and dogs etc......here we go into disposing of fowl aka domesticated birds and other animals in town. If chickens were forbidden we would not need instructions on how to dispose of them either: 505.13 DISPOSITION OF CARCASSES. (a) When any animal or fowl dies within the Town, its owner or the person in charge thereof, upon knowledge of its death, whether the death occurred on his own premises or elsewhere, shall without delay bury the carcass of such animal or fowl or otherwise dispose thereof in a lawful and sanitary manner so that such carcass shall not become a public nuisance, and failure so to do shall constitute an offense. (b) When the owner or occupant of any premises in the Town ascertains that the carcass of an animal or fowl is upon his premises, he shall forthwith notify the owner or person in charge of such animal or fowl, if known to him, and if such owner or person in charge be unknown, he shall without delay bury or otherwise dispose of such carcass in a lawful and sanitary manner so that such carcass shall not become a public nuisance, and failure to do so shall constitute an offense. (c) Animal and fowl carcasses found upon the streets or sidewalks or in other public places shall be taken up under the direction of a Town officer designated by the Town Superintendent and shall be buried or otherwise disposed of in a lawful and sanitary manner so that such carcass shall not become a public nuisance. (1973 Code §4-5) ....skipped a couple dog related items... here we are selling baby chicks... Cant have beby chicks if chickens werent allowed... right? 505.16 SALE OF FOWL AND RABBITS. (a) Sale or Raffle of Artificially Colored Chicks or Rabbits Prohibited. No chick, duckling, gosling or rabbit that has been dyed or otherwise colored artificially may be sold or offered for sale, raffled, offered or given as a prize, premium or advertising device, or displayed in any store, carnival or other public place. (b) Restrictions on Sale of Chicks. Chicks, ducklings and goslings younger than four weeks of age may not be sold or offered for sale, raffled or offered or given as a prize, premium or advertising device, in quantity of less than six birds to an individual person. c) Care of Chicks Offered for Sale. Stores, shops, vendors and others offering chicks, ducklings or goslings for sale, raffle or as a prize, premium or advertising device, or displaying chicks, ducklings or goslings to the public, shall provide and operate brooders or other heating devices that may be necessary to maintain the chicks, ducklings or goslings in good health and shall keep adequate food and water available to the birds at all times. NOTICE THAT ALL SECTIONS WERE WRITTEN IN THE SAME YEAR, MEANING THEY HAD SPECIFIC MEANINGS AND NOT SOME GENERATIONAL MISUNDERSTANDING. CLEARLY CHICKENS, COOPS, AND CHICKS ARE ALLOWED.The reason this made sense to them, and now to you and I, is that they had definitions for what those words meant so it made perfect sense TO THE AUTHORS.
Posted on: Mon, 04 Nov 2013 14:58:39 +0000