Sunday, August 04, 2013

Legal Chicken Fight


It seems that Tom Sandman, our Zoning and Code enforcement officer, has defined a chicken as a pastoral animal under the present township ordinance.  That means that two acres of land are required for the first two "grazing" chickens and one half acre for each additional chicken.

Jack Piper, of Nesco, has had chickens in the past and has lived in the township on his almost one acre lot since 1969.  He has 12 chickens and a rooster.  Under this ruling, he would need 7.5 acres for his ravenous brood.  He was ordered by Sandman to get rid of his fowl by July 31st or face fines.
The chickens are in an enclosed structure with a fenced outside run and are not roaming free.  The video shows happy, healthy and well cared for birds.

At a recent township meeting, armed with a petition signed by more than 100 residents, Piper asked the committee for help so he can keep his flock.

Ed Hagaman, Director of Housing and Development, instructed Sandman not to take any action on Piper's brood until the Committee consults with an attorney about defining chickens as pastoral.
Read the interesting article at: link fixed
 http://www.pressofatlanticcity.com/news/press/atlantic/mullica-township-chicken-owner-fights-to-keep-his-fowl/article_e3db604b-8631-5c6e-b478-059ad3e2f0da.html

Among the interesting comments on the Press, one by Mark Demitroff really should be considered:
"Buena Vista Township's ex-Mayor also tried to prevent a resident of Richland from raising chickens and the Township lost that expensive case.  This is a Pinelands National Reserve (PNR), and the ruling Comprehensive Management Plan "preserves, protects, and enhances the natural and cultural resources" of this place.  Raising poultry is a well-established traditional land use.  If people have a problem with this, they should consider a more urban environment like Cherry Hill or Linwood."

If this is a factual statement, it would be advisable for the Solicitor to look into this matter before any action is taken.  Mullica doesn't need to be spending a ton of money on more lawsuits.

9 comments:

Anonymous said...

Those chickens must have a "D" engraved on their leg bands.

Anonymous said...

Typical Tom Sandman. It's called selective enforcement. I've got probably 40 turkeys and as many deer that graze on my back field I guess I better watch out for the code Nazi

Anonymous said...

Number 1, I am NOT a Sandman friend. Number 2, there is a reason that towns have rules about the amount of property you need for livestock. Back in the day before we had laws, folks in Wharton Park and other area were besieged by roosters and chickens and the complaints poured in. I wouldn't want chickens next to my home, and if even one neighbor complained , that should be enough. I always thought Sandman liked this guy, he allowed him to put a shed up on a residential property that operates as a gift shop with no board approvals. What started off as a small craft business has blossomed into candles, clothing , furniture and yes.... Fresh eggs for sale! I know there are going to be mixed comments on this issue, but from what I see and how Mr Piper has been treated by Sandman in the past, I think Tom has been good to him!

Anonymous said...

Keep chickens on a farm , or at least on a few acres. They don't belong in a residential area. Thank you.

Anonymous said...

Great line "Sandman let him" . It's not up to Sandman to determine if he lets someone do something. He's suppose to follow the ordinances of the township but he picks and chooses who he wants to enforce these rules with. It's politics as usual in this township.

Anonymous said...

to 3:03 pm
You've presented a pretty good example of the type selective enforcement that has made Sandman a legend in this town.
Maybe the complainer is higher up in the pecking order

Anonymous said...

Piper handled this wrong. He should have offered the rooster and a lifetime supply of eggs to Tom's Place. Problem solved.

Anonymous said...

I don't see how anyone can define a chicken as a pastoral animal. They will have to make an amendment or new ordinance.
I would rather my neighbor have a coup with a few chickens than feed a bunch of cats that destroy my property.
How about a law that states if you feed an animal, it's yours and cats require a license,rabies shot and a neuter or spay certificate?

Anonymous said...

Lifetime supply of eggs may have worked! As far as selective enforcement, goes on all the time. And has for years with all of them. Zoning officers have the power to approve at their " discretion", hence the eggs may have worked. A lot going on on that little piece of property.