A Proposal

To Amend Henry County ULDC

June & Larry Stanley 3/19/2013

We propose the county code change to specifically protect the right to grow food crops and raise small animals on private property so long as such crops and animals are used for human consumption by the occupants, gardeners, or raisers and their households and not for commercial purposes.

This proposal was compiled using a study of ordinance citations from across the state listing specific requirements and qualifications for raising chickens, which we hope will see expanded to other egg producing fowl. We seek the ability to raise fowl (specifically chickens) in a residential backyard. We propose the following county code changes to specifically protect the right to grow food crops and raise small animals on private property so long as such crops and animals are used for human consumption by the occupants, gardeners, or raisers and their households and not for commercial purposes. Henry County Unified Land Development Code (ULDC) Section to be modified: Sec. 2.04.00. - Miscellaneous provisions, and Sec. 2.04.03: Keeping and raising of livestock. The keeping and raising of all farm animals and fowl shall be limited to property located within the RA zoning district and must have a minimum lot area of three (3) acres. Proposed modifications are intended to maintain compliance with Sec. 3-16-1: Nuisance; Sec. 3-4-1: Health and safety of persons and animals; and other applicable code sections. Proposed modifications: 1. That restriction to RA zoning districts and the requirement for three acres are removed from the ordinance. In their place, specific qualifications and restrictions are inserted to control but not prohibit keeping and raising specified livestock within all areas of unincorporated Henry County. 2. With regard to fowl, qualifications and requirements shall include: 2a. Allow fowl to be kept and raised in residential areas. 2b. Limit to no more than six (6) fowl in residential areas providing a lot area less than three acres. 2c. A coop is required for nesting fowl. Coop must be 25 inches from ground and 15 feet from any dwelling, and feed to be stored in rat-proof container. Birds may not run at large not under the control and restraint of the owner or the owner's designee. Enclosure must provide minimum of four (4) square feet per bird. Enclosure means any structure or device used to restrict an animal to a limited amount of space, such as a fence, pen, run, cage or natural (wood, stone, shrubbery) landscape barrier.

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2d. Coop / Enclosure may not be placed in a front yard in a residential area providing a lot area less than three acres. Protection of street-side appearance and curb appeal shall require that coop is protected from street view or lot must provide privacy fencing or natural (wood, stone, shrubbery) landscape barrier. 2e. Prohibition against keeping or raising rooster(s) where lot size is less than three acres. 2f. Animal waste will be controlled in a timely manner so as to provide sanitary and odor-free conditions. 2g. Veterinary care necessary to maintain the health of an animal based on the age, species, breed, etc.

Henry County Code allows the following:

One (1) miniature pig which does not exceed one hundred pounds in weight and one (1) miniature goat which does not exceed forty (40) pounds. Only one (1) miniature pig and/or one (1) miniature goat may be located on any premises and/or property which is less than three (3) acres in size. Property exceeding three (3) acres in size may have more than one (1) such animal. A license is also required and must be obtained from Henry County Animal Control Department.

County Code does not restrict owning and raising dogs, cats, hamsters, white mice, other caged birds (parrots, cockatoo, myna) even snakes!

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Yet none of those pet owners can say

My Pet Makes My Breakfast

Fresh Eggs Every Day
The appetite for locally grown food produced by people you know using methods you approve of grows stronger every day. You can't get more local than your own yard. When raising chickens for eggs, meat, or both, nothing goes into your birds that you don't controlno antibiotics, hormones, or genetically modified feed. Backyard chickens tend to be happier and healthier than factory-farmed ones, because they're often treated as pets, given room, and fed a much more varied and nutritious diet. In addition to chicken feed, owners reward birds with vegetable and fruit scraps from the kitchen. Many, like Jimmie Henslee of Dallas, grow garden greens just for their birds. Chickens allowed to run in the yard also eagerly hunt down protein-rich bugs. Due to these factors, their eggs contain less cholesterol and saturated fat and more vitamins, folic acid, and omega-3 fatty acids than those of caged birds. Their vivid, orange-yellow yolks resemble setting suns. Raising your own flock will also give you the added benefits of free garden fertilizer, natural insect control in your yard and garden, the freshest of eggs (free from any added chemicals). Poultry also are great livestock to start out with for the new homesteader. Urban Chicken Movement Many cities and towns are now allowing city dwellers to have as many as five or six hens in their own back yards inside the city limits. This is a new trend and it is making the news almost on a daily basis. And why not, caring for chickens is easier than most other pets and without a rooster in the mix; they are relatively quiet and make good household pets.

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POLL by Backyard Chickens:

http://www.backyardchickens.com/t/232357/official-byc-poll-why-do-you-have-chickensselect-all-that-apply

Pets Eggs Meat Fertilizer Bug Control

74% 91% 26% 36% 40%

Healthy Living
Raising and caring for home grown foods

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Home gardening includes a natural habitat

Nutrition
Chickens are the perfect starter livestock for your homestead whether you have a small backyard in an urban area or 20 acres in the boondocks. Chickens provide eggs, meat and fertilizer, plus theyre small and easy to manage. FEED IS THE KEY Health conscious people prefer a low cholesterol egg combined with the benefits of Omega 3 and Vitamin E for longevity and a healthy heart. The enrichment is done by giving special natural feed to the hen. The egg absorbs the nutrient properties from the hens diet.

Health benefits:
Omega-3 PUFA helps in the prevention and management of various human diseases like coronary heart diseases, hypertension, type 2 diabetes, etc. Omega-3 fatty acids decrease triglyceride levels Lowers blood pressure slightly Compared to market eggs, there can be up to 24% reduction in yolk cholesterol levels

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The diet of the laying hens can greatly affect the nutritional quality of the eggs. For instance, chicken eggs that are especially high in omega 3 fatty acids are produced by feeding laying hens a diet containing polyunsaturated fats and kelp meal. In general, eggs are the standard by which other proteins are measured. Egg protein is said to be the highest quality food protein known, second only to mothers milk. Eggs provide 22 percent of an adults daily requirement of choline, an essential nutrient for brain and memory functions, and egg yolk is one of the few foods that naturally contain vitamin D. Eggs offer carotene, calcium, iron, phosphorus, zinc, thiamin, B6, folate, B12 and pantothenic acid, to name just a few of their important nutrients. Although much of an eggs protein is contained in the white, its fat, cholesterol, and most of the other important nutrients come from the yolk. Eggs add protein to a person's diet, as well as various other nutrients. Chicken eggs are the most commonly eaten eggs. They supply all essential amino acids for humans (a source of 'complete protein'), and provide several vitamins and minerals, including retinol (vitamin A), riboflavin (vitamin B2), folic acid (vitamin B9), vitamin B6, vitamin B12, choline, iron, calcium, phosphorus and potassium. Although not as abundant as red meats, eggs are a source of CoQ10 depending on how they are prepared. All of the egg's vitamins A, D, and E are in the egg yolk. The egg is one of the few foods to naturally contain vitamin D. A large egg yolk contains approximately 60 Calories (250 kilojoules); the egg white contains about 15 Calories (60 kilojoules). A large yolk contains more than two-thirds of the recommended daily intake of 300 mg of cholesterol (although one study indicates the human body may not absorb much cholesterol from eggs.) The yolk makes up about 33% of the liquid weight of the egg. It contains all of the fat, slightly less than half of the protein, and most of the other nutrients. It also contains all of the choline, and one yolk contains approximately half of the recommended daily intake. Choline is an important nutrient for development of the brain, and is said to be important for pregnant and nursing women to ensure healthy fetal brain development.

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Georgia Right to Grow Act

House Bill 2, 2012 legislative session, known as the "Georgia Right to Grow Act
failed due to Georgias Constitutional provision against the state to legislate zoning laws. That role and function is reserved to local government.

Proposed changes to Henry County ULDC are intended to adopt the intent, privileges and protections provided by that proposed legislation. To wit, (b) No county, municipality, consolidated government, or local government authority shall prohibit or require any permit for the growing or raising of food crops or chickens, rabbits, or milk goats in home gardens, coops, or pens on private residential property so long as such food crops or animals or the products thereof are used for human consumption by the occupant of such property and members of his or her household and not for commercial purposes. (c) This Code section shall not prohibit or impair: (1) The authority of a local governmental entity to abate a public nuisance; (3) Any cause of action brought by a private citizen to abate a private nuisance under Code Section 41-2-4; or (4) Any private covenant or other private agreement restricting the use of real property."

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Georgia County / City ordinances

City County Alpharetta Albany Yes Yes No No Chickens Roosters Maximum Permits Required No No Restrictions Code

Coop Coop must be 25" from ground and 25' from any dwelling, feed in rat-proof container Coop must be 5' from owner's dwelling and 505 from neighbors. Coop - 100' from any lot line. Coop - may not run at large. Zoning & Coop Restrictions - 5 acres Zoning R-1 - secure enclosure Noise Ordinance Zoning Restrictions, Coop restrictions. Proximity, sanitation, noise ordinances

Section 10303 Sec. 10-103

Atlanta

Yes

Yes

25

No

Sec 18-7

Columbus

Yes

No

32 w/2 acres 4

No

Sec 5-42(1)

Savannah Chatham Marietta

Yes Yes

Yes No

No

Sec 9-5001

Macon Lilburn Bartow

Yes Yes Yes

No Yes

Yes No No

Sec 509 Sec. 10-13

Decatur

Yes

Yes

No

Sec. 14-8

Canton Cherokee Athens Clarke

Yes

Yes

No

Sec. 14-1, Ordinance No. 94-16 Sanitation, noise, and zoning ordinances Agricultural District only Sec. 5-8

Yes

Yes

No

Warner Robins

Yes

Yes

No

Valdosta Statesboro

Yes Yes

Yes Yes

No No

M-2 Zoning Only Noise ordinance, no running at large

Sec. 14-3 Sec. 10-4

Roswell

Yes

No

Yes

E-1 and E-2 Zoning, Proximity, noise, zoning, sanitation Zoning, sanitation, proximity, building Sec. 4-2

Rome

Yes

No

No

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City

County

Chickens

Roosters

Maximum

Permits Required

Restrictions

Code

Columbia

Yes

Yes

No

Coop, nuisance

Milton

Yes

Yes

75

Coop 4 sq ft per chicken, 25' from dwelling No Zoning, proximity, sanitation, noise Coop, zoning, proximity, sanitation, noise

Chapter 8 Section 15

DeKalb

Yes

Yes

Tucker

Yes

Yes

No

Dahlonega

Yes

No

No

Coop, zoning, sanitation, proximity, noise, building

Cumming

Yes

Yes

No

Zoning, coop, sanitation, proximity, noise, building Zoning, coop, sanitation, proximity, noise, building

Augusta

Yes

No

No

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