Fate of Resident’s Hens Rests With Dearborn Council

Dearborn’s city ordinance allows residents to keep cows, horses, pigs, goats, pigeons, fowl or other harmless domestic pets so long as the homeowner first obtains a permit from the city health officer.

At least that’s what is written into Part II, Section 4-1 in the city’s ordinance books. In reality, the process isn’t as black and white as Dearborn’s code of ordinances would seem to suggest.

Dearborn City Council must now decide whether or not to issue a permit for these hens.

Dearborn resident Syeda Akbari has been waiting since May 2009 for city leaders to make a decision on whether she can get back her 10 pet hens that she kept in her garage so she and her children could enjoy fresh eggs each morning. The city asked her to remove her hens from her garage last summer, apparently after a neighbor complained, one city official earlier told us. 

Since then, she, well, has gotten nothing but the runaround. The city’s health officer has pushed her permit request to the city’s legal department and the city’s legal department has pushed the request to city council, drafting a paper telling our group of elected officials they would need to construct a new ordinance. But the council, at the direction of President Tom Tafelski, has decided to sit on the legal department’s paper, apparently hoping the chicken permit request would just go away. And that is where her request currently sits.

“I am feeling a bit frustrated,” said Akbari, whose hens are with a friend who lives nearly two hours away. “Why are they making this so complicated? I really love gardening and fresh vegetables and being able to have fresh eggs would be wonderful.”

Akbari is not alone in her love of fresh eggs from backyard pet poultry. Hens are popping up in the yards of urban homes in Michigan cities and across our country. Ann Arbor and Ypsilanti allow them. Lansing recently approved the same, allowing up to five hens in the city, and even Royal Oak permits residents to have backyard poultry. 

Having hens has become the ultimate symbol in being “green” these days. Hens produce eggs, take care of kitchen leftovers and add manure to compost piles. Poultry also are great at controlling cockroaches, grubs, tomato horn worms or just about any other pest you don’t want in your yard or garden, according to poultry experts. There also is a website dedicated to urban chicken owners, aptly named www.urbanchickens.org

An article last fall in the Washington Post said this about urban residents and fowl: “raising backyard poultry has suddenly become as chic as growing your own vegetables. It’s all part of the back-to-the-land movement whose proponents want to save on grocery bills, take control of their food supply and reduce the carbon footprint of industrial agriculture.”

Dave Belanger, publisher of the magazine Backyard Poultry, says that chickens have become America’s cool new pet. When he launched his magazine more than three years ago, he told The Washington Post that he thought subscriptions would be between 15,000 to 20,000. The print run for his bimonthly is now more than 100,000.

The New Yorker magazine in its September 28, 2009 edition did a feature story about America’s renewed love affair with poultry using this headline:The It Bird.”

“Chickens seem to be a perfect convergence of the economic, environmental, gastronomic, and emotional matters of the moment,” Susan Orlean wrote in The New Yorker. “In the past few years they have undergone an image rehabilitation so astounding that it should be studied by marketing consultants.”

Poultry, minus roosters, are hardy birds (quieter than some neighborhood backyard dogs at 5 a.m.) and can be kept year-round in a chicken coop, which is what Akbari says she did. In fact, her hens became a positive family project, with her husband building a coop for them last summer in their garage and her children feeding and gathering fresh eggs from her backyard birds.

“They are crazy about the hens, my boys,” said Akbari, who is willing to reduce the number of hens she had to just five if necessary. “It is a complete positive project. It can be positive for any family. It is the same hobby as someone gardening. My boys love it.”

Well, elected city council members, what’s it going to be? Does our city ordinance allow hens or not?

DeepSaidWhat.com welcomes your views and encourages lively -- but civil -- discussions. Comments are unedited, but submissions reported as abusive may be removed.

  • No Chickens

    I don’t see the connection people are trying to make with harvesting chickens and having pets. Using a pet dog as and example to be equal with having 10 to 20 chickens for eggs and meat is ridicules. If you want to have one chicken as a pet, ok I get that. But comparing a single dog, or single cat with a pen full of chickens is idiotic. You wouldn’t be allowed to have 10 – 20 dogs in a pen in your back yard, so no chickens either. As stated before, lack of common sense is flowing strong through this thread.

  • cloe

    Mark Dearborn – Okay, had to answer you. Please, someone correct me if I am wrong. Does not the current rule allow, with a permit, the keeping of chickens. Like I said before, write your mayor and council people if you want it changed. As for now, it is allowed. The rules are not “in your favor” at present.

  • Nuggets

    I called the health department and the only permit in Dearborn that allows chickens belongs to Greenfield Village. That makes sense. The state law to my understanding requires permision from each neighbor around. That’s good because I would tell my neighbor no way.

  • neighbor

    I have lived in Dearborn all my life infact my gandfather use to be the dog cather without title and my grandmother had a home in the country aswell and over 50 years ago pets like chickens were never allowed. Maybe you can try to get a permit but having chickens is something I have never known of and I am old. When my grandfather had animals that did not belong we took them to the country and found them homes.

  • It is simple

    I think it is not as complicated. The way I understand the story, one family put some chickens in the garage, and they were unaware of the fact that they need permit to keep chickens. Some neighbor complained. City asked them to remove chickens. They removed the chickens. Kids were attached to chickens. The lady tried to get permit to keep those chickens. Some city residents think it is ok and some think it is not a good idea. It is mentioned in the article that some cities close to Dearborn do allow chickens. The lady according to the ordinance tried to get permit. I see no harm done yet in trying to get permit. If the permit requires signature permission by neighbors, it is each neighbor’s right to reject or give permission. Let’s see what city has to say. City should not have prolonged it so much.

  • G_Man

    The average chicken lays 1/2 a egg a day. 10 chickens would yeld 35 eggs a week, 140 a month, and 1800 a year. Is this lady really eating that many eggs?

  • chel

    As Deep said in the beginning of this post keeping chickens has become an increasingly popular practice. As a resident of Dearborn I support a permitting process for the rearing of chickens. We have bee keepers within city limits. We have organic community gardens. We have maple syrup tapping. “Agricultural” activities are already happening within our borders. What is not happening within our borders is easy access to fresh organic produce year round.
    The nutritional quality, taste, and texture of eggs of free range chickens with a varied diet is superior to grocery store varieties. Head to Ann Arbor this Saturday and buy eggs at the Kerrytown farm market. They don’t even crack quite the same way. It’s nice that Dearborn has a farm market in the summer… although it is very small and limited. But for families that have chosen a different lifestyle but have chosen to live in this city it isn’t sufficient.
    The poop doesn’t have to be a nuisance. It is a great source of nitrogen in compost. You can buy chicken poop in Dearborn at a premium price. They sell it as organic fertilizer at English Garden and Home Depot. Great for asparagus.
    Learn a little more before you condemn the process.

  • Donna Hay

    City doesn’t know how to make important decisions!!!!!

  • Simple Math

    10 chickens x 1/2 egg per day = 5 eggs per day. Just enough for a couple to have eggs for breakfast daily. Since they have kids they could easily use that amount.

  • Lol !!

    @G_Man. Lol! ha ha ha..what is 1/2 a egg?? :) ) 35 eggs a week.. ok lets reduce the number :) as the article says she would be happy with 5 too. So is 5 or 7 ok??
    I beleive city doesnt have any restrictions on 3 cats and 2 dogs (altogether 5)? or do they?

  • Happy Here

    State law requiring permission from neighbors … does anyone know where I can find the wording of that law? First I’ve heard of it.

  • chickens smell

    No matter how you slice it, chickens are dirty animals and don’t belong in the city. Just go visit a petting zoo, they always smell; and those are cleaned daily. This would’t be a fair practice for ones neighbor’s for some fresh egg’s. Even with just 5 chickens, I highly doubt this family would eat 18 eggs a week or about 1000 a year; that’s a lot of eggs. One thing you need to keep in mind, most of the cities mentioned above that allow chickens like Ann Arbor have areas in the city that have lots that are a few acres large. Dearborn’s average lot size is 50 ft x 100 ft, far smaller than a few acres. I do know this from personal experience, Dearborn is very strict about bird feed getting on the ground because it attracts rodent’s including rat’s. I ended up getting rid of my bird feeder because it was impossible to keep the birds from getting feed on the ground while they eat. After actually seeing a rat one night, that was the end of that. No way would chickens be any different.

  • NOooooooooooooo

    Maybe the people above who support the chicken family would be so kind to offer them to keep the chickens at their home. That would save them a 2 hour drive. I wonder if their position would change if their neighbor was the one wanting chickens; I bet it would. My elderly mother was forced to get rid of her bird feeder by the city. I will have a huge problem if they are allowed to have the chickens. I wonder what a animal rights group would have to say about this?

  • Donna Hay

    Noooooo, what reason did the city give to your Mother? I know you can’t put the food or seed on the ground. My neighborhood is filled with feeders for the birds and the squirrels.

  • chickens smell

    Alllowing chickens would decrease the value of houses in Dearborn, we don’t need anymore of that. It’s not the waste that is the problem with chickens, it’s the feed. Can you emagine what would happen if every pet in Dearborn was fed out side? That would create a huge mess. We would have more than a rat problem. This seems harmless up front, but in the end, a bad idea.

  • Happy Here

    I do not believe that Dearborn has restrictions on the number of dogs and cats that an individual can have … I believe that the rule of 5 (number of cats and dogs combined) that was referred to is a Dearborn Heights ordinance.

    By the way, dogs are dirty too and we allow them. Just saying … it’s not about the type of animal, but about the care that the animal is given by it’s owner that makes it an issue.

    I have a family of 5, we go through about 2 dozen eggs each week.

    NOooooooooooooo … animal rights group? I’m confused as to why they would have any opinion on responsible individuals caring for animals in a way that is more humane than the industry that most of us support when we buy our eggs at the grocery store.

  • Happy Here

    Ann Arbor’s chicken ordinance:

    9:42. Keeping of chickens.
    (1) Any person who keeps chickens in the City of Ann Arbor shall obtain a permit from the City prior to acquiring the chickens. No permit shall be issued to a person, by the City, and no chickens shall be allowed to be kept unless the owners of all residentially zoned adjacent properties (as defined below in subsection (3)j.) consent in writing to the permit and this consent is presented along with an application for a permit. Written statements waiving the distance requirement in subsection (3) below shall also be submitted at the time of application and become a part of the permit if issued. Application shall be made to the City Clerk and the fee for the permit shall be as determined by Council resolution.
    Permits expire and become invalid 5 years after the date of issuance. A person who wishes to continue keeping chickens shall have obtained a new permit on or before the expiration date of the previous permit. Application for a new permit shall be pursuant to the procedures and requirements that are applicable at the time the person applies for a new permit.
    (2) Notwithstanding the issuance of a permit by the City, private restrictions on the use of property shall remain enforceable and take precedence over a permit. Private restrictions include but are not limited to deed restrictions, condominium master deed restrictions, neighborhood association by-laws, and covenant deeds. A permit issued to a person whose property is subject to private restrictions that prohibit the keeping of chickens is void. The interpretation and enforcement of the private restriction is the sole responsibility of the private parties involved.
    (3) A person who keeps or houses chickens on his or her property shall comply with all of the following requirements:
    a. Have been issued the permit required under subsection (1) of this section.
    b. Keep no more than 4 chickens.
    c. The principal use of the person’s property is for a single-family dwelling or two-family dwelling.
    d. No person shall keep any rooster.
    e. No person shall slaughter any chickens.
    f. The chickens shall be provided with a covered enclosure and must be kept in the covered enclosure or a fenced enclosure at all times. Fenced enclosures are subject to all provisions of Chapter 104 (Fences).
    g. A person shall not keep chickens in any location on the property other than in the backyard. For purposes of this section, “backyard” means that portion of a lot enclosed by the property’s rear lot line and the side lot lines to the points where the side lot lines intersect with an imaginary line established by the rear of the single-family or two-family structure and extending to the side lot lines.
    h. No covered enclosure or fenced enclosure shall be located closer than 10 feet to any property line of an adjacent property;
    i. All enclosures for the keeping of chickens shall be so constructed or repaired as to prevent rats, mice, or other rodents from being harbored underneath, within, or within the walls of the enclosure. A covered enclosure or fenced enclosure shall not be located closer than 40 feet to any residential structure on an adjacent property provided, however, this requirement can be waived as follows:
    (i) If the principal use of applicant’s property is for a single-family dwelling, to obtain such a waiver the applicant shall present at the time of applying for a permit the written statements of all adjacent landowners that there is no objection to the issuance of the permit.
    (ii) If the principal use of the applicant’s property is for a two-family dwelling, to obtain such a waiver the applicant shall present at the time of applying for a permit the written statements of all adjacent landowners and of the occupants of the other dwelling stating that there is no objection to the issuance of the permit.
    j. For purposes of this section, adjacent property means all parcels of property that the applicant’s property comes into contact with at 1 or more points, except for parcels that are legally adjacent to but are in fact separated from the applicant’s property by a public or private street.
    k. All enclosures for the keeping of chickens shall be so constructed or repaired as to prevent rats, mice, or other rodents from being harbored underneath, within, or within the walls of the enclosure.
    l. All feed and other items associated with the keeping of chickens that are likely to attract or to become infested with or infected by rats, mice, or other rodents shall be protected so as to prevent rats, mice, or other rodents from gaining access to or coming into contact with them.
    m. If the above requirements are not complied with, the City may revoke any permit granted under this section and/or initiate prosecution for a civil infraction violation.
    (4) A person who has been issued a permit shall submit it for examination upon demand by any Police Officer or Code Enforcement Officer.
    (Ord. No. 08-19, § 2, 6-2-08, eff. 8-7-08)
    9:43, 9:44. Reserved.

  • gr8chickenlady

    chel @you are so correct. I remember I saw bags of those fertilizers at English gardens and at Home Depot too. They were pretty costly than usual fertilizer. Wow I can’t imagine having free fertilizer from my own chicken coop for my flower beds and vegetable bed at NO COST. I can just dream of doing it with open eyes in my backyard and front yard.

    Happy Here @I tried to find the wordings but actually state law doesn’t require permission from neighbors. It only gives space requirements and requirements of feeder and waterer for keeping them. Different cities have some distance requirements. For example Royal Oak,MI Only requires owners to keep chickens contained or in pen on their property. Other cities require different things which range from 5 feet from adjacent property line to 15 feet or 20 feet from closest dwelling.

    In a quick search I found these few cities which already allows different number of chickens with or without permit.

    SanFrancisco; No permit for 4 or fewer chicken ;20 ft from any door or window
    Anaheim; Unspecified number of chickens with annual permit.
    San Jose (California)Allows upto 6 chickens with out permit: roosters are prohibited when they are more than 4 months old. Permit is required for more than 6 chickens. 15 feet from neighboring structures
    Oakland, CA. Keep chicken enclosed, & 20 ft. from any church or school.
    Petaluma, CA. Up to twenty animals. Chickens must be kept five feet from a neighbor’s fence or property line, and they must be kept 20 ft. from neighboring dwellings.
    San Mateo, CA. Keeping chickens requires a permit here. Up to 10 hens per household. Chickens must be kept in an appropriate pen/coop
    Alpharetta, GA. There is a 75 chicken maximum.
    Atlanta, GA. Chickens are allowed here.
    New Haven (Title III,Ch.7 ,Sec7-2)No prohibition on keeping chickens in city; chickens cant roam at large
    Chicago (Title 7,Ch-7-12,Sec 7-12-300)No prohibition on keeping chickens in city; cannot kill chickens in the city.
    Wichita (Chapter 6, Sec. 6.04.157) Upto 3 fowl without permit; upto 12 fowl with 25$ fee for annual permit. UPDATED recently for 5 fowl WITHOUT permit.
    Belmont, MA. Allows up to 5 hens
    Brockton, MA. Hens are allowed, but roosters are not.
    Somerset, MA. No limits on the amount of chickens allowed.
    Baltimore City, MD. You can have up to for hens with permit, no roosters.
    Ann Arbor, MI. An ordinance was approved on June 2, 2008. Up to 4 hens are now allowed with permit.
    Lansing, Capitol of MI. Recently approved the keeping of 5 city chickens, with permit
    St. Louis, MO. You can keep up to 4 chickens without a permit. If you want to keep more, you must file a permit with the Health Commissioner.
    San Antonio (Chapter5 ,Art.V , Sec. 5-109)The total number of domestic fowl(chickens) allowed at a residence is 5. More need a permit.
    Houston (Ch;6.Art.II Sec.6-38 )7 or fewer chickens with permit if person under doctor’s orders for fresh chicken eggs
    Royal Oak, MI (http://ecode360.com/?custid=ro2029)Chickens must not be allowed to run at large within the limits of the City. No restriction on number or roosters.
    Flat rock (Chapter 14, Article 1, Sec 14.4)Fowl can be kept within the city commonly classified as pets.
    Ypsilanti,MI allows 4 hens with permit.

  • chickens smell

    Wow, that’s not many places that allow chickens. It looks like 99.9999999 percent of the cities in this country have it right and don’t allow chickens. Also out of the ones that do, 98 percent of them are in another state. The city does not like feed on the ground, I don’t think there are many bird feeders that don’t end up getting feed on the ground. What it comes down to is which neighbors complain or not.

  • NOooooooooooooo

    The city got my mother on the feed falling on the ground. What it really came down to is the neighbor complained. Happy, no way are dogs as dirty as chickens. Anyways, if I were to keep 5 hunting dogs locked up in my backyard all year round. If the neighbor complained, I guarantee the city would make me get rid of them. Let me ask this to all the people who want chickens. Would you all have a problem if I lived next to you and wanted to have a couple of cows? 1 for future meat and the other for milk. I also would like a pig and two chickens, those would be for the bacon and eggs along with some ham. That would only total 5 pets. Well, maybe I would settle with 5 chicken hawks for pets.

  • chickenpoop

    I read how good the piles of chicken poop will be for fertilizer. Just even more reason not to allow them. Do you know how bad that would smell during summer. Case closed, no chickens……we live in a city

  • A Chicken in Every Pot

    Barely mentioned in the comments is why the city has taken over 9 months and still has not given this lady an answer. Last year neighbors were horrified to see several healthy oak trees removed by a homeowner inspite of the existing tree ordinance. When questioned the mayor said they were near the end of their lives. Not a word in the ordinance about anticipated demise of trees as reason for their removal. The mayor and council president also stated they needed to consider individual property rights. Why have ordinances if the administration is not going to follow them? Personally, chicken manure stinks and I would not want to smell it continuously being spread around my neighbor’s yard. I also wouldn’t want to look out my window and see some ugly shack being used as a chicken coop. While a few people will take better care of their chickens than themselves and purchase a high end “designer” coop most people would not keep the coop clean and not provide the care chickens need. Sorry, more risks than benefits to allow chickens on our small city lots.

  • oldalldayschoolmom

    My neighbor who takes very good care of her property and is an animal lover was given a citation/fine by the city for ground feeding birds and squirrels. She is fighting it through an attorney.

    As usual, the problem is the inconsistency with which city ordinances are enforced or not enforced.

    If chickens are allowed in houses, and seeing eye horses, what is next?

    Why don’t we just apply to the United Nations to become considered a Third World Nation within a nation?

    At least then we would be eligible for federal funds and funding from world relief organizations.

  • Shady

    Gee, was that an attempt at an insult!