The Village of Weston

November 2, 2015 PUBLIC HEARING

This hearing was held by council as a part of the process to amend Village Zoning Ordinance 19- 97, as set forth by Resolution 2015-2. This would clarify stipulations related to the acceptable types of animals allowed within Village limits. The hearing was called to order by Mayor Jason Worthen at 6:00pm. Mrs. Danelle Langley, Mr. Jeremy Schroeder, Mr. Shad Kendall, Mr. Gregory Stevens, and Mrs. Dawn Blandy were present. Mrs. McClellan arrived at 6:05pm. The Mayor welcomed several resident visitors, and gave them each a chance to individually express their thoughts on the proposed amendment.  Tracy Hazelbaker (with her husband, James Hazelbaker) spoke first. She has 5 chickens, which she considers her pets, and feels we need to put rules on the books to make them just like cats or dogs. She understands people’s concerns, but feels that the chickens aren’t an issue when they’re kept properly contained.  Mike Damron stated that we do not need chickens in town. He lives near a property with them and says that it stinks, is disgusting, and he’s tired of it. He constantly has to get chickens out of his yard. He brought along a video he had taken of the property.  Lynn Mohler lives next to the same individual. He has nearly 40 chickens in his yard, and has a poorly constructed coop. She feels it is pure filth, and is disgusting and unbearable. Her husband, Jerry Mohler, stated that the smell is awful and they want action now.  Sue Geldy lives on Maple Street across from the aforementioned property. She feels that 4 or 5 chickens would be reasonable, but what they have is ridiculous. There are several ducks and dogs in addition to the chickens. The yard looks awful, it stinks, and feathers are everywhere.  Dave & Marie DeWitt, Taylor Street residents, don’t mind their neighbors’ chickens, but wouldn’t want roosters around. They feel that a reasonable limit would be acceptable. Marie would like to get 5 or 6, depending on what is passed.  Alicia Heyman (with her son) spoke next. She lives behind the Maple Street chicken man, and is frustrated with the odor and the general condition of the property. She has called the Sheriff before, and they’ve told her that if the chickens end up on her property, she can do what she wants with them. She thinks that if people want chickens, they should move to the country.  Rob Myerholtz lives across from Ms. Heyman, and said he didn’t know what the smell was until he talked to Mr. Damron. He pointed out that chickens draw predators (rats, raccoons, etc) and he doesn’t want those around. What we currently have in place is too broad to enforce, so when the Sheriff is called, there is little they can do. He suggested that we put the issue on the ballot in order to figure out what the majority is in favor of. He also asked for each council member to give their opinion on the issue at the end of the hearing.  Daniel & Tammy Ward, from Taylor Street, keep their chickens as pets. They are contained, provide them with eggs, and they don’t let them bother anyone. Daniel stated that “urban farming” has the full support of the EPA and limits the nutrient load on the watershed. He pointed out that the constitution leaves him the right to claim any other right not otherwise specified, as long as it does not infringe upon the rights of others; and he intends to do that. He will not be forced to get rid of his chickens, and warned council to be prepared for a legal battle if they decide to ban them.  Amy Perry, Main Street, would like to get some chickens, contingent on the outcome. In earlier times, they had victory gardens and chicken coops in order to provide for their families; it is healthy and should be allowed to continue. She understands that roosters would not be appropriate. She also felt it unfair for one person to ruin this for everyone.  Mindy Barnhart (with her daughter), stated that they currently have chickens as a 4H project. She understands where we’re coming from and appreciates the current zoning, but doesn’t feel it’s fair to limit chicken ownership just to 4H participants. She wrote a letter after the last hearing (which was distributed to council), which included sample ordinance wording that she felt would be reasonable. There should be permits, a registration/inspection process, strict guidelines to follow, and fines for those who do not. She suggested that we appoint a chicken inspector to enforce the regulations. She stated that people are currently confused about what they can and can’t do/have, so we need clear guidelines and enforcement.  Ruth & Jason Gahler, Main Street residents, are responsible owners of 6 chickens that fertilize their garden and provide them with eggs. The chickens came with the house and were there when they moved in. They agree that 4H is good, but don’t feel that chicken ownership should be exclusive to that. They understand the need for regulation, and think we should take a look at what other communities are doing. The 6 largest cities in Ohio allow chickens and have ordinances. They feel that a broad banning would infringe on the rights of the community. At this point, the Fiscal Officer was asked to read our current definition of “Livestock” which is: “Domestic animals kept for farm purposes, sale, or profit. Permitted only in an agriculturally zoned

areas. Exempt are domestic animals including dogs, cats, birds, rabbits, fish, guinea pigs, other domestic rodents, and approved 4H project animals.”  Irene Souvenir stated that she is a neighbor of the Gahlers, and has never had any problem with their chickens and didn’t even used to know they were there. She used to live in San Antonio, TX (7th largest US city), where chickens were allowed. She would like to get chickens, but it sounds like one guy is messing it up for everyone. After finding out the size of his lot, she referred to the situation as “inhumane”.  Bruce & Shelly Burkhart, Taylor Street, have 6 hens, 1 rooster, and 3 ducks. They have a large lot with a pond and a barn, suitable for their animals. They recently moved here from Waterville, and like that Wood County is a farming community. They’ve talked to each of their neighbors, and none have had an issue with even the rooster. They are 100% in favor of responsible ownership. They feel that cats are more of an issue in town than chickens.  Ken Taylor, prospective zoning board candidate, was in attendance to observe. He is against chickens, but sees that some people are doing a good job. He looked up the regulations for chickens in San Antonio and said that they limit the number to three (3), AND they have to be at least fifty (50) feet away from other homes.  Katie Sargent and Richard Daubert spoke next, citing that they are likely the reason everyone is complaining. Katie said that the Health Department, Humane Society, and the Animal Cruelty Division have been out and have told them to build another coop. They’re in the process of doing that. However, they’ll probably move the chickens elsewhere because of all of this. Richard said that he knows he went overboard this year, and had 33 at one time. He has downsized his flock and is now only has 11 pullets and some ducks. The Mayor read a letter from Dennis & Bonnie Ebka, who were unable to attend. They are not in favor of chickens due to the noise and smell, and feel they could decrease property values. Council then gave their individual opinions on the issue:  Mrs. Langley is not in favor of chickens/livestock. Her daughter has chickens, but lives outside of town. She feels that if you want chickens, you should live in the country.  Mrs. McClellan stated that she was previously against this, but after listening to people talk about how much it means to them to have chickens, she’s changed her mind. She knows we would need specific rules in place and would expect owners to be responsible.  Mr. Schroeder is against any type of chicken ban, and doesn’t feel that we should have the right to do that. He would like for us to pass something that addresses both noise and smell, and allows 6 or 8 of them to be kept properly contained.  Mr. Kendall thinks that we need laws for chickens. It’s not fair to let people have them for 4H, while not letting others have any. We should limit the number and establish a distance from the property line.  Mr. Stevens thanked everyone who came out. He is personally against chickens, and wants to change the definition so that it is “clear cut” and enforceable. He pointed out that the spirit of the law is to prohibit livestock, but it’s gotten by due to some gray area.  Mrs. Blandy does not like chickens. Her neighbor has quite a few ducks, chickens, and turkeys that are loud and smell bad. If the individuals were to be responsible and only had a few, she would be okay with it. A few final comments were then allowed before the end of the hearing:  Irene Souvenir said that her property is a farm and used to be outside of city limits, but something changed and it is now inside the Village. She feels that the size and location of the property should be taken into consideration. She used the trailer court as an example.  Mike Damron showed the video of his neighbors’ property that he had mentioned earlier. He said that they are not responsible and he wants them out of town. The Mayor thanked everyone for coming out and said that all comments would be taken into consideration. The hearing was adjourned at 7:02pm.

Sarah Schroeder, Jason Worthen, Fiscal Officer Mayor