Here’s a case I’ll be watching with interest.

NJ.com

Residents cry fowl over no-chickens rule in Denville

A group of residents are planning to challenge a township ordinance barring them from keeping live chickens on their property, because, they say, these animals are their pets — not their dinner.

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According to the ordinance, “farming shall mean the use of land for agricultural or horticultural use or for raising poultry or domesticated livestock.” The ordinance further states that “all pastoral farm animals and fowl shall be contained within a building or fenced enclosure which shall restrict animals or fowl a distance of at least 250 feet from any property line and shall be permitted on a tract of land of five acres or larger in area. This shall not be construed to permit commercial piggeries. The regulations in this subsection shall not restrict house pets.”

“We think they’re house pets,” Cunningham said. “Raising poultry isn’t allowed (under the ordinance), but we think of it the same way as (people raise) rabbits or homing pigeons, both of which stay in a hutch outside.”

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At a Dec. 2012 meeting, resident Dave Pateman tried to discuss the zoning inspector’s interpretation of the ordinance barring pet chickens, but he was advised by the municipal attorney to file an application before the zoning board, and told he may wish to request a zoning variance.

Months later, Wayne Pacconi, a member of the Green Sustainability Committee, the Open Space Committee and the Environmental Commission, made a presentation at the Sept. 2013 council workshop meeting, encouraging the township to develop an ordinance that would allow the raising of backyard chickens.

Pacconi told the township that Sustainable New Jersey, a certification process for municipalities that want to green, was highly in favor of the raising of backyard chickens, and awarded 30 points in the certification process to towns that allow the birds. At least 150 points are required for bronze certification under the program, and 300 points are required for silver certification.

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Council members Christopher Golinski and Deborah Smith both said Meredith Petrillo, the township’s animal control officer, needed to be included in the conversation, according to the minutes.

Ward told NJ.com in an email that there was not majority support amongst the governing body when the issue of amending the ordinance was raised last year due “to some of the negative consequences brought on by chickens.”

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