BP is going to the Dogs....um, make that Chickens

This week our infinitely moronic commission voted to allow residents to maintain livestock, i.e. backyard chickens due to some interpretation loophole found in the ADA regarding support animals. 

My question for those reading this is how would you feel living next door to a chicken coop housing multiple animals? Do you think this may affect property values, your quality of life, or the desirability of someone looking to buy into the Village? How about someone you’re looking to sell your house to?  

For these are the common sense questions this commission ignored.

The vote was 4-1 with Dan Samaria voting against. And of course Tracy didn’t recuse herself from voting as a “conflict of interest” due to her maintaining chickens (or have in the past) and as one who also requires an emotional support animal.

Background

The owner appeal before this commission on Regular Commission Meeting of June 04, 2019 to seek a special exception to chapter 3, article 1, sec 3.3 of the code of ordinances that states: The raising or maintaining of poultry, rabbits, pigeons, goats, cows, horses, pigs, white mice, or any grazing animal in the village shall be prohibited, however, the commission is authorized to grant special exception to this section subject to the imposition of special conditions upon showing and finding that they are not detrimental to environment. 
 

Proof was submitted to the commission (see below) confirming that chickens are considered a potential detriment to the environment, (CDC article and others) so that condition was met. This should have ended this request as there is no language in the code addressing any doctor’s note to be used as an exception, just the “finding that they are not detrimental to environment.”  

This was proven, but disregarded entirely.

 
Salmonella and Campylobacter are common public health hazards potentially associated with chicken contact. These bacteria are carried by healthy chickens and are communicable to people through direct contact, exposure to manure, or consumption of undercooked chicken and eggs. Intestinal bacteria from poultry can infect humans and cause urinary tract infections. The intestinal bacterium Enterococcus faecalis can transmit from chickens to humans, causing urinary tract infections. This discovery is yet another example of how emerging infectious diseases in humans often stem from animals.

More here: https://www.cbsnews.com/news/backyard-chicken-poultry-flocks-human-health-risk-cdc-warns/

This code violation was submitted last November. The doctor’s note stating that the residents “support animal are backyard chickens” was dated 12/26/18 one month after the citation. However, the chickens had already been here for nearly one year before any doctor’s note was ever produced. Maybe it’s just me, but this whole thing looks like the resident just asked for the doctor's note (1 year later and after being reported) to support their decision to raise and maintain multiple chickens.    

 

From the code officer: “I cited this homeowner on November 26, 2018 (point of reference is they never came before the code board- MH) when you made me aware this existed.  However, the homeowner requested to apply for a Special Exception, which this request is allowed per our code. (Again, look at the exact language above- any “special exception” only pertains that they are not detrimental to the environment) This “special exception” is unique and is first time it has been requested from the Village.  As such, we needed information from the previous Village Attorney and new documents had to be written since this is different from an administrative variance.” 

 

On the application the petitioner (wife) claims that “they have kept backyard chickens for four years now." She also told the code officer “for 4-5 years now.” However, this was contradicted by her husband (and a next-door neighbor) who both stated that they have had the chickens for only 1.5 years.  So, someone is not telling the truth here.  BTW, this resident has 8 chickens. This may now be reduced to 4, but how many are needed for emotional support anyway? Also of note is that the chicken coop was built without a permit or approval from the Village’s P&Z board.  

The petitioner (husband) seemed quite defiant about “his rights” and other nonsensical comparisons between chickens (prohibited animals) and dog and cats (not prohibited animals) when pressed about coop inspections and possible required vaccinations. He also didn’t seem to know, or didn't want to disclose  how many chickens they have until pressed for an answer. Then he sheepishly confirmed that there are 8 animals. There were also other conditions discussed, which helps a little to mitigate this violation, but only time will tell if any of them will be followed through with. (My guess is that this will be my job as well to press for proof that these conditions have been met annually) Good times! Can't wait! SMH. 

So, instead of complying with all existing laws pertaining to this issue, this commission instead veered wide right citing some amended clause in the American Disability Act (ADA) regarding anxiety and support animals. Which was a reach around in my opinion.  They supported this clause over all existing codes fearing an alleged lawsuit. This to me seems manufactured by the new and inexperienced Village attorney as a scare tactic to support their pre-decision. For as you see above, the Village invested both their time (7 months) and taxpayer money to find this loophole and to create a “special exception” intending to violate our code.

And chickens could just be the beginning. For all you seemingly need is a doctor’s note citing anxiety and you could maintain any of the above listed prohibited animals. This is the door this commission has now opened. 

 

So neighbors, it’s now Open Season for keeping livestock in your yards. Pigs, goats, cows, llamas, alligators, you name it.  And, so sorry to any neighbors effected by this utter lack of sound judgement- just get over it. You, the majority don’t matter.

Again, property values or Village fiscal responsibility to homeowners be damned… we’re going to have our chickens! Yee Haw!

P.S. It was also mentioned that the Commission and possible members of staff are currently under investigation by the Miami-Dade Ethics Department. So, there’s that too. More to follow as details become available.

Standing Watch (while throwing up in my mouth a little listening to the chickens squawk their beaks off)

Milton Hunter

The Biscayne Parker