Marshfield Common Council Has Lengthy Discussion on Chickens in the City

Thursday, August 10th, 2023 -- 8:01 AM

The Marshfield Common Council had a lengthy discussion on an ordinance regarding the housing of chickens within the city at their Tuesday meeting.

On the agenda was the first reading of Ordinance No. 1497, amending Chapter 9-52, permitting chickens to be housed in residential areas. There has been ongoing discussion about allowing chickens in the City that goes back to 2011.

It was voted on once by a previous Council, but was voted down. The ordinance allows individuals to have four total chickens and no roosters. They must be licensed on an annual basis, just like with dogs and cats, but a cost for the license still needs to be determined.

A resident would have to be inspected first before they could get the license and the chickens. There are several other items that a resident must follow if they wish to have chickens.

If a resident fails to follow the ordinance, they would face fines, like with any other ordinance violation, that could range in cost from $5 to $500 and face the forfeiture of being allowed to have chickens.

One item added to the ordinance initially, but then removed later, would have required a resident to get permission from all of their surrounding neighbors to have the chickens. However, that was removed as there was concern that if there’s a neighbor that just doesn’t like the resident, they would be the one thing preventing them from getting chickens.

Another item added addressed the sale of chickens. It was this item the City’s Ordinance Officer had questions about. The initial reasoning for putting the “selling” wording in the ordinance was to deal with a resident who may have their four chickens, but decide they want to sell one to the neighbor down the street who would like to have chickens.

But the concern of the Ordinance Officer was that people would use that wording to bring in more chickens. For example, they would bring in their initial four chickens, then bring in six more stating they’re going to be selling them and then not sell them or actually sell them, but proceed to bring in another six chickens stating they’re going to sell them too.

The Ordinance Officer also felt it was confusing because they don’t allow the sale of eggs, but selling the chickens would be fine. He felt the wording was unnecessary because, in his mind, it’s no different than those who get their dogs or cats pregnant and sell the puppies and kittens. Selling isn’t included in the ordinance for cats and dogs, so why include it with the chickens?

This brought up several other issues and questions the Council had. One, what do people do with the chickens if they get old, sick, or no longer lay eggs? The Ordinance does not allow residents to start butchering chickens within the City.

Also, if people don’t want the chickens and can’t sell them, what do they do with them? The Marshfield Area Pet Shelter doesn’t want chickens and they can’t be abandoned to roam around the City. Also, with repeat offenders that don’t follow the ordinance, what do you do if you have to take their chickens?

The City Attorney reminded the Council that they need to be careful with what they do include in the ordinance as most don’t get as specific as the Council was discussing. He, and the Mayor, reminded the Council that the first reading of this ordinance was simply discussing whether to allow residents to house chickens in the City.

One alderman suggested sending the item back to the Planning Commission to rework it, but that was voted down by the Council. No further action was taken as it was just a fist reading. The second reading will be brought before the Council again and amendments can be made to it at that time. If the second reading is passed, the ordinance will pass, which will allow chickens in Marshfield. 

Also, a public hearing regarding the 2022 Revised Special Assessment Project, Hinman Avenue from Doege Street to Becker Road, was held and there were no speakers. A public hearing regarding 2023 Estimated Special Assessment Projects for Street Construction, Water Service Laterals, Storm Sewer, and Sanitary Sewer Service Laterals for Lincoln Avenue, 5th Street to Adler Road, was held and, again, there were no speakers.

The Council also approved the agreement for EMS billing and collection services with EMS/MC and approved the increase in the sale price of land in City’s business and industrial land to $20,000 per acre, effective January 1st of next year. The Council also approved the job description and pay range for the new position of Assistant City Administrator/Community Development Director.

The Council did postpone the second reading of an ordinance that would have rezoned a portion of a parcel of land from TR-6 (Two-family residential) to MR-12 (Multi-family residential). It was postponed due to some issues raised regarding a minor issue with the legal description of the property involved. It will be discussed at the next meeting.

The Council did approve the second reading of an Ordinance amending Sections 18-31 (Zoning district regulations: MR-12, Multi-family residential), 18-32 (Zoning district regulations: MR-24, Multi-family residential), and 18-55(5) (Residential uses: Townhouse) to clarify minimum lot size and minimum lot width for townhouse units located on individual lots. This is something that needs to be clarified, so that was why it was brought before the Council.

Feel free to contact us with questions and/or comments.