Feathers fly in fight over chickens

Published 4:00 am Friday, December 31, 2010

YACHATS — Yves Nakahama never intended to become the frontline leader of the backyard chicken movement in Yachats. The idea was to come up with a compromise, a pilot program, a way to show the City Council that the consequences of easing restrictions on chickens in the city limits are minimal, if not nil.

But then the feed store called to let Nakahama know the Araucana chicks he ordered back when he thought he’d be able to talk the city into a trial period were ready to be taken home.

So he bought some feed, picked up three hens and a rooster, began raising the birds in his bathroom before transferring them to a backyard coop — despite its location, within 100 feet of his neighbors, in violation of city code.

But those neighbors actually welcomed the birds, Nakahma insists. And he rewarded them by handing over the very first egg that hatched, courtesy of Candy, the only hen to lay so far.

But Dusty the rooster drew complaints, one from across U.S. Highway 101 and another from up the hill, on his side of the road. The city issued a citation, Nakahama went to court, and the latest kerfuffle in the nationwide quandary over how municipalities can best deal with the rise in backyard chicken farming was born.

Nakahama gave Dusty away, but said he’s determined to keep Candy, Easy and Butter right where they are.

“I always felt, no matter what, I was going to keep my hens,” Nakahama said. “I think it’s just a matter of time before the city comes around.”

One by one, many Oregon municipalities have had to deal with the chicken conundrum lately, thanks to an increase in demand for chickens in urban areas of as much as 20 percent a year since 2007, local growers say.

The Gresham City Council legalized chicken-keeping in December, unlike Beaverton’s government, which insists upon keeping the birds at bay. Springfield allows residents up to four hens; in Eugene, the limit is two.

“This has been a big issue across the state this year,” said Chad Jacobs, general counsel for the League of Oregon Cities. “A lot of cities say a certain number of chickens, but no roosters. Some jurisdictions allow potbellied pigs.”

Lane County has concocted what may be one of the most Byzantine chicken laws. In rural residential zones of two- to five-acre parcels, up to 85 chickens per acre are permitted. But within the urban growth boundaries of Junction City, Cottage Grove, Florence and Creswell zoned “suburban residential,” only one chicken over the age of 6 months is allowed per 500 square feet of property — and no roosters over 6 months. Chickens under 6 months are OK, but can’t exceed three times the number of allowable chickens over the age of 6 months. In those areas deemed “rural residential,” the rules are the same, except that roosters aren’t mentioned by name.

“So I guess you can have roosters,” said county planner Deanna Wright. “I don’t really know.”

Yachats first considered the matter a couple of years back, when a group including Nakahama who named themselves “Chicks for Hens” went to the City Council to ask for an easing of the ordinance banning chickens within 100 feet of neighboring residences.

To Nakahama’s surprise, there was considerable opposition.

Meanwhile, he heard that a business in town had been housing ducks, and nobody seemed to be complaining. Plus, Nakahama had already ordered the chickens. So when the feed store called, he decided to wing it.

“The city feels like I did this behind their back,” Nakahama said. “I think it was the rooster that kind of messed things up for me.”

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