Niles chicken ordinance fails by 3 to 5 vote

Published 9:47 am Wednesday, July 13, 2016

Only three of the eight members of the Niles City Council voted in favor of adopting a residential chicken ordinance Monday night, meaning most city residents will still be unable to keep chickens in their backyards legally.

A majority vote was needed for the ordinance to pass. It failed 3 to 5, with Dan VandenHeede, David Mann and John DiCostanzo all voting in favor of the ordinance.

Georgia Boggs, Gretchen Bertschy, Robert Durm, Bill Weimer and Tim Skalla voted “no.” Mayor Mike McCauslin said he was against the ordinance, although he only votes when needed to break a tie.

The ordinance would have allowed people to keep as many as four chickens, but no roosters, on properties zoned residential. The ordinance had many other regulations, including over the size and location of chicken coops and pens.

VandenHeede, who has been the most vocal supporter of the ordinance on the council, said he was disappointed with the outcome.

“It is something I’ve advocated for for a long time,” he said. “I think there are some misconceptions because this is a movement going on around the country. Cities I think we would like to emulate or look up to — the Ann Arbors, Kalamazoos, Grand Rapids, Chicagos. … they allow chickens in the city.”

Robert Durm said he is not opposed to chickens, but could not support the ordinance because it was exclusionary toward some residents, created problems with code enforcement and did not have enough support from the constituents he spoke to.

John DiCostanzo said, although he is not a chicken enthusiast, he is in favor of reducing government restrictions on individual freedoms.

“I have faith in the community,” he said. “I trust members of the community who are interested in having chickens will follow the ordinance. … I don’t think chickens will be any more of a nuisance than we have with dogs and cats.”

Gretchen Bertschy said she could not vote for it because having chickens would ultimately attract other predators into neighborhoods, including coyotes, fox, raccoons and rats.

Skalla, Boggs and Weimer all said they would not vote in favor of the ordinance because the majority of their constituents were opposed to it.

Resident Jan Personette, one of the few regulars at council meetings, spoke in favor of the ordinance during the public comment portion of the meeting, saying it could provide a way for poor families to afford eggs.

“It seems as though America has become the land of restrictions,” she said.

Resident Marie Weimer, also speaking during public comment, spoke against the ordinance, saying it could open the door for people to bring other animals into the community.

“I love alligators, so I am going to bring in four alligators from Florida,” she said in jest. “Take that into consideration.”