Something to cluck about

POST FALLS - Post Falls' chicken law is getting pecked at again.

The City Council on Sept. 6 will consider easing the city ordinance, allowing up to 10 hens on lots less than half an acre.

The chicken debate has resurfaced after resident Brian Partington recently convinced the council to ask city staff to research the matter and see what has been done in other cities on such requests.

The Partingtons currently have 13 hens on their half-acre property on 14th Avenue - 10 of their own and three they're watching for friends - but were granted a temporary exemption while the city considers changing the law.

"We went in there prepared to get turned down, so it's a relief they're looking at it," Partington said.

The current law states that no chickens are allowed on lots less than an acre. On lots of at least an acre, a maximum of 10 hens are allowed and three-fourths of the property must be fenced off.

The council in 2006 declined to adjust the law according to proportions after a mother asked to keep her and her kids' two chickens on their small lot.

Partington said he didn't realize he was in violation of the Post Falls law - he's aware they're allowed in Coeur d'Alene - until he was issued a citation by animal control and asked to remove the birds within seven days. He's had the chickens since last spring.

"My wife (Amber) grew up in a rural community and we wanted to give our 2-year-old boy (Keegan) experience with them and some responsibility," said Partington of why they have the chickens, along with they want fresh eggs for their family and an alternative way to control insects in the garden.

"It was my own fault that I didn't look into the law," Partington said.

The citation was later changed to a warning and Partington was given an extra week to keep the chickens on the property. In the meantime, he went to the City Council and was given more time until a decision is made.

Council member Kerri Thoreson requested the chickens receive a "stay of execution."

"The presentation by (Partington) was persuasive," Thoreson said, adding that some other cities, including ones larger than Post Falls, allow for a limited number of hens on small lots.

Partington's chickens have a coop and are completely fenced in. That area is also enclosed by a 6-foot chain-link fence with privacy slats. He said his neighbors haven't complained and he believes animal control just happened to drive by and see the birds.

"Privacy slats are only so private," he said.

Partington believes he has a legitimate case to change the law. He realizes roosters are out of the question since they're noise-makers and they're not needed to make eggs anyway, just more chickens.

Hens, he said, are a different story.

"As long as you have less than 20, fights generally don't ensue," he said.

He also said the argument can be made that they're pets.

"You can get attached to them because they all get their own personality," he said.

Partington said he would support requiring a permit to have chickens. That way the permit - and chickens - could be taken away if there are violations such as excessive odor and noise, messy conditions, birds on the loose and animal abuse.

"With a permit, the city would know who you are," he said. "You need the area to be clean and keep them in a secured environment."

The city of Caldwell recently changed its law by allowing hens. Residents in Spokane Valley, Boise, San Francisco and New York are among those allowed to have chickens in varying numbers from three to 10 if they are properly maintained.

"Even if we get turned down, we'll be able to find homes for them," Partington said.

City administrator Eric Keck said the city has received several calls both in support and against the proposal. If the ordinance is changed, requirements such as a coop, noise and odor restrictions, fencing, limited chicken numbers, no roosters and a fee for inspection of the coop would be necessary.

One hurdle would be what to do with a chicken that is found running at large. Post Falls' animal control shelter is not set up for chickens.

"It is set up for dogs and dogs and chickens do not mix," Keck said. "We are already in a position where we need to expand the shelter, but do we expand it to accommodate fowl as well?"

Chickens in city limits was also debated in Coeur d'Alene and Rathdrum last year.

Rathdrum decided to not change its law. It does not allow chickens in the city unless the resident has at least an acre.

Coeur d'Alene allows unlimited chickens, as long as the hens are kept cooped and don't prompt noise and odor complaints from neighbors.