Chickens In, Others Out as Council Discusses Animal Restrictions

There were very few words of compassion for responsible owners of animals who would be forced to get rid of those animals under a proposed ordinance being discussed at City Council. The Legislation, Codes, and Regulations Committee again discussed the proposal at their meeting on Tuesday. As currently written, it would prohibit the housing of various animals within the City of Marion with very few exceptions.

The proposal in front of the committee has been discussed over the past couple of months and is constantly evolving. Between the last meeting two weeks ago and Tuesday, the major change in the language is the removal of the rule that would require one acre in order to house a restricted. The latest draft calls for the outright prohibition of specific animals, including cows, horses, mules, lamas, minks, ferrets, swine, goats, and sheep.

Fowl would be allowed under the draft ordinance, but only if the owner obtains a permit from the Safety Director’s office. Coops would still need to be kept 30 feet away from any dwelling.

Pot Belly Pigs are also exempt under the draft ordinance as long as there are no more than two living on any City parcel.

One Marion resident pointed out to Council members that the language could be interpreted to mean that owners of parrots and parakeets would be required to get a permit since they are technically fowl. Officials said that was certainly not their intent.

Much of the discussion Tuesday centered around two items, a City resident who owns a horse and the rights of those who choose to live within the City limits.

Christine Philpott owns a horse which she houses at her home on Waterloo Street. She actually owns three City lots at that location and says her horse and property are well maintained. She told Council members that the horse, named Willow, was abused by its previous owner and that when she took her in you could count every rib, she was covered in bird poop, and you couldn’t even touch her. It is now two years later and Philpott says Willow is healthy, happy, and loving.

Philpott questioned how the Council could simply decide that she was no longer allowed to house Willow at her home after she was specifically told two years ago that she could. Committee members told her that the current discussion is not about her specifically, but many other animal owners who have not been as responsible. They said unfortunately it still affects her.

Philpott asked what she was supposed to do with the horse and who was going to pay for the expense of moving her. Committee members told her that would be her responsibility and there would be no reimbursement of any expenses.

Philpott also asked to be grandfathered in or given an exemption until the natural death of Willow. At first the committee members seemed to express that could be discussed, but later in the meeting committee member Debbie Blevins stated emphatically that there would be no grandfathering.

Marion Public Health’s Health Commissioner Dr. Kathy Dixon said the department supports the changes to the ordinance that were being discussed, but said they were in favor of even an even stricter regulation calling for animal housing to be at least 100 feet from any dwelling. She said that would match the regulation that currently exists for County residents. A couple members of Council expressed misgivings at the longer distance saying that would in effect create a prohibition because few City lots would allow for the requirement.

Dixon also asked for stronger enforcement powers for the health department. When asked what that meant, she said they would like to see progressive penalties for non-compliance, “not just a slap on the wrist.”

Marion resident Lloyd Bending told committee members that 22 years ago he and his wife were deciding if they wanted to live in the City or the County. He said he grew up in the country, but together they made the decision to live in the City for many reasons including services.

“I signed up to live in the City. I didn’t sign up to live next to an egg farm,” stated Bending, explaining that his neighbor has several chickens in their yard.

Committee member Jim Gilsdorf said that Bending brought up a good point and said it is a choice to live within the City where people may not want to have animals so close. He said that majority rules and maybe those who want to have animals should make the choice to live in the County.

Committee chair Blevins said they will meet again on the matter in two weeks. At that time she said she expects to pass the issue on to the full council for their discussion. Once in front of the full City Council, Blevins said it would have three readings before a vote would occur.

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