Chicken Ordinance Causing Headaches for Neighbors, Code Enforcement

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By Zendelle Bouchard

With poultry-related problems on the increase, city officials are questioning the need for the 10-year-old city chicken ordinance. Planning and Codes Director Jamie Cole told the City Council’s Zoning Subcommittee on Aug. 13 that rats attracted by chickens are becoming a health hazard in the city and neighbors are complaining about the noise and smell.

The city’s chicken ordinance, adopted in 2014, allows residents to keep up to six chickens in some residential areas. Only hens are allowed, no roosters.

Cole said the city is currently dealing with a situation on School Street where a homeowner is keeping at least 150 chickens, including about 70 roosters. The case is pending before the board of appeals, but he expects it to go to Superior Court from there. He said Code Enforcement Officer Aaron Lederer is spending about 20% of his time dealing with chicken complaints.

Enforcement of the ordinance has been complicated by the 2021 state referendum in which voters approved adding an ambiguous “right to food” clause to the state constitution, which states “all individuals have the right to grow, raise, harvest, produce and consume the food of their own choosing for their own nourishment, sustenance, bodily health and well-being.”

Fire Chief Scott Susi, who also serves as the city’s Health Officer, said he saw “some very healthy rats” during an inspection of the School Street property. He said chickens weren’t the only issue; there are also goats and other animals, and he is concerned about the ground water impact.

Deputy Mayor Maura Herlihy said it is up to the state legislature to come up with a solution that will allow a right to food that doesn’t result in health and safety issues.

Time ran out in the meeting, but subcommittee members expect to hear an update in September.