Current City Code & Zoning
Right now, Salem City Code & Zoning are in conflict with Code implying that everyone has the right to have chickens (as long as they are kept properly) and Zone defining chickens as agriculture. Even though for 20+ years now Salem's Animal Control (aka - law enforcement) has been telling people they can have chickens, the City Attorney has deemed that Zoning "trumps" Code, regardless of past interpretations.
Here's what it says:
City Code: ARTICLE II. POULTRY GENERALLY
Sec. 14-36. Confinement; permitting to trespass on property of others. All persons owning or having in their possession, under their control or on their premises chickens, ducks, guinea-fowl and any other like fowl shall strictly confine, keep up and pen the same so that they cannot get off the premises owned or controlled by any such person owning or having or in charge of such chickens, ducks, guineas and like fowl. If any chickens, ducks, guineas and like fowl are allowed, permitted, or in any way trespass upon the property of others, then the owner or the person having charge of such chicken, duck, guinea or other fowl on his premises shall be punished as provided in section 1-7. Each time any chicken, duck, guinea or other like fowl trespasses upon the property of another shall constitute a separate offense. (Code 1969, § 4-4)
Sec. 14-37. Keeping certain fowl as nuisance. The keeping by any person of any chickens, turkeys, ducks or other poultry or fowl which either disturbs any citizen of the city in the reasonable use and enjoyment of his property or causes any person of ordinary sensibilities any actual physical discomfort, or creates or brings about an insanitary situation or condition detrimental to the health of any citizen of the city, shall constitute a nuisance abatable as such by a proper suit in equity in the circuit court for the city, but this shall be in addition to, and not in lieu of, the punishment provided. (Code 1969, § 4-5) Cross references: Maintaining nuisance generally, § 30-5. Secs. 14-38--14-55. Reserved. City Zoning: Sec. 106-602.1 Agricultural use types. [The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:] Agriculture. The use of land for the production of food and fiber, including farming, dairying, pasturage, agriculture, horticulture, viticulture, and animal and poultry husbandry. A garden accessory to a residence shall not be considered agriculture. The keeping of a cow, pig, sheep, goat, chicken or similar animal shall constitute agriculture regardless of the size of the animal and regardless of the purpose for which it is kept. Farm stand. An establishment for the seasonal retail sale of agricultural goods and merchandise primarily produced by the operator on the site, or on nearby property. Agricultural goods produced on other properties owned or leased by the operator may also be allowed provided a majority of the produce comes from land surrounding the wayside stand. This use type shall include agricultural products picked by the consumer. Forestry operations. The use of land for the raising and harvesting of timber, pulp woods and other forestry products for commercial purposes, including the temporary operation of a sawmill and/or chipper to process the timber cut from that parcel or contiguous parcels. Excluded from this definition shall be the cutting of timber associated with land development approved by the City of Salem, which shall be considered accessory to the development of the property. Stable. The boarding, keeping, breeding, pasturing or raising of horses, ponies, mules, donkeys or llamas by the owner or occupant of the property and/or their paying or non-paying guests. Included in this definition are riding academies. (Ord. of 3-14-05(2))
Here's what it says:
City Code: ARTICLE II. POULTRY GENERALLY
Sec. 14-36. Confinement; permitting to trespass on property of others. All persons owning or having in their possession, under their control or on their premises chickens, ducks, guinea-fowl and any other like fowl shall strictly confine, keep up and pen the same so that they cannot get off the premises owned or controlled by any such person owning or having or in charge of such chickens, ducks, guineas and like fowl. If any chickens, ducks, guineas and like fowl are allowed, permitted, or in any way trespass upon the property of others, then the owner or the person having charge of such chicken, duck, guinea or other fowl on his premises shall be punished as provided in section 1-7. Each time any chicken, duck, guinea or other like fowl trespasses upon the property of another shall constitute a separate offense. (Code 1969, § 4-4)
Sec. 14-37. Keeping certain fowl as nuisance. The keeping by any person of any chickens, turkeys, ducks or other poultry or fowl which either disturbs any citizen of the city in the reasonable use and enjoyment of his property or causes any person of ordinary sensibilities any actual physical discomfort, or creates or brings about an insanitary situation or condition detrimental to the health of any citizen of the city, shall constitute a nuisance abatable as such by a proper suit in equity in the circuit court for the city, but this shall be in addition to, and not in lieu of, the punishment provided. (Code 1969, § 4-5) Cross references: Maintaining nuisance generally, § 30-5. Secs. 14-38--14-55. Reserved. City Zoning: Sec. 106-602.1 Agricultural use types. [The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:] Agriculture. The use of land for the production of food and fiber, including farming, dairying, pasturage, agriculture, horticulture, viticulture, and animal and poultry husbandry. A garden accessory to a residence shall not be considered agriculture. The keeping of a cow, pig, sheep, goat, chicken or similar animal shall constitute agriculture regardless of the size of the animal and regardless of the purpose for which it is kept. Farm stand. An establishment for the seasonal retail sale of agricultural goods and merchandise primarily produced by the operator on the site, or on nearby property. Agricultural goods produced on other properties owned or leased by the operator may also be allowed provided a majority of the produce comes from land surrounding the wayside stand. This use type shall include agricultural products picked by the consumer. Forestry operations. The use of land for the raising and harvesting of timber, pulp woods and other forestry products for commercial purposes, including the temporary operation of a sawmill and/or chipper to process the timber cut from that parcel or contiguous parcels. Excluded from this definition shall be the cutting of timber associated with land development approved by the City of Salem, which shall be considered accessory to the development of the property. Stable. The boarding, keeping, breeding, pasturing or raising of horses, ponies, mules, donkeys or llamas by the owner or occupant of the property and/or their paying or non-paying guests. Included in this definition are riding academies. (Ord. of 3-14-05(2))