Lewis K. Billings

In challenging economic times, many are looking for ways to reduce costs and become more self-sufficient. One of the strategies for self-reliance that has become popular around the country is the keeping of chickens in residential areas. Personally, I am not opposed to Provo residents being allowed to raise chickens if it is done in a way that is reasonable and does not jeopardize public health.

As a boy, I personally raised chickens for a 4-H project. Many of the lessons of life are best learned through hands-on hard work and experience. It was a great opportunity for me to have the responsibility to feed, water and care for my "Little Hens" on a regular basis and then to share the fruits of my labors with others.

Many cities already allow the keeping of chickens. In recent months, some of our residents have come forward expressing a desire to be able to lawfully keep chickens in Provo. I support changing our ordinances to allow the keeping of chickens in residential areas, but the currently proposed ordinance goes about it in a very "heavy-handed" manner imposing unnecessary and disproportionate regulatory burdens.

In our form of government, once the legislative branch (the municipal council) has adopted new policy in the form of an ordinance, the executive branch (the mayor) is obliged to review and approve or disapprove each piece of legislation within 15 days. Upon careful study and review of this new chicken keeping legislation, I made the decision to not approve the new policy adopted by the council, not because I oppose chicken keeping but because I think the ordinance could have accomplished all of its purposes without imposing such heavy regulation and unnecessary costs and obstacles for would-be chicken keepers.

For example, the proposed ordinance requires that chicken enclosures or coops be 15 feet from any dwelling or property line. Under the proposed ordinance many residential lot owners, if they are able to comply with this new policy, will have to place their chicken coops and enclosures literally in the middle of their back yards. Requiring coops and enclosures to be 15 feet from any dwelling should be sufficient considering that already existing nuisance ordinances would apply.

If we want to allow the keeping of chickens in residential areas, let's do so in a fashion more similar to how we allow other animals in similar areas. With dogs we license the animal and not the dog house. We should do the same with chickens. Under the recently passed ordinance would-be chicken keepers will have to submit a site plan, obtain a permit for their coop or structure, pay a fee and then have an inspection by an animal control officer from the Police Department. A subsequent annual re-inspection is also required. The imposition of the requirement to obtain something akin to a building permit and an annual inspection seems excessive and unnecessary.

There are a number of other questions the proposed ordinance in its current form does not provide clear direction for. For example, the ordinance defines the maximum number of chickens allowed on a lot based on square footage, but in no case can there be more than six. A key question that is not addressed in the proposed ordinance is, "Do new chicks count as one of the six or not -- or when does a chick become a chicken?"

The issues we have expressed concern with could all be easily resolved. Some have criticized the administration for not raising our objections earlier in the process, but the language in question was not discussed in previous public meetings or in any meetings the administration attended and was not known by myself or my staff until literally minutes before the meeting in which this ordinance was discussed and passed by the council.

Finally, the proposed ordinance gives no deference to our Utah County Health Department rules in the case of a health emergency. We were also disappointed to learn that no one representing the council had taken the time to converse with the executive director of our Utah County Health Department regarding these issues before passing this ordinance.

Overall, I believe the proposed ordinance is an unfortunate example of over-regulation and that it should be rewritten. I personally believe government works best when it uses the least amount of regulation necessary to set standards that fairly balance the needs of all involved. The proposed ordinance goes well beyond what is reasonable and necessary to accomplish the intended purposes.

• Lewis K. Billings is mayor of Provo. The Daily Herald asked Councilwoman Cynthia Clark if she would be interested in writing a similar oped giving the council's viewpoint on the issue, an offer she declined.

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