Family surprised its farm animals violate city ordinance

A Columbus family who thought they lived in the country now hope the city might change its farm animals ordinance, allowing them to keep chickens and goats on their property.

Mike and Mindy Sheard, 2565 W. County Road 200S, were cited by Columbus Code Enforcement in January for having about 30 chickens, guineas, goats and roosters on their 1½ acres near Shadow Creek, on the southwest side of Columbus. The couple contends they have about 25 chickens, two goats, three cats and a dog.

Mindy Sheard told Columbus Board of Works members this week that the family didn’t know they lived within the city limits.

The Sheards approached the board seeking a variance from the city’s ordinances dealing with farm animals within the city limits. The newest portion of the ordinance deals with chickens, approved last year.

However, after consulting with city attorney Alan Whitted, Columbus Mayor Jim Lienhoop said the board did not have the power to change the city ordinance to help the family. He also said the board could not rule that code enforcement was dealing with the family unfairly based on the couple’s admission that they had 25 chickens and two goats on the property.

Board members gave the family 30 days to convince a Columbus City Council member to take up their cause of changing the ordinance in order to allow the family to keep their chickens and goats, which have been 4-H projects for their daughters.

“Truly, we did not know we were breaking any laws,” Mindy Sheard told board of works members.

Columbus’ city ordinance prohibits domestic animals and farm animals within the city limits. A section dealing with chickens was amended last year to allow no more than four on a property within the city limits, with a number of confinement regulations regarding chicken coops and their location on lots.

The Sheards were referred to the city board after learning that their property had been annexed by the city in 2009, before they acquired it through renting to own and then purchasing it in 2012. At the time they moved in, Mindy Sheard said the family was told this was country living, and they were in the county.

The 4-H projects came about as a way to help the family extend treatment for one of their daughters who has autism, and who has benefited from the chance to care for animals and participate in 4-H, her mother said. The goats were initially shown for 4-H and then were kept as pets and the family continues to show chickens at the fair, she said.

Mindy Sheard said code enforcement had been called to her property numerous times after dogs or other predators killed chickens on her property.

She said that proved code enforcement wasn’t being consistent with how they were dealing with the family because the family had never been cited prior to January.

Code Enforcement Officer Fred Barnett noted that the city ordinance on chickens was only changed in 2017, meaning that technically, the family wasn’t in violation before the change.

However, the goats, which are kept in a separate pen with their own barn, are a violation, he said.

Anyone cited by code enforcement has the opportunity to appeal to the city board if they feel they are being treated unfairly, but Lienhoop told the Sheards he didn’t think code enforcement was being unfair.

He advised the Sheards to take their concerns to their councilwoman, Democrat Elaine Wagner, who represents District 2, or to the two at-large council members, Democrat Tom Dell or Republican Laurie Booher.

The Sheards were questioned as to why they didn’t think they lived in the city, as they receive city trash pickup and city sewer services. All purchase details for the property, including the title search, were completed by the mortgage company and any taxes they pay are paid by that company out of escrow, they replied.

The city ordinance includes a fine of $20 for the first violation and an increase of $20 increments up to $1,000 if the individual doesn’t come into compliance with city code on the animal ordinance. The fine is $100 for the first violation with an increase of $100 increments up to $1,000 on violations involving chickens.

Unresolved violations may result in legal action against the property owner, according to a letter sent to the Sheards notifying them of the violation.

“I just wish someone would have told us back then (that we were in the city) before these animals became our pets,” Mindy Sheard said.

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Columbus city ordinances dealing with domestic and farm animals state:

Harboring domestic animals and farm animals shall be prohibited within the city limits unless the domestic animal is a pet or the domestic animal is in the possession of a keeper as defined by 6.04.010.

Farm animals include, but are not limited to, horses, cattle, pigs, sheep, goats, mules, donkeys, miniature horses, miniature donkeys, camels, emus, ostrich, llamas, alpacas, mink, fox, bison, chickens, turkeys, quail, pheasants, chincilla, goose and ducks.

Harboring a chicken flock is prohibited within the city limits unless the flock is in the possession of a keeper or confinement not to exceed four hens.

Keepers refer to veterinarians and operators of kennels, pet shops, boarding kennels and stables for keeping animals, according to the ordinance.

Source: Columbus City Code

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