Chicken Laws in Ohio - there IS hope
I've gone through the entire ordeal, got 5 birds.
well I got cited because a neighbor called the police on me for chickens.
I went to court and told the judge ORC (Ohio Revised Code) 715.23 only allows for the impound and sale of my chckens to cover fines, costs and expenses.
Here's ORC 715.23
715.23 Impounding and sale of fowl or animals.
Except as otherwise provided in section 955.221 of the Revised Code regarding dogs, a municipal corporation may regulate, restrain, or prohibit the running at large, within the municipal corporation, of cattle, horses, swine, sheep, goats, geese, chickens, or other fowl or animals, impound and hold the fowl or animals, and, on notice to the owners, authorize the sale of the fowl or animals for the penalty imposed by any ordinance, and the cost and expenses of the proceedings.
Effective Date: 07-10-1987
link => http://codes.ohio.gov/orc/715.23
The entire ordeal, from the first ticket to present, is documented in another forum, not sure if I can post it but I will anyways,,,
https://www.kitcomm.com/showthread.php?t=48432
It's well worth a read if you live in Ohio and want chickens. Cleveland changed the law to allow farm animals, and I believe that it's because of ORC 715.23 that they did it.
Outcome of court case (for those that don't want to go through 13 + pages,,,
08/27/2009
JE - WRIT OF CORAM NOBIS IS MOOT. JT/KAS
RECD AT COUNTER FROM PROS ATTY:REQUEST NOLLE PROSEQUI -FA
JE...NOLLE PROSEQUI GRANTED;SUSPEND COSTS -JT/DMM
CASE NOLLE .
COSTS 91.00, SUSP 91.00
JAIL 0, SUSP 0
SPECIAL CONDITIONS:
NOLLE GRANTED;SUSPEND COSTS -JT/DMM
08/27/2009
JE - WRIT OF CORAM NOBIS IS MOOT. JT/KAS
JE...NOLLE PROSEQUI GRANTED;SUSPEND COSTS -JT/DMM
DEF. PLED NOLLE, FOUND, FINE .00, SUSP .00
COSTS 151.40, SUSP 151.40
JAIL 0, SUSP 0
SPECIAL CONDITIONS:
NOLLE GRANTED;SUSPEND COSTS -JT/DMM
NOLLE PROSEQUI = (wikipedia)
Generally, the application to "nolle" or "nol pros" a case is made after the filing of an information or indictment, when the prosecutor representing the state's interest is of the opinion that an adjudication of the charges is not in the interest of the public and/or that the available and admissible evidence is not sufficient to satisfy a jury beyond reasonable doubt. In most circumstances, the court with jurisdiction to hear the case must adjudicate on the application for nolle prosequi, thus finding the defendant not guilty of all charges. To determine where the public interest lies, more often than not, a motion for "nolle prosequi" indicates that the prosecution does not want to pursue the case any further (be it a civil and/or criminal case). In the essence of the United States' jurisprudence, this motion is usually filed due to the innocence of the defendant, hence, "innocent until proven guilty." In conclusion, this means the prosecution knows it does not have enough evidence (or any evidence) that a crime has been committed, and therefore must consider the accused/defendant innocent. The charges can be reinstated if new information comes to light or the circumstances of the case change during a given period of time, typically 13 months.
City council tried to "Scare" me by using a sham legal process, but I think I put the stop to that,,, it's all in the above mention link.
I'm not sure how your local government was able to seize your animals when the statute states it has the right to keep those listed animals "from running at large". Your chickens were in your yard correct? Sounds like government once again trying to control every aspect of every decent citizens' life. Good luck to you and I hope you end up ankle deep in chicken friends!
The judge said that the city was not set up to accomodate chickens. They never took them. The law is vague, does it mean regulate the running at large, restrain the running at large, or prohibit teh running at large, or does it mean to be able to restrain, regulate, OR just prohibit the running at large? If teh former then they can regulate and restrain chickens, in addition to prohibit running at large. the city is regulating in that they require 2 acres of land.
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