Chickens to be Allowed in Forsyth

After years of the issue of fowl dividing the city of Forsyth, an ordinance was finally passed by the Forsyth Board of Aldermen to allow Forsyth residents backyard chickens.

The complete story from AJ Fahr of the Branson Tri-Lakes News is below:

At the Monday, Sept. 19, meeting the board was asked to vote on the first and second reading of Bill No. 548, an ordinance amending section 210.200 of the municipal code concerning fowl and livestock. Section 210.200 stated it was unlawful for any person within the city to keep any fowl or livestock. The amendment allows for the keeping of chickens with restrictions. 

The Board of Aldermen cast their initial votes on the bill. Ward I Alderman Dustin Krob and Ward II Alderman Missi Hesketh voted to approve the bill. Ward I Alderman Dennis Winzenried initially voted no on the bill citing the will of his constituents. There were only three aldermen on the board due to the recent resignation of Ward II Alderman Jack Baker. 

After the votes were cast, Forsyth City Attorney William McCullah said the issue must be tabled until next month, without a majority of the elected board voting. There was a discussion about whether or not two of the three on the board could pass a bill.

“As I recall, statutes require ordinances to be passed by the majority of the board,” McCullah said. “I didn’t anticipate (the resignation) so I haven’t researched whether this particular one would require all three of the three present. But what you might do to achieve the same thing is to table it until the next session, when we presumably would have our fourth member.”

Krob said the way he understood the statute was the board must have a quorum and the majority of the quorum could vote on an ordinance, which had been achieved with the two votes.

Forsyth Mayor Kelly Dougherty asked McCullah and Forsyth City Clerk Cheyenne Beasley to check the statutes, as the board moved on to the next item on the agenda. She said the way she understood it was the same as Krob. 

After a few minutes McCullah and Beasley returned to the council room. McCullah said the way he read the statute was there must be a majority of the board voting and not a quorum. 

Dougherty said if there was a fourth member and they voted no leaving a tie, she would break the tie for chickens. 

“Honestly, I will tell you right now,  if it was left up to me to vote, I am going to vote for chickens,” Dougherty said. “I am up front and honest with you all.”

Winzenried then addressed the board and the public. 

“I really believe firmly in standing up for my constituents, but I am not in favor of holding up the vote and this issue to be readdressed,” Winzenried said. “So I am willing to change my no to a yes, because I know that is the direction we are going. I am willing to change that tonight, so we can just move on. We have been talking about chickens for a long time, and I think we need to move on.”

The board went back to the second reading and enactment of Bill No. 548, where it was passed unanimously. 

After the meeting was adjourned, Winzenried told Branson Tri-Lakes News he changed his vote because he knew the ordinance being passed was inevitable.

“I just didn’t want to prolong this issue any longer,” Winzenried said. “If we would have waited until next month and there was a tie, the mayor would have broken it with a yes vote. I want my constituents to know this is the reason I changed my vote, to get the issue of chickens over with.”

The follow regulations must be adhered to by anyone within city limits, who wants to own chickens:

- A $25 non-transferrable permit must be issued by the city to the individual.

- All leased property or rentals must have a written and signed document by the owner to give permission for chickens.

- A limit of six hens, no roosters, will be allowed.

- All pens and coops must be located at the rear of a property. They must be at least 10 feet from side property lines, three feet from rear property lines and 20 feet from any street property line. 

- Only residents in single-family detached dwellings on individual lots can house chickens.

- Chicken’s wings must be clipped to keep them from escaping enclosures.

- Coops must adhere to these requirements: 

- Maximum size 100 square feet with a height of six feet

- Must be constructed in a workmanlike manner, and can not be made from plastic tarps or similar materials

- Must be cleaned and maintained in a sanitary way to eliminate any noxious smells and the possible annoyance of surrounding properties

- Animal waste disposal is the responsibility of the owner.

Chickens shall be kept for personal use only. Breeding and selling of chickens is prohibited. Slaughtering of chickens for sale is prohibited. The selling of eggs is prohibited. Selling chicken manure is prohibited.

City representatives have the right to inspect chickens and their pen and coop at any time. A permit may be revoked for failure to comply with the regulations set forth in the ordinance. If a permit is revoked, it shall not be reinstated until compliance with ordinance is proven with an inspection at the cost of $25. 

For further information contact Forsyth City Hall at 417-546-4763.