Proposed Legislation

Our proposed addition to the Westerville City code:

A) A group of 5 of fewer female chickens (Gallus gallus domesticus) will for the purposes of these ordinances be considered pets and not a violation of other existing prohibitions against agricultural use, as specified  either in city code or in any supplemental agreements.
B) Only female chickens (hens ) may be kept within city limits. Male chickens (roosters) are not permitted.
C) Pet chickens may be kept in any zoning district where other pets or companion animals are allowed.
D) The selling of eggs or the sale of chickens for the purpose of meat is prohibited.
E) Chickens must be kept in a properly constructed enclosure located in the back or side yard of the keepers property, with reasonable set back from property lines and structures located on adjacent properties. Such enclosure can not be permanently placed in the front yard of any property. Chickens must remain enclosed with in the coop/run unless under the direct control of the owner and must remain on the owner’s property at all times.
F) All usual and standard practices for the care of chickens must be observed, to ensure a safe, sanitary and humane condition free from pests, insects, vermin and other possible annoyances. Keepers of chickens will be bound by all other Westerville City ordinances regarding animals running at large (531.01a), noise and odor (531.09a).

W.A.C.K.S. believes that these proposed regulations offer the City an adequate framework for enforcement, gives chicken owners clear guidelines for what will legally tolerated and also protects the rights of citizens by providing them with means to address grievances if a legitimate cause is identified.


W.A.C.K.S. believes that the most simple and direct way to avoid the possibility of problem connected to noise, odor, appearance and other factors is to limit the size of the flock that can be legally kept. W.A.C.K.S. feels strongly that legislating minimum lot sizes, or required set backs will not be a fair and effective way to guarantee a wholesome environment. A clean, no-odor, low noise flock depends on the care that will be given by the flock keeper, and can be achieved on a very large lot or a very small one.


Permits, applications and required permissions from neighbors take up time and effort of city officials and create an even greater regulatory burden on government.  W.A.C.K.S. feels these processes serve no useful purpose and is not in favor of them.


Owners of dogs, cats, rabbits and similar companions animals that dwell out of doors all or part of the time do not require permission from neighbors.  In the interest of simplicity and equality. W.A.C.K.S. discourages any requirement for permission from neighbors.


The proposed ordinances assure that home owner’s associations can not raise unfounded objections to the mere presence of chickens.  Properties were other types of pets were banned, such as multifamily units, would not be affected by this ordinance, their regulations would be unchanged.