In February, Rep. Earl Ehrhart (R-Powder Springs) introduced the to the Georgia Assembly. The bill, which would have prohibited cities and counties from banning gardens, chickens, and honeybees for personal consumption, sailed through the Agriculture Committee only to be killed by the Rules Committee after very aggressive lobbying by the cities and counties. They felt that it violated Home Rule granted to them by the Georgia Constitution and grumbled about potential lawsuits. They said that the cities and counties are better able to legislate their areas without state intervention.
If that is the case, who looks out for the people when their local governments lose touch with what is important to them? Who is there when local governments violate the private property rights of its citizens for aesthetic reasons?
The Georgia Constitution says: The governing authority of each county shall have legislative power to adopt clearly reasonable ordinances, resolutions, or regulations relating to its property, affairs, and local government for which no provision has been made by general law and which is not inconsistent with this Constitution or any local law applicable thereto.
In Cobb County, zoning ordinances prevent 97 percent of its citizens from owning chickens. They can have 25 Great Danes on their property, but not one hen unless they have two acres. With the general population's move towards a more sustainable lifestyle, this is not reasonable, nor is it consistent with the Constitutional rights granted to the people in Article One, Section One, Paragraph One, "No person shall be deprived of life, liberty, or property except by due process of law."
And it is not just the county; it is the cities as well. For an animal that requires only four square feet of space to live on according to the Georgia Department of Agriculture, Kennesaw has the same two-acre requirement as the county. It gets more unreasonable from there. Austell requires two and a half acres. Acworth requires three acres. Marietta requires five acres. The city of Powder Springs says that you cannot own chickens on residential property at all, regardless of its size!
One hundred years ago, Uncle Sam said it was your patriotic duty to raise backyard chickens. He said you should have two chickens for every member of the household. He said it is so easy to take care of chickens that the children can do it. The chickens eat bugs and table scraps, and provide you with fresh, wholesome food. Today's elected officials need to wake up, and smell the fresh eggs cooking! Today's generation wants to raise their own food. People want their property rights back.
The Backyard Chickens Alliance is holding a petition drive to assemble signatures that can be taken to these elected officials. You can find more information at backyardchix.org.
Who is there when local governments violate the private property rights of its citizens for aesthetic reasons? Share your opinion by leaving a comment below.