Spartanburg City Council passes first reading on chicken ordinance

There just might be a chicken dance soon inside Dr. Brian Rothemich's Coop D'Ville.

Spartanburg City Council voted in favor of amending its 2009 animal control ordinance Monday to allow residents to own up to six hens, with some restrictions.

Rothemich, a retired Spartanburg physician, had asked council to amend its ordinance to allow hens after he was cited this past autumn for having five hens in his Coop D'ville — a chicken coop outside his Converse Heights home.

Rothemich's request has since prompted lengthy debate on council and culminated Monday during a public hearing designed to gauge citizen's interest in allowing a limited number of hens.

Several city residents spoke, and a couple of comments were received from people who live in the county, during a public hearing Monday in support of Rothemich's request. Most said owning hens was not much different than owning cats or dogs if the owner is responsible in providing a safe, protected and clean area for their animals.

Only one resident, Jack Slemenda of Hillbrook Drive, spoke against the proposal, citing possible disease concerns and that hens could be prey for predators such as coyotes and foxes. Slemenda said a “handful of cities might allow hens, but that was hardly a reason for Spartanburg” to do so.

“We've been made to believe by a handful of people that if we allow this, Spartanburg has arrived, but there are more important issues that need to be addressed other than whether to allow henhouses,” he said.

Others, including a pediatrician and a veterinarian in addition to Rothemich, asked council to consider the proposal. Some, however, said the guidelines that staff had introduced were too restrictive.

Rothemich reiterated the health benefits of fresh eggs and said hens don't produce nearly the noise that an annoying barking dog does.

Rothemich said asking adjacent neighbors to endorse hens annually was cumbersome, but he didn't balk at paying an annual fees as suggested by Councilwoman Linda Dogan.

Dogan previously had spoken against the proposal, but she made the motion to approve the item on first reading if owners paid an annual fee — she suggested $5 per hen — during the permitting process.

City Manager Ed Memmott said it would be appropriate for council to discuss possible fees during its budget sessions in May, and the public would have an opportunity to speak for or against fees at that time. Any fee would likely go into effect on July 1, 2012, the first day of the next fiscal year.

Councilman Joe Spigner voted against the measure, saying he was voting the conscience of his constituents.

Spigner, who is running for re-election this year, said he's been talking with residents in his district and has not met one constituent who is in favor of allowing hens in the city.

“When I talk to people, I hear a lot of skepticism,” he said. “I'm just trying to echo their sentiments.”

Councilwoman Cate Ryba, whose district includes Converse Heights, said she's excited the item has been approved, and she thinks having a fee associated with the permitting process is fair.

“What we heard tonight is that hens are pets with the added bonus of laying eggs,” Ryba said. “I think it's clear from the majority of those who spoke here tonight is this is something people want.”