Why is there a second petition?
After receiving some good feedback from homeowners, we decided it would be in the community's best interest if we rework the original petition language to establish a firm number on the quantity of hens to be allowed and default to Pima County regulations. The new petition also leaves the original text from CCR 5.2.26 intact, except for the references to the new paragraph below where we address chickens.
Do hens carry disease?
There’s more disease in the wild birds in your yard. In fact, if a backyard hen does get sick, the most common cause is wild birds that stop by their enclosure. A common myth is that hens carry samonella. The truth is only infected animals carry it. Many animals can carry samonella and other diseases, including dogs, cats and chickens according to the CDC: https://www.cdc.gov/healthypets/diseases/salmonella.html. Proper hand washing should always be used after petting or handling any animal.
Are hens a risk to public health?
No. One homeowner brought up this concern and pointed to a recent CDC warning that outbreaks of salmonella are on the rise. According to the CDC the increase is seen in people who have recently been in direct contact with chickens and is attributed to birds that have come from multiple hatcheries. Unfortunately the large chicken farms that are often the source of the salmonella contaminated eggs that we purchase in the grocery store, also sell contaminated birds through local retailers.
Fortunately, a contaminated bird can be treated, and the infection risk is only to those who come in direct contact with the bird itself or its enclosure. The risk is mitigated with proper sanitation, and of course you should not eat the eggs from a sick animal. Proper hand washing should always be used anytime you handle your pets. You can read more about the CDC recommendations on their site.
Aren't hens loud?
Roosters are loud, hens are not - they may make a cackle that’s not loud when laying, about once per day.
Don't you need a rooster to get eggs?
Hens lay eggs with or without a rooter - you only need a rooster if you want fertilized eggs.
Do I need to get my neighbor's permission?
You likely do need your neighbor's permission to have a coop as most of our properties will not have a space within the Pima County setback requirements to place it. You will need to apply for a Modification to Setback Requirements (MSR) according to Section 18.07.070 of the Pima County Zoning Code if your coop cannot meet the following requirements:
18.23.040 - Development standards—Accessory buildings and accessory structures.
2. To side and rear lot lines:
Why does this petition address the slaughter of animals?
The Pima County Zoning Code specifically allows for the slaughter of any animals permitted to be raised on a CR-2 property. The intent of this petition is to allow homeowners to keep hens as pets and for eggs.
Can I raise hens to sell the eggs or sell the birds?
No. Pima County code does not permit commercial use of animals in a CR-2 zone.
Won't we have predators if we have hens?
We already have predators in our neighborhood. They were here long before our homes were, and they’re going to be here whether we have hens or not. The thing that is more scarce than food for predators in our area, is water. Predators are also attracted to the area by swimming pools and water fountains. Regardless, predators need to eat. If they think they can get a free meal from your pets they'll stick around, it's as true for hens as it is for cats and small dogs. If your pets are well secured the predators will be forced to go elsewhere to find food.
Won't hens attract vermin?
A little known fact is that hens actually hunt and eat mice! Check out this video. Regardless, the type of coop that is suitable to prevent predation is the same type that will prevent vermin. The wire mesh needs to be small enough that nothing can get into the coop.
What is the process needed to change the CCRs in our HOA?
The process is outlined in detail in our CCR document. Here is a basic outline of the process:
- The HOA board receives a proposal for a change to the CC&Rs (this is our petition).
- A meeting is scheduled to give homeowners and board members an opportunity to discuss the proposed change.
- A secret ballot is sent out to homeowners to vote.
- The change is approved (or not approved) if a quorum is met, not the amount of ballots returned (a quorum is 30% of the homeowners for the first attempt, then half of the previous number for each subsequent). The CC&Rs will dictate the percentage of members needed to approve the change. In this case it’s two-thirds or 335
- If approved, all members in the homeowners association will be sent an amended version of the CC&Rs.
- CC&Rs amendment is recorded at the County Recorder’s office.
How many votes are needed for this to pass?
Our CCRs state that we need 2/3 of the votes of all owner members in order for this to pass. If you do not vote, it essentially counts as a no. In total we will need 336 votes in favor for this to pass.
How many hens would I be allowed to keep?
The petition language specifies a maximum of eight hens and defaults to the Pima County code beyond that. For our CR-2 zone, the regulations that apply are:
18.23.010 which references back to 18.21.010 A3.a regarding the keeping of small animals: Used only for the purpose of propagation and culture and not for retail sales, including any number of poultry, rabbits, and similar small animals,
Read more on the Pima County zoning regulations.
Why eight hens? Why not six or ten?
Hens are very social and communal animals, they need a flock to be healthy. Many hen experts will generally tell you an ideal flock size is between 5 and 8. One study indicates that flock sizes of less than 20 have the best health, with flock sizes of less than five showing the fewest health problems. The ideal number may depend on the type of hen as well as environmental factors. To permit owners the flexibility to have a flock that is healthy, and to provide enough eggs for their family, we've set the cap at eight birds (Each bird will lay approximately one egg per day at peek youth, health and season. Assuming each person in a family consumes approximately two eggs per day times four family members, you need eight birds).
Can hens really make good pets?
Absolutely! Hens, like most birds, are actually very clever and inquisitive, and they each have their own personality. They often greet their owners with a series of clucks and free range birds will run up to greet you.
The truth is that chickens are often recognized as pets. In fact, both the State of Arizona and the CDC have referred to chickens as "pets" and have included information on their websites to help chicken owners care for their pets:
- State of Arizona recognizes chickens as pets
https://agriculture.az.gov/animals/state-veterinarians-office/backyard-birds (note the first line, they state "Raising poultry at home can be more than a hobby. Birds, like other pets...”) - CDC recognizes chickens as pets
https://www.cdc.gov/healthypets/pets/farm-animals/backyard-poultry.html (note the tab Healthy Poultry, and the section “Monitor your pet’s health”) - Pima County and the City of Tucson already permit hens for the vast majority of homeowners. Tucson even recently adjusted their setback requirements to allow people to more easily put up coops.
- Rancho Del Lago's HOA permits residents to keep hens.