The city of Mexico’s planning and zoning commission discussed the topic of urban chickens after the council sent the potential ordinance back after the council discussed it last month.

After an in-depth discussion on the subject at its last meeting in May the council sent the issue back to the city staff to come up with an ordinance. Staff brought back those changes to the Mexico Planning and Zoning Commission on Monday, June 5.

The current ordinance allows for up to 10 chickens per acre of land with a 200-foot setback. Under those regulations, very few within the city limits would be allowed to own chickens prompting some residents to petition the city to change the ordinance.

If passed the new regulation would allow five or six chickens all of which have to be hens; no rooster would be allowed. The setback would be 20 feet from the property line for a chicken coop and the coops would have to be located in the backyard; no front yard or side yard coops.

Also not in the current ordinance is a process for licensing which would be a key cog to the new regulations. Mexico Community Development Director Rita Jackson said occasionally the city has to deal with a chicken running at large. The licensing fee would be minimal in the $5 to $10 range to cover costs but would help the city keep track of the chickens.

“It’s a tracking tool so we know where the chickens are,” Jackson told the planning and zoning commission.

Part of the licensing would require the person seeking the chickens to allow the city to inspect the chicken coop before the city signs off on the license. One idea was to periodically inspect the chicken coops to make sure owners comply. Jackson said the city’s attorneys have said that’s not legal.

“You cannot just tell someone you’re going to enter their property,” Jackson said. “The city would have to get permission. People have the right to say yes or no.”

Jackson said the city would have to knock on the owner’s door and seek permission if a complaint is filed. Jackson said the city may have to rely on neighbors if a chicken owner doesn’t let them on the property.

“A lot of times the person who makes the complaint says, ‘You can come on my property,’” Jackson said. “You’re just hoping maybe whoever has these chickens is nice and they let us come on the property.”

One part that was changed was to allow people who rent to also be allowed to apply for a license with the consent of the landlord. Betty Jo Sydenstricker, a board member, said it doesn’t feel right to tell a resident they cannot have chickens just because they don’t own the house.

“Just because they don’t own it they still have rights,” Sydenstricker said.

Jackson said there would have to be some limitations to multi family homes.

“It would be hard if your backyard is shared with several individuals,” Jackson said.

Another part of the ordinance not discussed in depth dealt with not allowing the sale of chickens or by-products such as eggs. Some board members were skeptical the city could enforce such a thing.

“Somebody is going to be on Facebook saying, ‘Hey I’ve got eggs,’” Sydenstricker said. “There’s not a way to control it I don’t think.”

Board member Mike Beardslee said it takes several months for a hen to produce eggs and that the costs will outweigh the benefits.

“It’s not going to save them any money in the long run,” Beardslee said.

Other board members also had concerns about the amount of time the city staff would spend dealing with the licensing and inspections.

“Do you want your people tied up checking on chickens?” Board member Dave Wilburn said.

The Mexico city council met on Monday but did not have urban chickens on the agenda.