Fort Smith Board adopts new ordinance limiting fowl numbers

The Fort Smith Board of Directors voted unanimously Tuesday night (July 11) to amend the city’s fowl regulations that will limit the number of fowl on certain size lots.

After much discussion, the board agreed to limit the number of fowl, which includes ducks and female chickens only, to 20 on lots between a half acre and five acres. The board also voted to have administration bring them recommendations for regulations regarding the regulations on fowl if any will be enacted on residential lots over five acres at the first board meeting in August.

On April 4, the board tabled the residential fowl regulations to review additional options. At that time a proposed amendment approved March 14 by the Planning Commission recommended that fowl be limited to ducks and/or female chickens only; allowing fowl on lots that are at least 5,000 square feet and setting a cap on the number of fowl allowed on larger properties at 10. The original proposed amendment also would prohibit roosters in the city limits and would require that all fowl be kept in a fenced rear yard.

Maggie Rice, director of development services for the city, said the main purpose of the Planning Commission for the proposed changes was to eliminate roosters due to the noise associated with them, reduce odor issues associated with too many fowl on properties and allow property owners with smaller lots to have a reasonable number of fowl. The existing ordinance allowed fowl on a minimum of a half acre and allowed roosters and fowl was unlimited.

After lengthy discussion on the matter at a June 27 study session, the ordinance presented to the board Tuesday allowed up to 20 fowl on appropriate-sized lots. All roosters were prohibited. The board agreed that having even four chickens and ducks on property smaller than a half acre presented a problem.

“I’m afraid we could cause some unintended consequences. I am all for no roosters, but I’ve seen plenty of properties … it’s not a good look, even with the (coops) in the back. Fencing is haphazard to say the least, and neighboring dogs that fence up next to property with chickens, drives these dogs crazy,” said Director André Good, describing a property he had looked at near his home that “looked and smelled bad.”

Good and Director Lavon Morton raised questions about the look of the city if homes with small amounts of yards – 5,000 square feet is less than a one-eighth acre.

“I understand people have rights, but your right cannot infringe on your neighbors. And they shouldn’t,” Good said. “This is not what we want the city of Fort Smith to look like.”

Prior to the ordinance passing Tuesday, Fort Smith Municipal Code only allowed fowl if a property owner has a minimum of a half acre lot. Director Neal Martin proposed the amended ordinance that passed that kept the lot size that allows chickens at a half acre and capped the number at 20 chickens, but he said he wanted no restrictions on lot sizes over five acres. Others on the board were hesitant to agree to that.

“We don’t want someone with 10,000 chickens. Chicken houses are not pleasant to live next to,” Morton said.

The board agreed they would look further into restrictions on lots over five acres at a future meeting, though as the ordinance that was passed Tuesday stands, there is no restriction on fowl on residential lots over five acres in the city. The newly passed ordinance will go into effect in 30 days.