Lee County residents who want to keep chickens in their backyard took a significant step toward winning that right Tuesday, as county commissioners ordered staff to get working on a potential ordinance to make it legal.
The instruction requires community development staff to go through the process used to develop proposals for changes in land use rules. At present, it is unclear whether such an ordinance would get the three votes on the commission needed to approve it.
Commission Chair Brian Hamman made the suggestion after he and colleagues refused to second motion from Commissioner Frank Mann for a non-binding referendum to gauge public interest in allowing backyard chickens.
With no second, the issue seemed as dead as a supermarket rotisserie chicken before Hamman spoke up.
Commission Chair Brian Hamman stunned two dozen supporters when he suggested having staff research and draft an ordinance to allow chickens.
“I like to err more on the side of freedom than on the side of government regulation,” Hamman said. “I have been skeptical when it came before us in the past and have not supported (allowing backyard chickens).”
But Hamman said he had spoken with the mayors of the incorporated cities of Fort Myers and Bonita Springs, both of which have allowed backyards chickens for several years.
“Both of them reported back to me that they were skeptical at first and the mayor of Fort Myers said he has received zero complaints,” Hamman said.
He then stunned an audience that included more than 30 supporters of backyard chickens who had addressed the commission.
“A referendum is way too much to put you all through to do this,” Hamman said. “You all elect us to make policy decisions and an ordinance on backyard chickens is a policy call.”
Hamman announced he would support a motion to begin the process of drafting a backyard chicken ordinance “so that the people could have their up or down vote on that issue.”
The surprise news came after commissioners spent close to an hour hearing supporter explain why they wanted a backyard chicken ordinance.
A procession of speakers was looking for only an advisor referendum, with all the authority of a public opinion poll, never believing their words could lead to a possible ordinance and formal vote on chickens in Lee County.
In another contrast to prior commission consideration of the issue, the pro-chicken effort was designed to portray backyard chickens as a mainstream issue.