Chicken, pet rule changes possible in Brookings

City Council listens to proposal from law enforcers

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BROOKINGS — No one did the “Chicken Dance” and few feathers flew, but the feathered fowl were front and center at the Brookings City Council meeting on March 24 after proposed ordinance changes made it clear the birds would be banned within city limits.

“I think it’s no secret in this community that I am a big supporter of backyard chickens. I am passionate about raising chickens in a responsible way that would be appropriate within city limits,” Councilor Holly Tilton Byrne said. “I support many of the updates that are being proposed here, and I appreciate a lot of the work. I would say that myself, I would probably not be able to support that particular change.”

The proposal is nested within a larger package of updates and changes that would affect the city’s rules regarding animals. It was presented by Brookings Police Chief Michael Drake and Community Service Officer Supervisor Hudson Spoonemore. It’s expected to be in front of the City Council again at its April 14 and April 28 meetings for additional discussion and possible action.

City residents are currently allowed to have chickens, but there is a limit to how many — six animals in all — along with a 125-foot setback requirement from an adjacent dwelling. In other words, they can’t be too close to the neighbors.

“In my opinion, continuing to allow a 125-foot setback for keeping of chickens really doesn’t impact a lot of neighborhoods or individuals, but (banning chickens) would take away that right from individuals that do have a large enough space in order to be able to do that,” Tilton Byrne said, noting that few properties in the city meet chicken-hosting requirements.

Drake agreed regarding the scarcity of properties that would be able to have chickens, saying that research found that more than 90% within the city wouldn’t be able to have the birds.

“There were only some of those agricultural ones that were on the periphery of the city that came into play,” he said.

Drake added that the impetus for the proposed chicken change came about because people weren’t following the existing rules in the first place.

“We had a structure fire last year that was caused by backyard chickens,” he said. “Folks were keeping them, and they wouldn’t have been able to.”

In the end, Tilton Byrne offered an amendment to the proposed ordinance changes that would keep chicken ownership legal within city limits. It passed on a 6-1 vote, with Councilor Wayne Avery the sole vote against it.

The addition of the amendment means the overall package of proposed changes will have a second first reading April 14, with an actual second reading and possible action by the City Council on April 28.

Other impacts

Chickens aside, the proposed updates and changes would also have a host of other impacts on animal lovers in Brookings. If passed, it would:

• Revise pet licensing structure commensurate with current vaccination protocols to encourage and support responsible pet ownership.

“This really has to do with encouraging folks to license their animals when they’re here in the city,” Drake explained. “That’s not just for us to watch over them, but it ensures vaccinations are kept up to date and, in case animals are lost or misplaced and need to be reunited with their owners, it’s a lot easier to have that pet licensing to help encourage that ownership reunification.”

• Adjust fines for certain ordinance violations, along with adding financial penalties for violations of newly adopted ordinances. It would also enhance penalties for repeat violations of the dog-at-large ordinance to, per city documents, “encourage compliance and prevent recurring violations.”

• Make changes to rules aimed at helping to provide care for injured, diseased or mistreated animals, as well as liability protections for officers carrying out related duties.

• Enhance rules pertaining to restricted animals and creating a vicious animal designation. The Dunbar Aggression Assessment Scale would be implemented as well; it’s described as a tool used nationwide that provides an objective and transparent guide for safety-focused intervention measures.

Drake noted that the proposed changes in this segment also clean up the appeal process — “which was extremely vague” as it relates to restricted or vicious animals or if bites were involved.

• Establish collaborative and proactive rabies control measures. “This really tightens the spread of the disease throughout, especially our community,” Drake said, in addition to the county and state.

He said the overall proposed changes had involvement from the Humane Society, along with local veterinarians and members of the public. Drake added that the BPD expects no additional funding to implement the changes if the City Council gives its blessing to the proposal.

Furthermore, he emphasized that the proposed ordinance changes are designed to be breed-neutral when it comes to dogs.

“All of these ordinances that we look at, especially when we talk about dogs, we’re not looking to discriminate against the breed or a type of dog. That’s irregardless to these ordinances. This covers all dogs,” Drake said. “This is a very anti-discrimination toward breeding dogs because a lot of times we hear those words and we’re immediately like, ‘What breed are they?’ These laws, it doesn’t matter. It looks at just the dog, the injury or the action that has occurred, and then it follows a matrix.”

He concluded, “I think that’s much easier for the public and the community service unit to follow.”

Other business

Councilors tackled a couple of other items at their March 24 meeting, including 7-0 votes to approve:

• New rules, formally known as Ordinance 26-010, that give the city additional flexibility when it comes to handling its response to dead, dying, diseased or infested trees of any species.

Dutch elm disease and the emerald ash borer beetle have been detected in the city, and pine wilt fungus has reared its head, too.

“We have some other diseases and infestations that are likely going to make an appearance here in the next 10 years (as well),” Parks, Recreation and Forestry Director Kristin Zimmerman told the Brookings City Council at its March 10 meeting.

• An election agreement between the city and Brookings County for 2026. The city has set aside $21,000 for its municipal election in November, which will be held alongside county, state and federal elections.

• Authorizing City Manager Paul Briseno to negotiate and execute a construction manager at risk services contract with Hausmann Construction Inc. for the construction of a new Brookings Police Department headquarters.

• Awarding the slurry seal contract to Asphalt Surface Technologies Corp. of St. Joseph, Minnesota, at a total project price of $1,337,150.62.

The city has used the slurry seal approach for a few years now instead of the old-fashioned chip seal process. History has shown that the slurry seal process is quicker to implement, less intrusive to motorists, and its durability is exceptional.

— Contact Mondell Keck at [email protected].

Comments

One response to “Chicken, pet rule changes possible in Brookings”

  1. Ellys Blake Avatar
    Ellys Blake

    “That government governs best which governs least” ~ Thomas Jefferson

    If you have to pass laws, why not pass laws that actually help working class folks – like rent control on Apartment complexes with more than 10 units. All the big apartment complexes in town built in the last 10 years are too expensive for single adults with general labor jobs; and also for families with children; and often they are doing it on the backs of parents housing their college aged kids; and college aged kids who are paying the rent with Student Loan Funds they won’t repay anytime soon. Since Covid, this town has become ridiculously expensive. This is a rural town, in a rural county in a fly-over state and most folks like it that way. Stop trying to make it Sioux Falls.

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