HERALD/REVIEW
BISBEE - A proposed draft document that would grandfather in residents with livestock is being met with disdain by two residents, who have been cited by the city for having a herd of animals.
A herd is defined by the city of Bisbee as having three or more animals of a particular species.
The drafted grandfather clause states that any livestock or fowl kept within the city prior to July 1, 2004, and any replacements shall be permitted to remain in similar number and kind in identical premises and enclosures.
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Resident Jeff Harris said the drafted ordinance does nothing, and added he dislikes the portion where the number of livestock will be counted.
Included in the drafted document is animals must be kept on identical properties for at least six months and property where the animals are kept cannot be transferred.
Harris said the city did not have a choice to come up with another version.
"If they do not give us this right, they will be sued," he said.
Harris said he still believes he is exempt under the existing code as well as the proposed code.
"It does not legally take care of it," he said, adding he has already been cited under the existing law. He does believe that may be dismissed now.
In some ways, Harris believes the drafted document is a further restriction of the law and a slight tightening of the grandfather clause.
"I do not see it as having any impact at all," he said. "Why did it take them three or four months to come up with something (like this)? I do not see how it is an improvement."
Harris said he and Bisbee resident Bill Elliott (also cited for having more than two chickens) are exempt under the old grandfather law.
Elliott said the draft is outrageous, especially the wording similar number and kind.
He said the wording would forbid him to make any improvements to his pen or anything else on his property.
"If I have a hen and she hatches 10 chickens, I am in violation," he said. "(The draft) is far from a good thing. It is worse."
Elliott said the city is making more laws, not fewer laws. He said the only improvement is fines would be between $50 to $750.
"It's better than a $2,500 fine," he said of the current maximum amount.
Harris said he also does not agree with locking in July 1, 2004, as the date when the grandfather clause should start.
"I think they hope this shuts us up," Harris said.
Councilman Jack Porter said he thinks this draft is something the City Council can live with.

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Bill Stein wrote on Nov 22, 2008 7:45 PM: