This letter is intended to illustrate that rescinding the passed ordinance is not the right course of action because it is beginning to appear that the City will keep the Backyard Hen Community in a loop of “come back in a few years and try again” cycle. I try to point out how similar misconceptions, opinions and “maybes” were used in the past and are being used again. It is also to inform many of you who are newer to our community on the history of our efforts. When I share this line of thinking with others, two points come up: 1. They ask me about the former Councilmembers who wrote the Majority Report. I have attached the Majority Report. You may also find it on the website, thebubh.wixsite.com/bubh under the tab “documents”. 2. They ask me who the past and present Councilmembers are referring to when they state that some people are not capable of being responsible. When the conversation is based on data, research, and facts it is clear that what we have asked for (and granted, but now possibly being taken away due to an anonymous, unwarranted lawsuit) is reasonable, safe and fair.
“Thank you Mayor Goh and Council Members,
How did we get to this point? To understand the entire picture we need to start at the beginning, which is 2012 when the Council was petitioned to consider the same request. I have provided you a copy of the Majority Report released by the Council at the time. The short answer to how we got to this point is that decisions were not be based on data and facts.
Here are some of the 2012 Majority Report’s incorrect reasonings and inaccurate assumptions:
(first paragraph) “Councilmembers Maxwell and Johnson recognized the benefits for 4-H Club members and others who would be able to keep chickens in an acceptable manner” go on to write that “they (Maxwell and Johnson) believed there would be many more residents that could be negatively affected, compared to the limited number that would benefit.” They then write (bullet point 2), “however, other persons may be more prone to violate the regulations and create incompatible situations.” This is similar to what current Councilmembers have told the group of backyard hen supporters this go-around. If the Backyard Hen Community are the people that want to own backyard hens and are being told that we are responsible enough to own them, but are not allowed to, please clarify why this is happening. Then, identify the residents that would want to own hens that are somehow not part of the Backyard Hen Community that you believe are unable to follow the safeguards and restrictions of the passed ordinance. People who want to own backyard hens are the Backyard Hen Community. I’m confused, is the Backyard Hen Community responsible or not?
(bullet three) The report incorrectly reasons “Most residents consider chickens to be farm animals …” and goes on to claim “keeping chickens in residential areas is not considered appropriate by most.” This is inaccurate. Use the data from this meeting from Bakersfield residents that have submitted comments on the topic. More residents believe hens to be an appropriate urban pet.
(bullet 5) Here are the reported three years of registered complaints in 2011 - 32, in 2012 - 47 and up until the report in 2013 - 30. The report got it wrong when it claimed “Should the practice become legal and more widespread, it is reasonable to anticipate that the number of complaints will increase even further.” In 2020 it was reported that the annual registered complaints are approximately 10. Even though hens are not legal, no one argues that the practice has not increased and is known to be “more widespread”. This is because backyard hen ownership is an accepted practice in Bakersfield. The Backyard Hen Community took an already low number and decreased it even further while the practice became more widespread. Why are you so concerned about such a limited number of annual complaints? It was also reported that the majority of those complaints were about rooster. The ordinance restricts roosters. The Council should be saying thank you to the residents for being responsible. It is time that you align the ordinance with the community’s beliefs so that you do not make them criminals.
(bullet 7) The Majority Report states an opinion that has been debated and shown to be untrue. “Overall, ... impacts of allowing chickens substantially (my emphasis) outweigh the limited benefits (my emphasis) of allowing the practice.” The Backyard Hen Community has clearly demonstrated that the benefits far out number the concerns. And, of the limited and minimal concerns, there is currently an ordinance to hold people accountable that do not follow the safeguards and restrictions.
Councilmembers, If we do not learn from our past incorrect assumptions then we are destined to repeat them. This is how we have arrived at this point. Not only do I think you are intelligent enough to be reflective and learn from history, but I believe you to be responsible enough, as elected leaders, to come to the correct conclusion, which is to trust the Backyard Hen Community and lift the temporary suspension on the passed ordinance. To tell the people that want backyard hens that they are responsible enough to have them, but then say that the same people that will have hen are “other persons (that) may be more prone to violate the regulations and create incompatible situations” is not logical. The people that want to own hens are the Backyard Hen Community.
I have provided you the letter that I submitted to the clerk's office. In this letter I have asked additional questions and made several requests. I look forward to reading your response to them.
I have also provided you with our most up to date petition that supports backyard hens. We are now up to 2,178. As more residents are being informed of what is happening with this process our numbers have skyrocketed. We have not even scratched the surface of tapping into our support. This is now as much about hens as it is about the democratic process and our elected official being willing to work with the identified majority.
In conclusion, the Backyard Hen Community will not accept a rescind vote at this time. There are other options available to the Council. Before a decision is made there should be transparent discussion and unanswered questions need to be addressed. There is a process for participation and a responsibility for collaboration. The Backyard Hen Community will not accept a dismissal of “go away” as if months of cooperation and work never took place. The Backyard Hen Community expects this Council to lift the temporary suspension, or at the least, continue the temporary suspension as you partner with us to work towards a solution that allows for hen ownership. Especially, when we have demonstrated and continue to be told that we are responsible enough to own backyard hens.”