Legality
- Cambridge law does not specifically address the keeping of chickens and ducks. The only mention of fowl of any kind is in the Animal Control Regulation, Title 6 of the Cambridge, Massachusetts Code of Ordinances. Section 6.04.070 states:
- No owner or person having the care of any domestic fowl, or any goats, sheep, swine, horses, oxen, cows or other grazing animals, shall permit or suffer the same to go at large, or to graze on any street; and no person shall publicly exhibit any animal in the streets or public places of the City except in accordance with a permit from the Superintendent of Streets.
- We have been cited as being in violation of section 4.30 of the Zoning Ordinance of the City of Cambridge.
- Section 4.30 is a table of use regulations. It was the decision of the Inspectional Services Department that our keeping of chickens and ducks is not allowed because keeping chickens and ducks is not listed as a permitted use on this table.
- We believe our bird keeping falls under the umbrella of “accessory use” as defined in section 4.21(a, g-2) of the Zoning Ordinance of the city of Cambridge. Accessory use deals with the things you do on your property beyond the primary use. This is the same section of the ordinance which allows you e.g. to keep pet dogs and cats, to maintain vegetable gardens, or to have a hobby room in your house despite the fact that none of these things are explicitly allowed in the table of use regulations (section 4.3).
- Our argument is that keeping these birds does not alter the primary use of our property, that it is incidental to the primary use, and should therefore be allowed.
- We responded to our citation in a timely fashion and have done everything the city has asked of us. It is our right to challenge our citation and our activities can not, in any way, be characterized as “willfully breaking the law.”
- The Zoning Ordinance of the City of Cambridge is available for you to view at the following URL: http://www.cambridgema.gov/~CDD/cp/zng/zord/index.html
