All fowled up in C.B.S.: Town evicts pet chicken, family tired of fighting

A Conception Bay South family has lost its battle to keep backyard chickens, and is puttingthe one remaining hen up for adoption, the final chapter in a story the town says is not about taking a child's pet.

• Backyard chicken coop banned in Conception Bay South

The eviction notice from the town's lawyers saysthe chicken, Brownie, has to be gone by Friday, Nov. 18.

"My family (Fred and our three girls) and I are heartbroken," Alicia Penney-Harnum posted on Facebooka few daysbefore the deadline, as she appealed for help.

This is not about taking a child's pet away. Agricultural use is not permitted in this subdivision.- Dan Noseworthy

"We have a very limited amount of time to find this sweet fluffy girl a loving home! I'd preferably like her to go somewhere close by and where I could see her from time to time."

Penney-Harnum told CBC Radio's On the Go Thursday that the letter from law firm Roebothan McKayMarshall followed a town council directive in March.

The letter warned that failure to comply could mean a $1,000 fine or up to three months in jail.

'Too stressful to continue the fight'

After consulting with a friend, who's also a lawyer, Penney-Harnum said the family decided it had no choice.

"With three small children and Christmas coming up, it may be a bit too stressful to continue the fight."

While the family once had several chickens in their backyard coop, Brownie is the only oneleft.

"She is definitely a pet. She comes inside. She follows us around the yard. She spends most of her time in the backyard, scratching for bugs and so on," said Penney-Harnum.

"She makes no noiseand very little waste. It would be a lot less than, say, a dog or a cat."

Brownie will relocate to a nearby farm.

Shespends most of her time in the backyard, scratching for bugs and so on.- Alicia Penney-Harnum

"I have a friend in C.B.S. who's willing to take her. They have a farm. It's a historical farm. The farm was established before C.B.S. became incorporated, so they're allowed to continue to have their farm there," Penney-Harnum said.

"She'll be safe there."

She said her family will take Brownie back if the town changes its bylaws, but she doubts that will happen.

In the meantime, she has some explaining to do to her children who don't understand why parrots and budgies can be pets, but not chickens.

"Especially my middle daughter, she's six. She is a real animal lover she is taking it the hardest," said Penney-Harnum."She just can't understand why people would make her get rid of her pet just because she hasfeathers."

More to the story

But the town said there's a lot more to the story and it doesn't think it's fair to be presented as a villain.

"This is not about taking a child's pet away," said Dan Noseworthy,chief administrative officer. "Agricultural use is not permitted in this subdivision."

Noseworthy said there have been "considerable" concerns raised by neighbours, about chickens wandering into their yards and about livestock that included goats and ducks.

"We've been there. We've seen more [than just Brownie]," he said.

Farm animals are permitted in some areas of C.B.S., but lots on the street where Penney-Harnum lives are 50 by 100 feet, and it's hard not to have an impact on neighbours, said Noseworthy.

He said the case has gone to the Eastern Regional Appeal Board, which upheld the town's authority to order the eviction.