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Linden council halts immediate adoption of chicken ordinance after split vote, directs staff to revise setbacks

City of Linden City Council · September 8, 2025
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Summary

Councilors debated setbacks and HOA impacts for Ordinance No. 421 (Chapter 90: Animals); a motion to adopt as written failed 4-3 and a subsequent rescission passed unanimously. Council directed staff to return the ordinance with a 75‑foot distance from dwellings and a 10‑foot property‑line setback.

Mayor Elizabeth Armstrong and councilors spent substantial time on proposed Ordinance No. 421, which would amend Chapter 90 (Animals) to set distance and setback rules for backyard animals. City Manager Ellen Glass reviewed the draft and summarized resident feedback and wetlands language that had been incorporated into the proposal.

Councilor Denise Miller moved to adopt the ordinance as presented; the motion (seconded by Councilor Thomas Hicks) failed on a 4‑3 roll call (Ayes: Jerry Link, Denise Miller, Thomas Hicks; Nays: Mayor Elizabeth Armstrong, Brenda Simons, Pam Howd, Brad Dick). After confusion about what had been voted on, Miller moved to rescind the failed motion; the rescission carried 7‑0.

Mayor Armstrong said some residents told her that homeowners associations would face significant expense and difficulty amending bylaws if the ordinance remained unchanged, and she asked the council to consider a larger distance from dwellings. Councilors also discussed how permit language and wetlands protections would apply citywide rather than be limited to HOA properties.

Following the votes and attorney clarification, Council confirmed staff should prepare a revised ordinance with the following setbacks: 75 feet from the dwelling and a 10‑foot setback from the property line. City Attorney Gildner and City Manager Glass advised that the ordinance would be returned for formal action at a future meeting once staff incorporates the changes.

Next steps: staff will prepare an amended draft reflecting the 75‑foot/10‑foot setbacks and return it to the City Council for consideration and a formal vote at a future meeting.