By Aidan Mortensen | KOAL News

As the Helper City Council met on Thursday, Oct. 2, one main issue took center stage: an ordinance change allowing roosters within city limits. Following a public hearing and debate among the council, the resolution was voted down 3-2.

Opening the discussion was Shelly Elliot, owner of Helper Hens and the requester behind the potential ordinance amendment. 

“I know we had a really good discussion in Planning and Zoning where we went over the details of lot size and how closely packed areas of Helper are, to only allow roosters in areas that have a certain area. It won’t change any of the other ordinances regarding cleanliness, being an eyesore, things like that,” explained Elliot.

Under the current Helper code, roosters are prohibited within city limits. Hens, however, can be kept under Helper City Code 18.90.090.H, which reads,” Properties in size from 2,500 to 5,000 square feet (lots 0.06 acres to 0.11 acres) are permitted a maximum of three chickens. Properties from 5,000 to 10,000 square feet (0.11 acres to 0.23 acres) are permitted a maximum of six chickens. Properties 10,000 to 20,000 square feet (0.23 acres to 0.46 acres) are permitted a maximum of 10 chickens. Any property in size larger than 20,000 square feet (0.46 acres or larger) is permitted a maximum of 20 chickens.”

Elliot sought to change 18.90.090.H.2, which prohibits rooster ownership outright, instead raising the amount to a total of five.

“It would allow me to keep my business open, which would mean a lot. It’s been five years since I started this process,” stated Elliot, closing her time at the podium.

Next in line for comment was Kathy Fausett, who stated that she had not heard any negatives regarding Eliot’s business; she was concerned about the amendment potentially creating a noise issue. “I’m not against her having a rooster, but I don’t live next door to her, so I just think that’s something that we need to keep in mind, what’s going to happen when the neighbor who is already mad calls the police and turns in a noise ordinance?”

Closing public comment, the council opened discussion among themselves, with councilmember Ed Chavez expressing concern over the noise,” I’ve had a neighbor that had a rooster, illegally, waking up at 4:30, 5 a.m. and crowing every 30 seconds, you know?”

Councilmember Bob Olson questioned how the number increased to five, instead of one or two, with Elliot responding,” We came up with five just because of the number of roosters it takes per hen to fertilize … You really need one rooster for every six hens to keep good fertility ratios up.”

Mayor Lenise Peterman asked Police Chief Sean Draper if the city had any problems elsewhere with noise violations due to roosters, to which Draper replied that such incidents had occurred before.

Elliot explained that she perceived this as a retaliatory issue, rather than a policy one. “I would say this particular neighbor, I think it’s more of a personal issue. Before we got the roosters, we talked to him, and he said he can’t hear them from the house, and he likes it. We did ask him to stop shooting guns and city limits, and he was threatening to shoot stray cats,” she alleged, before adding,” I feel it’s more retaliatory than a real concern.”

Olsen proposed creating a variance in the ordinance that would allow licensed businesses to have more than one rooster. Councilmember Dave Dornan chimed in and stated,” I would be in favor of adjusting this and making it a little bit more about noise ordinances.”

Helper resident Bradley Marston approached the podium and echoed the noise ordinance perspective on the matter, delivering a potential enforcement solution through the use of noise measurement devices.” If we send our fine officers, the men and women in blue, out to address the issue, how are they going to quantify that noise? Whatever that limit may be, they can take an audio meter out there and actually test to see if they’re in violation.”

Marston added,” I want everyone here, the City Council, the mayor, to be focused on solutions and how to achieve them through actual measurements.”

Following Marston’s comments, the amendment was put to a vote. In a 3-2 split decision, council members Dornan and Lori Barrett voted in favor of the bill, with Olsen, Palacios and Chavez voting against it, killing the motion to approve the change.

In a post shared on social media, Elliot spoke on the impact the decision will have on Helper Hens. “Helper City Council voted no on the rooster resolution and there doesn’t seem to be a way forward at this time with the city. I’m devastated. It’s been a blow emotionally, mentally, and financially.” She continued,” I want to thank everyone who reached out with emails, messages, and letters that I shared with Helper city. It meant the world to me that you took time to do that and the messages were so encouraging and humbling. I’ll take the knowledge that I gained over the last five years with me in to the future and hope to move and restart someday.”