Stephens Co. Approves Nuisance Ordinance Changes

Stephens County Commissioners vote to make more changes to the county’s nuisance ordinance.

On Tuesday, the county commission approved the proposed changes.

County Administrator Phyllis Ayers said that Stephens County is getting rid of some county guidelines from the current ordinance in the agricultural area.

“We have removed the grid that discussed specific animals per acreage and then we have added language to follow state and federal codes,” said Ayers.

According to county officials, the changes basically eliminate what were spelled out distances where animals or fowl could be kept from occupied dwellings, along with some minimum floor area or square footage requirements.

This issue came up after concerns were raised about these guidelines and how strict they were during discussions surrounding other, unrelated changes that were made to the nuisance ordinance earlier this year.

Local resident Bryan Dooley raised concerns last month at a public hearing about the proposed changes, saying that there are no state and federal codes that govern this so potential problems could result if the county removes its standards.

Stephens County Commissioner Stanley London agreed and said he would like the county to look at some recommendations to use as standards in the ordinance in this area.

“The state says to rely on the county so I cannot take something out that there has been a reason (for it), which we have not had to rely on specifically and hopefully we will not, but if we take it out, it could cause problems for future generations,” said London.

London made a motion to postpone approval of the ordinance, which failed 4 to 1, with only London voting in favor of it.

Dooley again voiced his concerns to the changes.

He said that removing standards and using vague language leaves too much to interpret.

“The land use ordinance says ‘limited number’,” said Dooley. “What is that limited number? It is open to interpretation.”

However, Commissioner Michelle Ivester said she does not think just putting a number on anything will resolve problems that might arise.

She said she feels existing laws and codes would cover any problems that would result from any issues with animals, no matter how many.

“If you have 100 head (of cattle) and it is a problem, then it will be covered under nuisance ordinance, if it smell or noise,” said Ivester.

A motion to approve the changes passed 4 to 1, with Commissioner Stanley London voting in opposition.