EARLVILLE – The Village of Earlville continues to ticket a resident for harboring farm animals at his North Main Street home despite a higher court ruling in June that reversed a previous code violation conviction.
Michael Kicinski, who keeps chickens for a part-time business and hobby, was granted an appeal by Madison County Court in June, but appeared again before the village court last week after receiving yet another ticket.
No ruling was made at a hearing on Dec. 8. Village Mayor Toni Campbell said the attorneys on both sides of the case requested additional time to reconsider the violation.
Campbell also said her interpretation of Madison County’s ruling was that it was not exactly in favor of Kicinski’s appeal, but was rather thrown out based on procedural errors.
“I believe the local law was drafted, approved and filed through the proper procedures and that the merit of this law is not in question by the Appellate Court,” she stated.
Kicinski was ticketed for the code violation in October and given 30 days to remove the fowl. It was the third such ticket issued since 2008 after the resident said the law changed on him.
The exact number of animals on the premises is unknown, as Kicinski declined to specify, but village officials speculate he could be harboring “at least 100 chickens and a large number of rabbits.”
Kicinski alleges that he is not guilty. He said he obtained permission to raise chickens for the lifetime ownership of his property when he moved to the village back in 2003. The variance was in reference to a local 1963 law that forbids keeping farm animals within village limits. In 2006, Kicinski said the village even voted to allow him to increase the number of fowl up to 120.
A new law, which negates any variances to the earlier law, was passed in 2007, however. Mayor Campbell said that the prior board in office that gave Kicinski a variance “did not do it correctly.”
Campbell said Kicinski was granted an opportunity to appear before the board and be grandfathered into the new 2007 law, but declined.
“He had an opportunity, but said that it was not pertinent information at the time for him,” she said. “He chose not to participate.”
Kicinski alleges that the number of tickets and court appearances he has made constitutes harassment by village officials. He said he was found guilty in late 2008 and court ordered to remove the animals. He appealed, but in the meantime, was issued another ticket 30 days later for the same offense. Kicinski went to court again, but said he was told the judge wanted to delay ruling until his appeal was heard before Madison County Appellate Court Judge Biagio J. DiStefano.
“The Village of Earlville refuses to accept the decision of the higher court,” he said. “This has been a complete waste of the village’s time and taxpayer money.”
Village Clerk Christian Vischi said the village attorney’s and code enforcement officer’s duties having to do with the violations and hearings have cost the village nothing above the attorney’s regular retainer and Code Enforcement Officer Matthew VanHeusen’s salary.