A written ruling by Roswell’s municipal court judge Maurice Hilliard deems the zoning ordinance the city is using to ban backyard chickens “too vague and ambiguous for enforcement.”

The order, filed last Friday, dismissed the case against Andrew Wordes, aka The Chicken Outlaw, cited in February for keeping a small flock of pet chickens in back of his home on Alpine Drive.

The judge’s order would appear to invalidate the ordinance Roswell code enforcers have been using to crack down on chickens in residential neighborhoods.

That would force the hand of city council members, who, despite a flood of media coverage of the Wordes case and solid backing for the alleged miscreant from chicken supporters, opted to wait for the case to play out in court before considering any change to current zoning restrictions.

Councilman Rich Dippolito, who chairs the city’s community development committee, said he would bring the issue up at Wednesday’s committee meeting.

“It would be just to start some discussion. I don’t anticipate anything being resolved that day,” Dippolito said.

Even as council revisits the issue, a new element has been added. Former Gov. Roy Barnes, who was defending Wordes, brought a new state law to the city’s attention that appears to preempt the city’s right to prohibit its residents from keeping poultry.

The new code, signed into law May 1, 2009, states “No county, municipality, consolidated government or other political subdivision of this state shall adopt or enforce any ordinance, rule, regulation or resolution regulating crop management or animal husbandry practices involved in the production of agricultural or farm products on any private property.”

Councilwoman Becky Wynn said she wants to talk to City Attorney David Davidson “to see what we can and cannot do. [The new state law] throws a little bit of a wrinkle in this.”

Dippolito said Assistant City Attorney Bob Hulsey’s interpretation of that law is “there is some leeway regarding municipalities. Apparently some changes were made before the bill was passed.”

But in keeping with Roswell’s newly adopted mission for “green” initiatives, the councilman said he was open to a discussion of zoning alternatives.

“Urban agriculture is growing nationwide, not just here in Georgia. We believe in moving toward sustainability, so with community input, we will see what is appropriate for Roswell.”