Are local officials allowed to enforce a certain section of the zoning resolution in some cases but not others?

Question

Our local zoning resolution prohibits all forms of agriculture on fewer than three acres. It goes on to define agriculture as including the growing of fruits and vegetables.....poultry products.... 
 
We have been cited for having backyard chickens. The township does not enforce this code on people (including us) who have backyard gardens. We claim that our 6 chickens are to "poultry products" what a backyard garden is to "growing of fruit and vegetables" and that they should be exempt because they are for personal use. They respond that there is no exemption for personal use. In the same breath they say that gardens do not violate the agriculture clause because they are for personal use.  
 
Are they allowed to strictly enforce this code as relates to backyard chickens but ignore it as relates to backyard gardens?

Matthew Williams · Answer

As long as the enforcement and interpretation of the provision is uniform, i.e., as long as they go after other people with chickens too, their action would likely be upheld in court. Lax enforcement on a separate provision regarding the growing of fruits and vegetables isn't really relevant. The court will want to know about enforcement on the chickens. If your neighbors all have chickens, and you are the only ones the city comes after, then you would have a selective enforcement argument.

Terrence H Thorgaard · Answer

Also, they will make a valid point that they don't have the resources to go after EVERY violation.  They may argue that a few chickens are more of a problem than a few tomato plants.   
 
However it appears that you do have a potentially valid argument that the definition of "agriculture" is overly inclusive.  If a single apple tree bears fruit, it is defined (from what you write) as agriculture, despite the fact that the apples might only be eaten casually, if at all.  But it is harder to make the same argument with respect to chickens.  If you only grow a single chicken (as a pet, for example), is that "agriculture"?  It appears that the real distinction is whether the agricultural product (whether it is vegetable or animal) is to be sold.  I would argue that the ordinance is unenforceable until and unless it is amended to say what it means.

Q: Are local officials allowed to enforce a certain section of the zoning resolution in some cases but not others?