Neighbor Complained to Town - Received Citation for Domestic Nuisance

[FeralAnalyst]

Our 4 hens wandered into the neighbor's yard. She complained to Animal Control who told us that if this happened again, we would receive a citation. This was the first time we have free ranged them since the fall.

Since the occurrence, we have kept our hens in their run or let them out briefly while supervised and they have gone nowhere near her yard.

A week later, our neighbor complained to animal control again. At the time of complaint, our chickens were in their run (so she lied to animal control). Animal Control issued us a citation for $25.

We requested a non-criminal hearing on the subject.

Has anyone experienced anything like this or have any thoughts on how to proceed?

This is the bylaw that we are accused of violating:
3.3.1. Dangerous or nuisance dog behavior, or other domesticated animals causing a nuisance. For the purpose of this Bylaw, dog behavior which is dangerous or a nuisance includes, but is not limited to, the following: molesting pedestrian passers-by or passing vehicles, including bicycles, attacking persons or domestic animals; or damaging public or private property.

Other details:
She said the chickens scared her grandson who now refuses to play outside. (We have never seen this grandson and we spend much of the day outside and would see them)

Our chickens are attracted to her yard because she has a dozen bird feeders, my chooks pick up the birdseed that has spilled to the ground.

 

[ElleMc]

Do you have a fence when they free range? If not, I'd go that route first. If you do, maybe add fencing inside your fence to make sure your chickens don't go near her yard? Then if you're granted a hearing, show pictures of the fencing you added. Not sure what to do about her lying - that's her word against yours. Maybe if you show you are taking measures to ensure that you are doing something to keep your chickens in, they will dismiss the citation?

Just a thought. Good luck!

 

[FeralAnalyst]

Thanks. We put up 5-ft garden fencing but they quickly figured out how to go around the house in the opposite direction. Will have to put up fencing on the other side of the house now.

We have a fence company coming to put up something more permanent this Spring, but they have a backlog of jobs at the moment.

Will definitely bring pictures to the hearing.

 

[rosemarythyme]

Definitely take photos of your set up and explain your routine and how you only let the chickens out under supervision.

Just as it is on you to prove that you are not letting the chickens onto her property, it should also be on animal control to prove you were in violation. I would ask outright for photographic or video evidence or witness testimony to support their case. If they will only provide a witness statement you should insist on having the witness available to testify on the facts of the matter.

Really all you're fighting for here is to have the citation withdrawn. I do hope you can get your new fence installed soon so you won't have to deal with more accusations from this neighbor.

 

[chicken opey]

I would get excited when our neighbor's chickens came into our yard. I would watch them because they would frequently lay eggs in the tall grass! I guess not all neighbors are excited about chickens. Hope you have it resolved soon.

 

[greggles]

One thought would be to get cameras that record movement of the hens. If it would require too many cameras to cover their whole range-space perhaps you could record just the edges of your yard. That would let you show if the hens were/weren't where the neighbor said they were.

 

[Kyanite]

You need fencing. If you are within a city limits (I'm assuming since you said animal control responded) you are likely subject to the same animal at large laws that applies to dog since that's what you were cited with. Aside from the neighbor lying, this will continue to be a problem until you have a fence. The neighbor cannot claim they were in her yard if they are fenced in yours. Problem solved.

I can't give you much advice on the current summons other than to take pictures of your current coop and run the explain the the chickens have not been let out since the neighbor last complained and ask for proof of the allegations. Without evidence of some sort, you shouldn't have been cited. And yes, I once was LEO. I could not just issue a citation based on a citizen's word. I had to observe it or otherwise see some evidence of the infraction myself.

 

[Sonoran Silkies]

It is your responsibility to keep your birds in your own yard. Depending on the breed, and your planned fence style and height, they may be able to hop, climb or fly over it, so be certain that it is tall enough to contain the breeds you have, and that bushes, trees or other objects the birds could use to get over it are not close enough for that to be an issue. Talk to your neighbor and apologize for your birds getting into their yard, and explain that they have not been out of your yard and control since the initial issue. Offer to show the birds to her grandson so that he will not be afraid.

As far as the citation, there needs to be proof that your birds were out of your yard/control if you contest it.

 

[lilapot]

How did it end out?