Originally Posted by sideWing
So..... we had to leave for a funeral over the weekend for a dear friend that passed away and lived 300 miles from us. We were gone for 2 days and we had to leave the coops open and the birds were up early crowing. This is what caused our neighbors to call on us and complain to the city about our roosters. We are hoping to move to a more rural area in March 16.
Some guy dropped by and said we had to have them gone by tomorrow (now today) and left a number for us to call. So I call the city planner at the number he gave us and ask the nice lady where in our city code it prohibits roosters.
Lady: Oh, yes, we just don't allow roosters in this city.
Me: Ok, please show me where that is in the code because I have spent a great deal on show quality birds. And family food production would not last long without a rooster.
Lady: Ok, let me see..... ummm....
Me: I'm looking at Chapter 2 section 10-1-2 is that what you're looking for?
Lady: Oh, yes that's it.. .you can't have roosters.
So I read it to her. Our city code says this.
"FAMILY FOOD PRODUCTION: The keeping of the following animals is allowed as listed in the chart below in the zones where the use is permitted. The number of animals may be doubled temporarily if the increase is related strictly to meat or milk production. The keeping of more animals than listed in the chart or allowed temporarily for milk or meat production may be approved as a conditional use where listed as a conditional use in that zone. Small animals shall be rabbits, chickens, pheasants, ducks, and pigeons. Medium animals shall be sheep, goats, turkeys, geese, and miniature horses. Large animals shall be cows, horses, and alpaca.
The keeping of animals must conform with good animal husbandry practices including, but not limited to, mitigation of noise, smells, insects, rodents, dust, or other nuisance type effects of family food production."
My lot size permits 40 small animals.
Me: So where in there does it prohibit roosters?
Lady: Well, ummm... we just don't allow it.
Me: I can see that the general consensus down there at city hall is that you don't like roosters, but I don't see an ordinance prohibiting it so I believe I will keep my roosters.
Lady: Wait, let me see (talking and whisper in the background). Ok sir. If roosters were allowed the code would specifically say they were allowed. Since it does not then you can't keep them.
Me: Ma'am a chicken is not a sex of a bird, it's a kind of bird. Just because the code says "chicken" doesn't in anyway specify sex. What your telling me is that I also can't keep my hens.
Lady: Well, you can suggest a text change if you like after you get rid of them.
Me: I don't need or want a text change Ma'am. I like the fact that I can keep all kind of chickens according to this code.
Lady: Let me give you the email to the head of city planning. I'm not sure what to do in this case.
(End of conversation)
IN THIS CASE!? You mean you have bullied every chicken owner in this city out of roosters for years on shoddy written city code!
I have written an email to the head of city planning stating that I will be more careful about "noise mitigation" and that I would get rid of all but 1 rooster for now. And that if that did not satisfy them then to let me know so that I can retain legal council since I'm not out of code with my "chickens".