HELP in unicorporated DuPage, IL (possible bullying?)

6th_Happiness

Chirping
8 Years
Jul 17, 2011
61
11
96
Far West Chicago Suburbs
Hi everyone,

we've kept chickens for many years (almost 3 at our current address and for several years at a prior address in the same county). Only in the past year or so have we had problems, starting with an a visit from animal control on a complaint that our yard was "full of feces"- they looked around, said everything was clean and there was no problem. Months later a cop showed up, said someone made a report about our chickens (and miniature pet sheep (babydolls)) but he had no idea what he was expected to do since they all were obvious healthy and happy. Today, a different woman from AC came out (she took time to talk to our neighbour, but couldn't wait for my wife (who has MS so is a bit slow, but not THAT slow) to get to the door, and just left a citation. The citation lists 2 "violations" which are:

37-704.1 "Permitted Uses"​
http://library.municode.com/HTML/15060/level3/CH37DUPACOZOOR_ARTVIIREDI_PT2DIRE.html#CH37DUPACOZOOR_ARTVIIREDI_PT2DIRE_37-704.1PEUS
and
37-403.5 "Uses not specifically permitted / prohibited: "Except as hereinafter provided, when a use is not specifically listed as a permitted or conditional use in any specific zoning district, such use shall be expressly prohibited." http://library.municode.com/HTML/15....html#CH37DUPACOZOOR_ARTIVGEPR_37-403.5BUSTUS
Under the two codes listed, she wrote "Keeping chickens and sheep in a residential-4 district which is not a permitted use."

I do not understand the complaint since the first code listed is all about buildings. We have a house and 2 car garage and they come inside at night time. They free range in the day time in a fully fenced yard. There is NO coop.
Is this is as simple showing them we have no coop? Or does it mean something else?

Also, who else here is in DuPage? I saw this thread: https://www.backyardchickens.com/t/554591/unincorporated-dupage-county-illinois and from what one person commented, it seems like you're allowed your pets unless someone wants to cause you trouble, and then you are not. We need a dupage chicken group to support eachother on this kind of stuff, fix the laws and make sure this kind of thing doesn't happen.

I talk to/give eggs to all my neighbours. we have neighbours who bring their kids/grandkids over to watch the birds and sheep, feed them treats, etc. A neighbor down the street used to have horses that provided a similar attraction (although those were right up against the roadside; people have to know about us to come down the drive way and catch a glimpse).

I am semi-independant autistic and these animals really help me connect with my neighbours. They are something I have been fascinated with since very little, know a lot about, can talk to people about, and share with people the eggs. Without them (as was before i had them) I would hide from neighbours, or be quiet if I couldn't, and be very anxious. So it is very scary to imagine this being taken away.

I need to contest this and need whatever help I can find- advice from those who have been through this, support from those in the county who would come to support/talk if I have to go in front of the board, advise from those who might be able to make better sense of the codes above than I can.

Also, since it seems to be someone who just wants to cause trouble (since we had previous false reports (eg: the first complaint about non-existant feces), the 2nd was non-specific, and now this one), is there anything we can do to make them stop making complaints since they are doing it to bully? We were told they cannot tell use who made the complaints, but I know its none of the immediate neighbours (we've even had neighbours ask if the sheep could come "mow" their yards, and others offer to pay for the eggs, although I give them for free).
There is someone who would have reason to do it (we reported them for an animal abuse situation), and if we could prove that link, it might help. But I don't know how.

Sorry if this was long or disjointed, I'm very scared.
 
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what did the citation tell you to do? did it tell you a time line for action? $$ penalties?

i would call the AC officer, discus the situation with her. if a compliant was received, you might be able to find out who made it.

good luck.
 
I'm sorry those links don't go to the specific codes; I tried to cut/paste from the 'print' screen for the specific code but the links still go to the main section. You'll have to look for the specific number i listed and click it: 37-704.1 and 37-403.5
 
6th,

I opened the zoning code at the first link, and used the "find" feature on Internet Explorer to search for the words "chickens" "fowl" and "sheep." I did not find them.



I'm in the middle of the same process with my zoning in a small NC town. (My wife won't let me let anyone know where we are until our case is settled.)




Basically, in DuPage, if you are doingsomething unusual on your property, and they don't have it as a specified use, they put it in the hands of the Director of Economic Development and Planning. Parts A-K are the criteria. J is the only one I can see that might be an issue. The rest are not an issue.

Get with that person...

Good luck.

Dave
(Not a Lawyer, but I play one on the Internet)
 
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God.. that code is hard to read and understand.. likely done on purpose.. Anywho.. I did manage to pull this out of it:


Quote:

Sounds like you might be able to call for a second opinion on whether your chickens, as they are, are actually prohibited. I'd find it very strange if neighbors were allowed to keep horses, but you couldn't keep chickens in a clean environment.

Also, I'd put a call in to animal control and ask them to come out again and explain to you exactly what you're in violation of. Explain that in the past, they've come out 3 times without having cited anything as being a problem.. so what changed?
 
6th, I opened the zoning code at the first link, and used the "find" feature on Internet Explorer to search for the words "chickens" "fowl" and "sheep." I did not find them. I'm in the middle of the same process with my zoning in a small NC town. (My wife won't let me let anyone know where we are until our case is settled.) Basically, in DuPage, if you are doingsomething unusual on your property, and they don't have it as a specified use, they put it in the hands of the Director of Economic Development and Planning. Parts A-K are the criteria. J is the only one I can see that might be an issue. The rest are not an issue. Get with that person... Good luck. Dave (Not a Lawyer, but I play one on the Internet)

That's another odd thing.. I went back and looked at all there codes.. I can't find anything pertaining to keeping farm animals and the ordinances for that.. I can only find the occasional mention of horses and that they need to have a defined amount of square feet of stabling (275 feet actually).
 
Hi Alan,
I know your post is a few years old, but I was wondering how this situation played out. Our friends have chickens and a coop in unincorporated Wheaton and just were handed a violation notice today. Any insight or help you can offer would be most appreciated!
 

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