They are taking my chickens away.

[chick-adee]

I live in the suburbs, and I was told that you could have up to 6 chickens. I started with chickens two years ago, and have lived happily with 4. A zoning officer saw my chickens, and told me that I have ten days to get my chickens out of here. Apparently there was a hearing, and it was ruled that you couldn't have chickens where I live, a couple years ago. I know someone, who can take them, but still. They are my chickens!!! I can't let them go!

 

[Blooie]

Go to your town hall and ask to see a copy of the hearing where that was changed. Don't take "no" for an answer - as a citizen you have every right to see it and they have to provide it as a matter of public record. It's the law. Then make it clear that your chickens were present before that ruling was passed and as such should be grandfathered in. That's where you start. As I see it you have two choices.....you can either get mad and complain about it - and not a soul blames you for that, believe me! - or you can become proactive and do everything legally possible to get that grandfathered.

Just a question - when you were told you could have 6 chickens, did someone just tell you that or did you get that from a city official? If so, do you remember who you talked to and approximately when? You can also ask for a copy of the original regulation that the new rule changed so you are armed with both the old from when you got your chickens, and the new. See if that new ordinance specifically says anything that means that any chickens kept in the neighborhood before that date must be removed, or does it just say, "chickens are not allowed" or some such that would mean that new chickens cannot be brought in. And word of advice from a former city official.....as frustrating as it is, how you present yourself and your argument is important. So lose your cool here on the forum, but not within the walls of town hall. Good luck.

 

[Blooie]

I got my chickens after the trial. I was told by a family friend, who has chickens, that I could have up to six. That was two years ago. I think the trail was more like 4 or 5 years ago, but I'm not sure. I'll look that up.

In that case, I'm afraid you don't have a very good chance here. If there was a "no chickens' ordinance on the books, and you got chickens anyway, you are in direct violation. The argument about chickens being "domestic house animals" doesn't usually work. In the usual definition of house pets, those are animals which are commonly accepted as domestic pets. Chickens will almost always fall under "poultry and livestock."

I'm really sorry you are going through this. So many others have as well, and it stems from not researching the regulations before folks get chickens and get attached to them. When they get "caught", it seems to be blamed on the local officials instead of a lack of research on the part of the owner. Trying to get permission to do something when you've already shown that you are willing to ignore regulations is a tough sell. Good luck.

 

[Percheron chick]

Bring up management issues before they do. Noise, how much does the average hen make. No geese, no roosters. Waste disposal. Is composting promoted in your community? Tie that in with the reduction in landfill. Reduction in pesticides with hens consuming larvae and bugs. Think on your feet but don't try to snow them. If you don't have a good answer, tell them you don't know but will get it for them.

 

[Blooie]

Here in Fla. Zoning can issue up to a $250 a day fine to the property owner, per fowl. That would mean 6 fowl x $250 = $1500 a day & the fine could run twenty(20) years or the property abated and forclosed upon( if the owner refuses to comply. Banks are notified if they hold the deed to the property and will get involved too as they dont want to lose the home/property to the city or county and may cite the home owner for breach of contract). if the property owner doesnt find a home for the fowl/livestock with in thirty(30) days or refuses to comply. Thats alot of information to take in I know.. It's probibly best to remove the fowl until you get the ord changed.. Since you didnt mention what your fines would be, and they will issue a fine. The anti govenment folks are quick to claim Big Brother is reaching into the pockets of the honest man. But in reality a City or County Government just wants conpliance and the fine is issued as a last resort.. Yes many Zoning officers nation wide veiw this and other websites, some of us live in areas that are zoned to keep fowl and do have them legally, while we feel your pain we see & understand the reason behind zoning laws. Many Cities and Counties do not allow fowl or livestock in residential areas and is why there are Rural Areas in those locations, however some Cities and Counties allow (with a permit) up to 4 hens & no roosters in some juristictions. In some cases a property owner can request a special exception from the board of county commissioners or city board for a single thereputic bird/fowl for a bonafide special needs child. Always remember those who tell you to just do it, are not going to step up and pay your fines! Good luck in your endevor.

Yep, yep, and yep! I also make sure to let folks in this situation know that they have an uphill battle if they go to their local officials and try to get a variance or exception if they are already in violation when they go in to make their case. Kinda hard to prove that you will abide by any regulations they pass if you've already shown that rules don't matter to you!

 

[Tomahawk]

Civil disobedience. Force them to seize and euthanize your ladies. Document the act and have neighbors vouch for you.

Jmo.

 

[Lanlul]

Right you are. Keep us posted.
I would ask the board," what can I do to keep my chickens?"

 

[Blooie]

Okay, got your research hat on? Pencils sharpened? Bifocals at the ready? Pot of coffee on? And, of course, your temper tucked firmly in your pocket? Good, then here we go.

As I see it the first place to start is research. That's going to mean burning some midnight oil because you're on a tight time frame here. You first need to find out which nearby communities in your area allow chickens. See how their regulations are written. Do they limit the number of chickens? Rooster restrictions? Permit required? What are the setback requirements for where to locate a coop. What are the enforcement options of the town or city if an owner is found to be in violation? Are there any definitions that differ from town to town - in other words, some communities list poultry, then list chickens separately. I've never understood that delineation, but officials being officials sometimes the more words they put into an ordinance the more meat they think it contains, even if they are comparing apples to oranges.

Okay, now that you have that it, put it into a concise document. It doesn't have to be fancy - at these meetings nothing will shortchange your efforts like presenting 50 pages of stuff that they don't have time during a meeting to read. You could simply put, "Mainsville. Limit 4 chickens. No roosters. Set backs ___ feet from neighboring properties, ____ feet from fencing, ____ feet from public roadways. Enforcement - warning 1st offence, fine 2nd offence. Removal of poultry and fine 3rd offence. Then list the next community, and so on. Have I lost you yet?

If not, read on. Now find people in those areas and in your area who have chickens. Here's where you have to spend a little money. Put brief ads in the local papers, asking for fellow poultry owners to attend the meeting with you and answer concerns that they have overcome in their setups. All you have to say is something like, "Looking for help from local chicken (specify chicken!) owners to form a group in order to facilitate keeping of backyard chickens in ___________________(name of your community)." Then when they contact you, try to pin them down. Will they provide documentation from local ordinances and explain their positive experiences? Do they have an existing group you can join?

Now you need approval from your neighbors. That approval has to be more than, "George has chickens and it reminds me of growing up on the farm, plus I like the eggs. Thank you." That ain't gonna cut it. You need them to affirm that your facility is kept clean, that you take good care of the birds, that you are diligent in not allowing your chickens to be a nuisance, and that they would have no objection to you continuing your hobby.

Okay, you have your neighboring communities' ordinances. You have put it into a concise outline. You have your newly formed Poultry Guild members (or have joined an existing one). You have written approval from all of your neighbors. Now you need an ounce of courage, a pint of confidence, a quart of humor, and a gallon of courtesy. You are ready. Now go get 'em!

 

[chick-adee]

Okay I decided on an acronym: Chick N Po-Op (Chicken and Poultry Operation)

Update:
I talked to a chicken group near me, I asked my neighbors to make a letter, I have made a petition, I am going to stand a the Local Farmer's Market WITH the petition, and I thought of a name (shown above). YAAAAAAAAAAAAAAAAAAAA!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

 

[Code man]

Here in Fla. Zoning can issue up to a $250 a day fine to the property owner, per fowl. That would mean 6 fowl x $250 = $1500 a day & the fine could run twenty(20) years or the property abated and forclosed upon( if the owner refuses to comply. Banks are notified if they hold the deed to the property and will get involved too as they dont want to lose the home/property to the city or county and may cite the home owner for breach of contract). if the property owner doesnt find a home for the fowl/livestock with in thirty(30) days or refuses to comply. Thats alot of information to take in I know.. It's probibly best to remove the fowl until you get the ord changed.. Since you didnt mention what your fines would be, and they WILL issue a fine. The anti govenment folks are quick to claim Big Brother is reaching into the pockets of the honest man. But in reality a City or County Government just wants compliance and the fine is issued as a last resort.. Remember the zoning ords have been inplace for many years. Yes many Zoning officers nation wide veiw this and other websites, some of us live in areas that are zoned to keep fowl and do have them legally, while we feel your pain we see & understand the reason behind zoning laws. Many Cities and Counties do not allow fowl or livestock in residential areas and is why there are Rural Areas in those locations, however some Cities and Counties allow (with a permit) up to 4 hens & no roosters in some juristictions. In some cases a property owner can request a special exception from the board of county commissioners or city board for a single thereputic bird/fowl for a bonafide special needs child. Always remember those who tell you to just do it, are not going to step up and pay your fines! Good luck in your endevor.