Utah!

[La Casa de Pollo]

I have engaged in an email with the Head of City Planning. The conversation with the regular city planning lady went like this.

[COLOR=333333]Lady: Oh, yes, we just don't allow roosters in this city.[/COLOR]

[COLOR=333333]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.[/COLOR]

[COLOR=333333]Lady: Ok, let me see..... ummm....[/COLOR]

[COLOR=333333]Me: I'm looking at Chapter 2 section 10-1-2 is that what you're looking for?[/COLOR]

[COLOR=333333]Lady: Oh, yes that's it.. .you can't have roosters. [/COLOR]

[COLOR=333333]So I read it to her. Our city code says this.[/COLOR]

[COLOR=333333]"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. [/COLOR]

[COLOR=333333]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."[/COLOR]






[COLOR=333333]My lot size permits 40 small animals.[/COLOR]

[COLOR=333333]Me: So where in there does it prohibit roosters?[/COLOR]

[COLOR=333333]Lady: Well, ummm... we just don't allow it.[/COLOR]

[COLOR=333333]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.[/COLOR]

[COLOR=333333]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.[/COLOR]

[COLOR=333333]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.[/COLOR]

[COLOR=333333]Lady: Well, you can suggest a text change if you like after you get rid of them.[/COLOR]

[COLOR=333333]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.[/COLOR]

[COLOR=333333]Lady: Let me give you the email to the head of city planning. I'm not sure what to do in this case.[/COLOR]

[COLOR=333333]Me: Thanks.[/COLOR]

[COLOR=333333](End of conversation)[/COLOR]

[COLOR=333333]IN THIS CASE!? You mean you have bullied every chicken owner in this city out of roosters for years on shoddy written city code![/COLOR]

[COLOR=333333]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".[/COLOR]

Go Sid! Go get 'em!

 

[RedIII]

Go Sid! Go get 'em!

X2!

 

[Doughie]

Good news!

I wrote a statement to the judge about the loss of my chickens due to the dog last month. The animal control officer said that the typical fine is $15 to $20 per bird. I went on the usda website to research hen laying amounts and % of drop after the first year as well as expected laying years.

I got $60 per bird for the BSL and the EE and $20 for the rabbit that thought he was a chicken!

Well written statements pay off!

 

[sideWing]

I am so glad you stood up to them. Sometimes buracrats think they can always tell you what to you. thanks for setting them straight. I liked the part where she said you just can't what a pain. Its very hot here still chickens are having a hard time adjusting

You made it down safely then?

Go Sid! Go get 'em!

X2!

Thank you both for the encouragement. I made it much more quiet so I assume I won't hear anything else unless someone complains. I don't think they will though, I can hardly hear them in my house at all.

 

[LadyIsadora]

Just a quick check in here. SideWing:
Utah's Constitution is written such that if a law does not strictly prohibit a thing, it is not illegal.
So if it is not specifically stated that roosters are not allowed, they ARE allowed. will work on finding the pertinent code specifically for the future.
I have forgotten more about Utah code than I care to admit.
Cynthia, Where are you?

 

[bitsyhorse]

Sid, I'd say get Gephardt he'll do a story on it.. and essentially 'bully' in a nice public sort of way... them into either following their own code, or rewriting it....


AND I got this in my email today... IT ENDS TODAY! get your rooster apron from Flirty aprons, for $10 (GREAT deal!) free shipping !!! this company is out of Provo

https://www.flirtyaprons.com/womens-aprons/show/rooster-apron

 

[RJSorensen]

As a thought on the rooster problem, it is my experience that if a ordinance is changed and or rewritten to exclude them, it is only from the time the ordinance is passed and approved by the city council. So you should be grandfathered in at the number of birds you have on hand at the time of the 'change.' They can not make the 'law' retroactive. So you might want to keep that second rooster just to give you some cap room.

Best to you and your fight with city hall,

RJ

 

[frmboyinthecity]

Sid, I'd say get Gephardt he'll do a story on it.. and essentially 'bully' in a nice public sort of way... them into either following their own code, or rewriting it.... AND I got this in my email today... IT ENDS TODAY! get your rooster apron from Flirty aprons, for $10 (GREAT deal!) free shipping !!! this company is out of Provo https://www.flirtyaprons.com/womens-aprons/show/rooster-apron

That's a nice looking apron. But it would just look silly on me. But $10 seems like a great deal.

 

[RedIII]

You made it down safely then? 




Thank you both for the encouragement. I made it much more quiet so I assume I won't hear anything else unless someone complains. I don't think they will though, I can hardly hear them in my house at all.

Yeah I don't think you'll have any problems unless you've got a jerk neighbor who has it in for you. I may or may not have had upwards of twelve chickens, two roosters and three turkeys in West Valley, all under the radar...... I may or may not have kept the rooster in the garage during the evening and morning hours and made friends with my neighbors...... No one was ever bothered enough to complain

 

[sideWing]

I just received an email from the head of city planning...................... The roosters stay!!




I'm thanking my creator right now!