10 days to remove all chickens and roosters in small town INDIANA!!!!

[addiedunn]

The big blue notice was taped to my front door yesterday. In the big blue notice, they included part of the ordinance that states "It SHALL BE UNLAWFUL FOR ANY REASON TO KEEP ANY DOMESTICATED FARM ANIMAL OTHER THAN FOUR DOGS AND FOUR CATS WITHIN THE CORPORATE LIMITS OF THE CITY". And they have hand written on the big blue notice, too. "Please remove roosters, chickens and any other animals that do not comply with ordinance".
I'm not even sure where to start but I can tell you this: I have had these birds going on 2 years. Our county allows it, so yes, in a way I did check the ords before I got them. Our little town sits within the Indianapolis area, where it is legal to have them. I wrongly assumed that I could have them since I was also in Marion county. I guess my city officials think otherwise. I think it may be due in part to a scorching e-mail I wrote to my Mayor. He has been running our city into the ground, looking out for only himself and a few of his goons. This side story is longer than any of you would want to read, but trust me... this little town is reeling from all he has done in his term and I had enough one day and wrote and told him what I thought about him. Maybe not the slickest move I've ever made.... but when I look at the run down rentals that are out of control on our block alone, I have to wonder. When they put up the big blue notice, there were tracks going up my driveway where they walked between the houses to see if I had chickens. They completely overlooked the big dilapidated house that sits right next to ours. It has been in need of repairs for months, if not years, but I didn't see any big blue notices on that door, for that slumlord.
Also, on a side note.... this same animal control officer stopped by my place last July and we had this conversation once. He said he "didn't think" you could have them and I said, "I'm pretty sure I can."
He said, "let me get back to you on that. Don't do anything yet." (like I was going to).
That was it. The end. I heard nothing more until yesterday. Now I have 10 days to comply. What would be my best course of action at this point? I really don't want to get rid of these birds. And if I do exactly as they ask on this big blue notice, does that mean they are going around abolishing hamsters, gerbils, turtles, snakes, iguana's, fish... you see where I'm going with this? And btw, somewhere in the ordinance it does say that caged birds are allowed.
HELP. please. I haven't posted on here in so long but I still tell everybody I know about this site and I frequent it these days only for solutions, which y'all are great at. So I'm hoping I can get a solution to this mess, as well.

 

[Little Ameraucana Mom]

I don't have an answer for you, but I sure hope you get to keep your chickens !!!! If it says you can keep caged birds, I would think you could fight it.

 

[The Chicken People]

I am sorry you are going through this hopefully someone will chime in with help!

 

[natrgatr]

You need to go to City Hall and get a copy of the city ordinances so you can verify the wording in the ordinance itself. You also need to look through there and see if any other oridinances contradict the one the city is citing, and to see if there are rules to obtain a variance, in case they are banned.

 

[Roy]

In my opinion, if the law states that you can have caged animals, then I would explore this possibility, at least for the time being. Good luck to you...

 

[augustmomx2]

I live right on the edge of Beech Grove (not in) and know all to well (through my place of employment) how things go down in there. I know the way the Mayor does things

Now onto your chickens. Was the notice from Beech Grove or from Animal Control? Did they cite specifice ordinances and where did the ordinances come from? Marion County code or BG code? Animal Control is controlled by the city of Indianapolis. I work in the local court system and often see the animal cases that come through. I have spoken to the attorney who prosecutes the animal cases, specifically asking her about my chickens. She has assured me that since they are not "at large" I am fine. Are your chickens roaming or are they in a coop/run?

In my opinion, I would not comply. I would certainly have my day in court and it probably won't even come to that. My guess is that they are just trying to screw with you, as I'm sure the Mayor of BG took your email personally & BG is such a small town, that they have time to do so.

Now, onto the dilapidated buildings on your street. I work for the Health Department and know the procedures in and out. PM or email me your specific addresses and I can get you the info to let you know if anything is being done currently. I can also give you phone numbers, names and "hints" how to get things moving

Hope this helps, make sure to email or pm me...I'll help you fight

 

[Keri78]

Edited for inappropriate political comments

 

[rdavis85]

I went thru a similar situation a couple years ago. First i have a farm in the township not in a city. Long story short the Deputy was trying to use an ordinance that said you couldn't keep more than two fur bearing animals etc. I told him if he could find fur under the feathers i shoot them all right now. He left in a hurry and never came back. I agree with, and am a tea bagger, we need to get the govt back. A lot of what were going thru sounded good the way it was presented but sure stinks the way its going down.

 

[Sonoran Silkies]

My Goodness! Lots of posts here that border on inappropriate!

Addiedunn,

First, is there anything on the Big Blue Notice that indicates that it is an official citation? I could write up just about anything I wanted, print it on blue paper and post it to someone's door. That wouldn't mean that any demands I made on it were valid or had any enforceability.

Second, if you live within the corporate limits of a city or town, those ordinances DO apply and DO supercede any county ordinances and rules. It is a matter of jurisdiction. However, rights granted by your state cannot be superceded. Limitations set by the state, however can be further limited. Wording is very important. Words are powerful.

Third, if your city has a website, check to see if zoning and city code are online. If not, go to city hall and get a copy--you may have to pay an amount to cover the publication costs. An alternative is to read the zoning and city ordinances there.

Once you know the specifics you are better equipped to deal with the situation. If you are not allowed your chickens, and If you can document that other residents are not in compliance with the ordinance, and that their non-compliance is being ignored, you have a case for the courts to toss the ordinance. Laws cannot be selectively enforced. That said, most zoning and nuisance citations are delivered due to a complaint. If it is the practice of code enforcement to deal only with complaints, then you would have to show that there was no complaint against your birds or that there were complaints against the others who were not complying, but that nothing was done.

 

[thechickenchick]

Quote:
Wow! Sounds like you have some "inside" help here! This is great. BYCers unite!