$840 fine for 4 chickens in Vacaville CA

[alicia2364]

My only concern is that the original post was from someone who was citied by animal control with a 840.00 fine, not by zoning. Like you I was told by animal control that I could have three and I did my research on section 3. I do believe we should do something while we have media attention on the subject. Personally I think that people who already have chickens should be grandfathered in until the time they get the money to do proper research. I wish I could find a animal advocate pro bono lawyer to sue the city for misrepresentation and pain and suffering because of their dismissive attitude.

 

[flewdacoop]

keep us updated if the law gets changed i signed the petition too

 

[MsLisaG]

My only concern is that the original post was from someone who was citied by animal control with a 840.00 fine, not by zoning. Like you I was told by animal control that I could have three and I did my research on section 3. I do believe we should do something while we have media attention on the subject. Personally I think that people who already have chickens should be grandfathered in until the time they get the money to do proper research. I wish I could find a animal advocate pro bono lawyer to sue the city for misrepresentation and pain and suffering because of their dismissive attitude.

I would REALLY like to know how the OP situation turned out. I am pretty confident that as the codes are right now, they probably could have successfully fought the fine. The more I look into this and read the codes, the more I shake my head at the incompetence of our city employees. Not just city council, EVERYONE in that meeting. It is sad that the city doesn't know or understand it's own codes, and that the two that acknowledge that they don't and genuinely want to fix it are steamrolled. The code in question that brought this all about, 14.09.077.050 pertains ONLY to special districts of the Residential Estates zone. It does not reach to any of the other city zones.

I pulled up the zoning map (http://www.ci.vacaville.ca.us/modules/showdocument.aspx?documentid=233) for Vacaville and found my lot. My house is zoned Residential Low Density. According to Table 14.09.075.01 (summary of permitted accessory uses in residential zoning areas) raising of poultry, rabbits, and other small animals IS permitted. It is permitted in Residential Rural, Residential Estates (with restrictions, for some dumb reason,) Residential Low Density, and Residential Low/Medium Density. They may try to issue citations, but when it comes down to it, they are wrong. In my specific situation, I am not violating any codes by owning chickens. If, by chance, anyone reports my chickens, I will fight it and even get a lawyer if I have to. Pretty sure the city won't want to spend money in a court case they will never win, since they're so broke, and all.

 

[MsLisaG]

I'll add, that is not to say that they won't try. I am certain that they WILL hand out citations, I just think that, especially with the help of a lawyer for those that can/want one) it could be fought. It makes me mad that there's anything to fight, though.

 

[MsLisaG]

Also, I may or may not have just done all that reading, and then realized that there is a footnote on the bottom of the chart that DOES specify that lots need to be one acre in size, therefore invalidating my argument.

 

[traildad]

Deleted

 

[harbisgirl]

Just awful. I'm so sorry you've had to go through this. I signed your petition and shared it on the California Poulty People facebook page. Good luck to you!

 

[MsLisaG]

"Permitted uses: b. Raising of small animals, excluding poultry, when in conjunction with a 4H or similar type project."
The city seems to think the words "excluding poultry" means that raising poultry is not allowed. I believe that the words "excluding poultry" means that raising poultry is not required to be in conjunction with a 4H or similar type project. In other words, chickens are the only small animal that can be raised in RL. The code is poorly worded at best.

As much as I would like that to be true, I think that "excluding poultry" was written specifically to disallow poultry, and is a confusing and contradictory part of the code. This is exactly the problem though - it can be interpreted in a number of different ways and needs to be clarified.

 

[traildad]

Deleted

 

[MsLisaG]

I'm not exactly sure why you're assuming that I'm asking for anything to be clarified. I think that as fa as any city employee is concerned, the matter is put to rest for the time being and I'm not trying to convince them of anything or get any clarification. I'm simply going to keep my chickens until someone may happen to report me. I doubt this will happen, but if it does I will get a lawyer and deal with it.

Everyone involved in the situation assumes they are the ones that are correct. As the code is written, no one is really correct because it can be interpreted in different ways. I am simply going to carry on as I have been, because nothing changed and the controversy is fleeting anyway. I don't see any other option but to move on with life as I have been.