A Complaint, but isn't it LEGAL???

[LaGallinaRoja]

Thanks everyone for your great responses! We were able to give away our rooster, my sweet white-crested Polish, because I think the noise is the issue with our neighbors. If you could see our backyard, it is immaculate and beautiful. The actual coop and run are away from any neighbors as we live on a corner lot, so any normal hen clucks can't be heard by anyone. We're expecting the inspector to come next week, and I'm preparing a list of questions for them about these contradicting laws/codes. I'm not an aggressive person, but we have a lot of money invested in our chickens, not to mention our emotional attachment...we have a 7-year-old son who is also upset about this.

 

[LarryPQ]

Ok- per R-1 zoning ordinances:
17.12.010 R-S (residential suburban) zone.
A. All permitted uses and regulations in the RS zone shall be the same as the R-1 zone, except that the following additional uses are permitted:

1. Breeding, hatching, raising and keeping of poultry, fowl, rabbits, chinchillas, Vietnamese pot-bellied pigs, fish, frogs and bees for the domestic use of the resident/occupant of the lot.

2. Keeping of cattle, sheep, goats, horses, mules and burros in a ratio not exceeding one adult animal of the foregoing for each one-quarter acre of lot area.

B. The keeping of such fowl and animals shall conform to all other provisions of law governing same.

C. No fowl or animals, nor any pen, coop, stable, corral or other structure or enclosure housing livestock or poultry shall be kept or maintained within fifty feet of any dwelling or other building used for human habitation; nor within one hundred feet of the front lot line of the lot upon which such animal or structure is located; nor within ten feet of the street side of a corner lot; nor within one hundred feet of any public park, school, hospital, or similar institution.

D. There shall be no raising, killing or dressing of any such animals or poultry for commercial purposes. (Ord. 3465 § 1, 1992; Ord. 2491 § 1, 1984; Ord. 2698 § 1, 1982; prior code § 17.14.010)




And of course, the noise ordinance, which can get you in the end--as it is completely subjective to the person making the complaint.

6.04.230 Keeping noisy animals— Complaints—Investigation.
A. No person shall keep or maintain, or cause or permit to be kept or maintained upon any premises in the city, or upon any public street, highway, sidewalk, alley, park, playground or other public place in the city, any animal, bird or fowl which by any sound or cry whatsoever unreasonably disturbs the peace and comfort of any neighborhood or interferes with the reasonable and comfortable enjoyment of life or property by any person. Every day during which any person continues to keep or maintain any such animal, bird or fowl shall be a separate violation of this chapter.

B. It shall be the duty of the chief of police to receive and investigate or cause to be investigated all complaints regarding any animal, bird or fowl being kept or maintained in violation of the provisions of this section, and to enforce the provisions of this chapter. (Ord. 3940 § 1 (part), 1999: Ord. 3256 § 3,1989: prior code § 9.08.240)

 

[momofpets]

I would call the inspector or code enforcer before he/she comes onto your premises. I would ask him/her specifically what was the wording of the complaint. I agree with the previous poster in regards to locking up your gates and fences. Let them inspect, but don't give them non-public access to your property without a warrant. I have a feeling that it is your rooster and his crowing that is causing the problem.

BTW, you are taking this way better than I would because I would be royally ticked off that the complaining neighbor did not come and address the problem with me first, either in person or anonymously. You might want to go around and ask your neighbors if your chickens are bothering them.

I foster dogs for a rescue group and all my neighbors know that I have way more animals than the city ordinance allows. I make sure to ask my neighbors every couple of months if my dogs are noisy or if it smells to please let me know. I also make sure to share my homegrown fruits and vegetables with them.

 

[LaGallinaRoja]

Quote:
Thank you very much for that! The only things from this that I see are in violation are the noise issue (the rooster, which we've taken care of) and that the run & coop are not 50 feet away from OUR house (but it is certainly that far away from any neighbors or the like).

 

[cassie]

You need to insist they give you the citation number of the ordinance they think you are in violation of. Then go to the law library and look it up. What officials think the law is and what the law is is often not even close. And some of these guys like to make law up as they go along. They get away with it too until someone calls them on it.

 

[LaGallinaRoja]

Quote:
I will definitely take your advice on calling the inspector and asking what the specific complaint was because in the letter we received, it was very vague. Our gates are always locked, and there is no way of anyone seeing in except by standing on a ladder and peering over into our yard, which I'm pretty sure our neighbors behind us did. I THOUGHT they trimmed those palm trees of theirs a little TOO OFTEN!

I'm going to also try to make friends with our neighbors by writing an apology for the noise our rooster made to offend them. I think the "humble" approach works best with most people.

I am very mad about this. But more than that, I was scared of losing our chickens. We also spent quite a bit of money making the run and coop look really good. My husband called the city office this morning (not sure who he talked to) but they told him we have to get rid of all our chickens. Well, I sobbed and so did my son. I'll let you guys know how this turns out, but we're not just going to roll over and accept this. If we have to be chicken renegades, so be it.

 

[wychickenwrangler]

It certainly sounds to me like you are some very responsible pet owners. It also sounds to me like some buisy body that can't seem to mind their own busines, is a coward when it comes to confronting you in person. It would have been nice if you had gotten the chance to face the upset party before the local government/authorities got involved. GOOD LUCK !!!!!!!! & keep us posted!!!!!

 

[froggiesheins]

Quote:
I will definitely take your advice on calling the inspector and asking what the specific complaint was because in the letter we received, it was very vague. Our gates are always locked, and there is no way of anyone seeing in except by standing on a ladder and peering over into our yard, which I'm pretty sure our neighbors behind us did. I THOUGHT they trimmed those palm trees of theirs a little TOO OFTEN!

I'm going to also try to make friends with our neighbors by writing an apology for the noise our rooster made to offend them. I think the "humble" approach works best with most people.

I am very mad about this. But more than that, I was scared of losing our chickens. We also spent quite a bit of money making the run and coop look really good. My husband called the city office this morning (not sure who he talked to) but they told him we have to get rid of all our chickens. Well, I sobbed and so did my son. I'll let you guys know how this turns out, but we're not just going to roll over and accept this. If we have to be chicken renegades, so be it.

I feel for you, do your homework on the laws, codes etc... and don't let those city hall dudes push you around. YOU GO GIRL!

 

[momofpets]

Quote:
I will definitely take your advice on calling the inspector and asking what the specific complaint was because in the letter we received, it was very vague. Our gates are always locked, and there is no way of anyone seeing in except by standing on a ladder and peering over into our yard, which I'm pretty sure our neighbors behind us did. I THOUGHT they trimmed those palm trees of theirs a little TOO OFTEN!

I'm going to also try to make friends with our neighbors by writing an apology for the noise our rooster made to offend them. I think the "humble" approach works best with most people.

I am very mad about this. But more than that, I was scared of losing our chickens. We also spent quite a bit of money making the run and coop look really good. My husband called the city office this morning (not sure who he talked to) but they told him we have to get rid of all our chickens. Well, I sobbed and so did my son. I'll let you guys know how this turns out, but we're not just going to roll over and accept this. If we have to be chicken renegades, so be it.

I know the code enforcers in the city next to me are extremely strict and dictatorial but I also know the code enforcer in my city is a really nice guy who is willing to work with you. I don't have chickens right now but I called him about getting chickens and about tractoring them in the front of the house. He told me that he always prefers that people ask him before they do anything versus him having to come out regarding a complaint. Because once a complaint in lodged, he has to physically come out and inspect and he also has to go by the book on everything. For example, he has told me that hens and roosters are allowed but he "highly suggest" I don't get any rooster because that's where most of the complaints come from and the 2nd highest complaint would be the chickens roosting on the fence.

I would play the dumb simple woman who doesn't know any better. I would definitely be ultra nice about it. Worse thing to do is being confrontational. It doesn't hurt to have your son tell the guy how much the chickens mean to him. I would also ask him what do you need to fix in order to keep your chickens because you understand that he is just doing his job but you also need to keep your chickens for your son.

 

[momofpets]

Also, document which department you have called and to whom you have spoken to on which day and at what time. Document! Document! You need to make sure that you are speaking to the code enforcement officer because they are the ones coming out to inspect unless someone complained about animal abuse, then it would be animal services department. Yes, unfortunately, us rescue people know the difference between the two. Thank goodness I have not had either come to my door yet! But even if they did, I am not about to let them enter my premises immediately without a search warrant.