advice on how to fight stupid no chickens ordinance

[brobry]

i am a relatively new chicken owner (less than a year) and i expected this to come along. my village of highland, ny (town of lloyd) has sent me a notice of complaint. i am ready for a fight! where can i find steps to take on how to push for a reversal of this stupid ordinance?

any advice is greatly appreciated

 

[OwlLover]

Was it from the HOA or the city?

 

[brobry]

it was issued by the town of lloyd and says that i'm in violation of EITHER town or state ordinances. i presume town since you can have chickens in new york state. they tell me to contact them immediately, which i will do, but i'd like to know what the process entails to get this ordinance reversed.

 

[Fred's Hens]

Usually? It takes the city council or similar governing body to change its mind and allow chickens, with attendant regulations. Not saying impossible, but very, very difficult. For example, Midland, MI, a very progressive city, just voted No. They looked at it, held hearings, and then voted No. Thus, even if you get the issue on the docket for discussion, there's absolutely no assurances it will be changed.

You can begin the political process. That's all you can do. You will need to change the ordinance. It is an uphill task, oft times. Good luck.

You can rant, compare and contrast to dogs and all the rest, but the fact remains that unless your city's ordinances are changed, you're dead in the water.

 

[OldGuy43]

I'd call, or better yet write and ask that they state the ordinance, with chapter and verse that you are violating, just for starters. It has been my experience that many bureaucrats have a tendency to try to bully you into doing what they think is "right" with no legal basis.

Often times just calling their bluff is sufficient.

 

[Fred's Hens]

Here are you town's codes. I assume Lloyd, NY. http://www.ecode360.com/LL0645?#LL0645


A quick reading shows a couple possible pitfalls. Would they allow chickens to be interpreted as "personal household pets"? That's the first one and a possible positive. There is another code, however, which doesn't allow "farming" which includes "keeping of poultry" in non-ag zoned. Finally, there is the noise ordinance. Take your pick. I suppose either or both of them were considered as to be your "violation". Typically, in a case like this, a neighbor turns you in and has an axe to grind.

All that said, the codes as I read them for your town do not specifically and clearly say, "No chickens". I've read other ordinances that do specify no chickens. You're codes are a bit fuzzy. Best wishes, of course, on your pursuit of clarity.

 

[brobry]

thanks fred. i am aware that they are vague and hope that will be to my benefit. we'll see!

 

[OldGuy43]

A quick glance at the section entitled "FARMING" finds this statement of intent:

§ 58-1. Legislative finding and intent.

A. It is hereby found and declared by the Town Board of the Town of Lloyd that agricultural lands are irreplaceable assets. To that end, the Town Board finds farming to be an essential activity within the Town which greatly contributes to the economic viability of the Town. Farming also reinforces the special quality of life enjoyed by the Town's residents, provides the visual benefit of open space and generates economic benefits and social well-being within the community. Therefore, the Town Board emphasizes to both the Town's current residents and prospective newcomers to the Town that it is the policy of this Town to conserve, protect and encourage the development and improvement of agricultural land for the production of food and other products and also for its natural and ecological value.

B. Furthermore, the Town Board hereby supports those farmers, as well as all those employed, retained or otherwise authorized to act on behalf of farmers, in their efforts to lawfully and responsibly engage in the time-honored profession of farming. The Town Board hereby expresses its support of the enactment by the State Legislature of Chapter 797 of the Law of 1992 of the State of New York (see § 301 et seq. and Article 25-AAA of the Agriculture and Markets Law), which, among other things, added a new section to the Agriculture and Markets Law of the State of New York by establishing for the first time a statutory right to farm by prohibiting the commencement of private nuisance suits against farmers who engage in sound agricultural practices.

C. The Town Board, in an effort to promote and foster a harmonious relationship between the residents of the Town and those who contemplate purchasing land with the Town of Lloyd, and to conserve, protect and encourage the development and improvement of agricultural land for the production of food and other products, hereby declares that it shall be the policy of this Town to provide reasonable notice to prospective landowners that farming activities may occur on neighboring lands.

I'll need to read further, but it strikes me that you may have a valid argument here.

 

[brobry]

THANKS OLD GUY!! this is just the kind of support i was hoping to find. this is great ammo and really my precise point, tho i'm not as eloquent as our thoughtful leaders ;o) i think i'll sit down with the ordinances in front of me after work and pull out all these gems.

thanks again. you don't know how much this helps me.

 

[tsmith1499]

Not to be a fly in the ointment, but it states "agricultural land" . Where I live they would have to get there property re-zoned. Not trying to bring you down, just trying to point out the possible arguments THEY might use against you in your pursuit. I'm all for it and see no harm. Go for it!! Good Luck!! I live in a farming community and we have to fight stupid things all the time.