Broken Arrow, OK, animal control visit

[dustingebhardt]

Animal Control came to visit me today. They have received a complaint about my quail. They have given me roughly a week to remove the majority of my 75 birds and a second week to completely remove them. They did not issue me a citation, but they will be back next week to check on my progress at removing my animals.

I don't see anything prohibiting the quail in the city code.

https://library.municode.com/ok/broken_arrow/codes/code_of_ordinances?nodeId=COOR_CH5AN

Any advice on how to proceed?

 

[Grits&Eggs]

It might be completely within code but your neighbors can put a damper on your fun. The week mine started laying I brought eggs to all of them, sort of a peace offering, worth it! Might want to look into the complaint a bit more and see exactly what the issue is

 

[sourland]

Contact a lawyer and get their interpretation.

 

[booth2010]

I don't see anything either in regards to fowl, most will state something similar to what it says about swine. I would ask them where it says that they are not allowed. For anything to hold up, like a fine, they would have to provide the code section that prohibits them. Are they requiring them all to be removed or are they limiting you to 5 like for the dogs and cats?

 

[dustingebhardt]

It might be completely within code but your neighbors can put a damper on your fun. The week mine started laying I brought eggs to all of them, sort of a peace offering, worth it! Might want to look into the complaint a bit more and see exactly what the issue is

I had already done this for several neighbors. I even gave some butchered meat birds away, too. It wasn't enough apparently.

 

[dustingebhardt]

I don't see anything either in regards to fowl, most will state something similar to what it says about swine. I would ask them where it says that they are not allowed. For anything to hold up, like a fine, they would have to provide the code section that prohibits them. Are they requiring them all to be removed or are they limiting you to 5 like for the dogs and cats?

I called and the person quoted Section 5.22:

"Sec. 5-22. - Keeping of animals other than dogs and cats.

(a)

It shall be unlawful and a class B offense for any person to allow or permit any poultry, including but not limited to, chickens, roosters, turkeys, pigeons, ducks or geese within 150 feet of any grocery store, supermarket, food service establishment, or school except in a duly established agricultural district. Racing pigeon lofts kept in good condition and registered with the American Racing Pigeon Union are excepted from this section. It is also unlawful to maintain roosters within 150 feet of any dwelling or house trailer."

To me, this means that I can't have animals next to (schools and food places) unless I'm zoned agricultural. Since I'm not next to (schools and food places), I don't need to be zoned agricultural.

 

[booth2010]

The municipality I work for has this in municode and I did not see anything similar:

 

[PirateGirl]

I looked over your code... Without actually seeing your setup, these are things that may pose issues...


Through the creation of offensive odor, lack of sanitation or the creation of excessive and repeated noise, becomes a significant disturbance to the peace and welfare of the inhabitants of the community.

It shall be unlawful and a class B offense for any person to maintain any stable, dog kennel, chicken coop, dovecote, rabbit warren, yard or other establishment wherein animals are kept closer than 40 feet from any tenement or apartment house, hotel, restaurant, boarding house, retail food store, building used for educational, religious or hospital purposes, or residence other than that occupied by the owner or occupant of the premises upon which such animal is kept.

Every stable, structure, pen, coop or other place wherein an animal is kept or permitted to be shall be maintained in a clean and sanitary condition, devoid of rodents and vermin and free from objectionable odors. Violation of this section shall be a class B offense.

Keeping of animals other than dogs and cats.

SHARE LINK TO SECTIONPRINT SECTIONDOWNLOAD (DOCX) OF SECTIONSEMAIL SECTIONCOMPARE VERSIONS
(a)

It shall be unlawful and a class B offense for any person to allow or permit any poultry, including but not limited to, chickens, roosters, turkeys, pigeons, ducks or geese within 150 feet of any grocery store, supermarket, food service establishment, or school except in a duly established agricultural district. Racing pigeon lofts kept in good condition and registered with the American Racing Pigeon Union are excepted from this section. It is also unlawful to maintain roosters within 150 feet of any dwelling or house trailer.


So how close your bird housing is to other types of buildings could be an issue. Noise, odor, and waste management could be an issue. Whether or not your operation is commercial could be an issue. Whether or not you are required to hold an exotic animal permit in your state could be an issue. Whether you are zoned residential or agriculture changes everything. I would try to work with animal control to figure out exactly what your violation is and how to rectify it. Good luck.

 

[booth2010]

I called and the person quoted Section 5.22:

"Sec. 5-22. - Keeping of animals other than dogs and cats.

(a)

It shall be unlawful and a class B offense for any person to allow or permit any poultry, including but not limited to, chickens, roosters, turkeys, pigeons, ducks or geese within 150 feet of any grocery store, supermarket, food service establishment, or school except in a duly established agricultural district. Racing pigeon lofts kept in good condition and registered with the American Racing Pigeon Union are excepted from this section. It is also unlawful to maintain roosters within 150 feet of any dwelling or house trailer."

To me, this means that I can't have animals next to (schools and food places) unless I'm zoned agricultural. Since I'm not next to (schools and food places), I don't need to be zoned agricultural.

As sourland said I would contact a lawyer, my interpretation of that is same as yours. You cannot keep them within 150ft of a store, restaurant, or school. There is nothing that states you cannot keep them near a dwelling, except for the roosters.

Edit:

And as PirateGirl said this is the only thing I see that they could say: Through the creation of offensive odor, lack of sanitation or the creation of excessive and repeated noise, becomes a significant disturbance to the peace and welfare of the inhabitants of the community.

So if there isn't excessive noise or smell I don't see what the neighbor can complain about. If you are selling them you may need a business tax receipt, or business license, and they may require some sort of state license if you sell them.

 

[townchicks]

I'm guessing that the complaint was about noise or smell, or they felt you were drawing rodents. That falls under the category of nuisance animals. You need to talk to a lawyer, obviously, but I think you may have to get rid of them. You might be able to work out a compromise, and reduce the numbers.