Can ESA override city ordinance?

[Granny23]

My rooster Pepper and I were reported to DAC last week by someone because of our citys supposed " no roosters" clause. There are roosters and chickens ALL OVER this town but I no one reported them.
If we keep him with a ESA letter from my granddaughters mental health counselor will that override that city ordinance? I own my home.
The DAC officer said they don't drive around listening for roosters. Someone sent a screenshot of an open letter I wrote to my 3 backyard neighbors to DAC. It's my fault for trying to be a good and considerate neighbor.
So far one of those 3 neighbors that I was worried about has said Peppers crowing doesn't bother him. 1 down 2 to go.

 

[The Moonshiner]

If your city has an actual no rooster ordinance and any common sense about the rules involving ESAs then no you won't override their ordinance.

 

[U_Stormcrow]

You aren't going to find legal advice from anonymous persons on the Internet.

If your granddaughter doesn't already have an ESA letter designating the rooster (and, I assume, the granddaughter lives with you), then the mere existince of this post *suggests* there is no bona fide need for your grand daughter to have a rooster ESA, and that your purpose is instead to defeat your local zoning purely for your own self-interest. I refuse to assist in such.

That said, I see you live in little wackadonia - a state that has twisted itself into knots trying to sue itself into "Woke"ness. There is a sort of Karmic Justice in threatening to sue for a variance, inflicting economic pain in proportion to the idiocy of the legislature, over a desire for a rooster.

Fraud in the ESA program is already so rampant, that even CA has noticed. You may wish to read this. Then you likely want to decide whether or no its worth opening your pocket book and securing the services of a local attorney to advance your cause. Its possible a demand on attorney letterhead from a firm known to practice in the ADA/ESA area will suffice.

Good luck storming the castle.

 

[U_Stormcrow]

If your city has an actual no rooster ordinance and any common sense about the rules involving ESAs then no you won't override their ordinance.

She lives in CA, little wackadonia. You won't find much common sense in their courts there.

 

[U_Stormcrow]

Full disclosure. I am not an attorney. Yes, I spent decades of my professional life working with attorneys dealing with litigation in CA (and every other State in the US) for my (then) employer. I've also helped write legislation in many of the US States, some several times, as well as two foreign countries. I have assisted lobbying efforts for and against in most of the US States. and, when it was convenient to their position, I've been cited as an expert by both plaintiff and defense attorneys - and as quickly disregarded when it wasn't.

But again, i am NOT A LAWYER. The above was NOT legal advice. Not in CA, or anywhere else. Nor was my focus on poultry, livestock generally, zoning, or the ADA.

I am merely a reasonably well read consumer with some odd reading habits. and CA has produced some humdinger decisions of WTF? moments in litigation. Good for jokes around the watercooler.

 

[Granny23]

You aren't going to find legal advice from anonymous persons on the Internet.

If your granddaughter doesn't already have an ESA letter designating the rooster (and, I assume, the granddaughter lives with you), then the mere existince of this post *suggests* there is no bona fide need for your grand daughter to have a rooster ESA, and that your purpose is instead to defeat your local zoning purely for your own self-interest. I refuse to assist in such.

That said, I see you live in little wackadonia - a state that has twisted itself into knots trying to sue itself into "Woke"ness. There is a sort of Karmic Justice in threatening to sue for a variance, inflicting economic pain in proportion to the idiocy of the legislature, over a desire for a rooster.

Fraud in the ESA program is already so rampant, that even CA has noticed. You may wish to read this. Then you likely want to decide whether or no its worth opening your pocket book and securing the services of a local attorney to advance your cause. Its possible a demand on attorney letterhead from a firm known to practice in the ADA/ESA area will suffice.

Good luck storming the castle.

A little shocked over your response....let me explain my reason for asking about the ESA. My granddaughter has had emotional problems since about the age of 13. Anxiety, depression ,all of that.She was on medications, doing counseling, had a part-time job ect etc.
Then about a year ago everything fell apart for her. She quit taking her meds, quit counseling, Covid stopped her job and she just sat in her room and did nothing. Never went out...Nothing we said or did mattered.
When I found Pepper I had no idea that he was even a male.He was about 4-5 weeks old.
My granddaughter took him in her room and babied him. He even slept with her, tucked under her chin.
We had nothing for a chicken and we started to put some things together. During this time my GD started coming out of her shell and in the past few months since hes been here she has spent hours sitting with him, holding him, petting him. About 3 weeks ago she started making calls to make appointments with her doctors and getting started back on her meds. Her room is actually clean and she gets up early so she cam spend time with this little guy.
I had NO idea that roosters aren't allowed because they are ALL OVER THE CITY!!! Because someone reported me is the reason Im supposed to rehome him. None of my neighbors called because Ive asked them because I want to be a good neighbor!!
My granddaughter has changed SO MUCH in the time this bird showed up and she is devestated that we may have to give him up. If having him as an ESA animal will help her to stay on this wonderful path she's on from the emotional and mental problems she's having I will try to help her. But if having to give up the one thing that gets her out of bed with a smile every day is this little rooster than I have to try.
I can't bribe her counselor to write a false story!! If he doesn't feel Pepper has made an extraordinary change to her life he will say so. Im trying to do what I can to keep my GD well.
It was just a question!! If this will allow us to keep him I have to try. I didnt write about how he's helped her because she's an adult and didn't want her private business all over. And Im NOT trying this to be fraudulent!!!
And just because I live in California doesn't mean anything!! I don't like how things are right now either!! Too many people being rude to others the list is endless.

 

[Happy hen lover]

You could try it , I think Usttorm was just warning you about the probable outcome. I can't believe the counselor won't help you but as a grandma I'd try too. Good luck maybe get a hen and she might open up and love a hen just a thought.

 

[Aunt Angus]

I live in wackadonia... err, California. Here's what I've dealt with:

I didn't live in a city at the time that I dealt with rooster complaints. However, the county did have a no rooster clause. I was told I could bring him inside. Inside, there was nothing the neighbors could do. So we bought our roo some diapers and brought him inside. We'd take him for walks at the park because we couldn't have him in the yard. It was fine - not ideal, but fine. We moved not long after, and all is right with our boy.

If keeping the roo is that important - and it sounds as though it is - this is an option.

 

[BigBlueHen53]

A little shocked over your response....let me explain my reason for asking about the ESA. My granddaughter has had emotional problems since about the age of 13. Anxiety, depression ,all of that.She was on medications, doing counseling, had a part-time job ect etc.
Then about a year ago everything fell apart for her. She quit taking her meds, quit counseling, Covid stopped her job and she just sat in her room and did nothing. Never went out...Nothing we said or did mattered.
When I found Pepper I had no idea that he was even a male.He was about 4-5 weeks old.
My granddaughter took him in her room and babied him. He even slept with her, tucked under her chin.
We had nothing for a chicken and we started to put some things together. During this time my GD started coming out of her shell and in the past few months since hes been here she has spent hours sitting with him, holding him, petting him. About 3 weeks ago she started making calls to make appointments with her doctors and getting started back on her meds. Her room is actually clean and she gets up early so she cam spend time with this little guy.
I had NO idea that roosters aren't allowed because they are ALL OVER THE CITY!!! Because someone reported me is the reason Im supposed to rehome him. None of my neighbors called because Ive asked them because I want to be a good neighbor!!
My granddaughter has changed SO MUCH in the time this bird showed up and she is devestated that we may have to give him up. If having him as an ESA animal will help her to stay on this wonderful path she's on from the emotional and mental problems she's having I will try to help her. But if having to give up the one thing that gets her out of bed with a smile every day is this little rooster than I have to try.
I can't bribe her counselor to write a false story!! If he doesn't feel Pepper has made an extraordinary change to her life he will say so. Im trying to do what I can to keep my GD well.
It was just a question!! If this will allow us to keep him I have to try. I didnt write about how he's helped her because she's an adult and didn't want her private business all over. And Im NOT trying this to be fraudulent!!!
And just because I live in California doesn't mean anything!! I don't like how things are right now either!! Too many people being rude to others the list is endless.

Best wishes to you and your granddaughter. I'm a grandma too. I hope this turns out well for you. Keep up the good fight!

 

[BigBlueHen53]

"Little Wackadonia," seriously? Can I call my property that, I love it!