Can ESA override city ordinance?

[The Moonshiner]

And that's what every Missourian believes about him/herself (I'm not a native so I'm the exception that proves the rule ).

Oh I never really believed it but I've now been told so many times I guessed it must be true.

 

[IdyllwildAcres]

I would move to Florida over California any day of the week.

Go for it!

 

[Granny23]

The fact that others have chickens and or roosters is irrelevant. YOU are the one who has been caught. Other people roll stop signs, speed, and drive drunk all the time too - doesn't provide a defense when you get caught doing it. Zoning is the same way.

Fact is, ESA Abuse is percieved to be widespread. That's the reality. Fact is, you were caught first, and now seek an exception after the fact. That's the reality. Fact is, you want an exception to a generally applicable law based on a piece of legislation which allows self-certification, and as such, receives little respect in the law. Certainly less than objectors claiming First Amendment protections for religious liberty, another place of self-certification. That's the reality.

You will have to overcome all those issues to be successful, and unlike the ADA, ESA doesn't have much "teeth". If you weren't in CA, you'd have almost no chance at all. ...and even there, they worry enough about ESA Abuse to have recently passed legislation seeking to curtail it.

The only things in your favor (apart from the fact that CA will even consider it) is that your granddaughter was previously in treatment - so you aren't appearing with a letter from any of the myriad Internet sites dated after the infraction, and that litigation in your state is so expensive and onerous that its not worth it to most defendants to do more than propound discovery and go thru the motions while seeking to settle.

The Law, it is said, "is an @$$". [with apologies to the BYC Moderators, its a quote approximately 500 years old, which I have tried to render somewhat less offensive to the very sheltered.] In the eyes of the law, your feelings, and what your neighbors may or may not be doing, are irrelevant. If you want to win your claim, you need to focus on what the law DOES care about and how you can use the legal process to make it a fight the municipality wants to settle guickly and quietly. In the words of Sun Tzu, "Victorious warriors win first and then go to war."

You now have the benefit of my opinion and experience, which, together with $5, might buy you a short coffee at Starbucks. Worth more than an apology, which I won't be offering. Focus on your feelings of hurt, of being singled out, your sense of moral "rightness" and you greatly increase your chances at losing this fight. The LAW does not care. I don't care about those things either, but cared enough to offer a useful guide for proceeding and an overview of the landscape in which you will fight.

As it is unwelcome, I'll be getting a real coffee, and stepping off this thread. Good day to you, madam.

I appreciate your thoughts and suggestions. Thank you.

 

[Granny23]

(Not legal advice.) Typically, any exemptions to local ordinances would be identified in same. Local ordinances often cite exemptions for agriculture permits, but I've never seen an exemption for emotional support animals. Unless the animal has been trained as a service animal, it is unlikely an emotional support animal will stand against any legal muster. Unfortunately, as far as I am aware, roosters are unable to pass any significant service training. Any written (and notarized) support from a medical professional may help sway the court in your favor, but, even given best-case-scenario outcomes, I would not anticipate the rooster being fully allowed. The court may be open to rooster-collaring, if the crowing is proven to be decreased significantly, particularly during noise violation times, or perhaps the court would order that the rooster be kept fully indoors, but then you have to consider the welfare of the animal.

Anyway, long story short, emotional support animals have far fewer legal protections than service animals. Could your granddaughter find a farm she could rehome the rooster to, and then volunteer at the same farm? Such programs are often designed to assist folks with depression, etc.

I, at least, am aware that we're probably fighting a losing battle. My granddaughter wants to try to keep him but she, nor I, are not financially able to drag this to court nor would I go that far.
She is finally able to see her counselor today so we'll see what he says.
Ive kinda resigned myself that we won't win but for her sake I at least needed to look at other options.
We will likely place him with one of the places that offered to help us so we don't have to do all kinds of crazy things to stop him from doing what comes naturally to him. Crowing.
Thanks for your help and support.

 

[The Moonshiner]

I really don't know how things work in CA.
I used to raise mini pigs. A family bought one when their city had an ordinance against them.
Their plan from the beginning was to go the ESA route to be allowed to have him. ESA animals don't have really any rights but one was about being able to house one.
Needless to say their plan failed and he was returned. That's when I found out what had gone on. I always tell them upfront to make sure they're allowed.
They were told and shown that ESA don't mean it overrides city ordinances.
The housing clause is about being able to have them when a landlord etc has a no pet policy in that residence and to also restrict a landlord ect. from charging a fee to have one.
You may want to look into that aspect of it in your area. I've never researched into it since I don't plan to live anywhere with such restrictions. I did see the explanation back then but it was a few years ago and as others have mentioned there's been so much confusion and abuse of the whole ESA thing that everywhere around here has been really cracking down on it.

 

[Aunt Angus]

I really don't know how things work in CA.

Hell, I've lived here all my life, and I don't know how things work here, either.

 

[harris289]

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.

Hello there, I saw your question and I also had the same issue. After much digging and much research, I was able to find the answer and successfully ask the city for a variance. I’ll provide the link below and I hope you and your granddaughter are doing well. https://www.animallaw.info/article/faqs-emotional-support-animals

 

[Granny23]

Hello there, I saw your question and I also had the same issue. After much digging and much research, I was able to find the answer and successfully ask the city for a variance. I’ll provide the link below and I hope you and your granddaughter are doing well. https://www.animallaw.info/article/faqs-emotional-support-animals

Thank you so much for the information about our rooster Pepper. This thing with animal control was August of last year and aas difficult as it was we were able to find a new home for Pepper and his BFF Rosie at a rooster sanctuary called the Island of Misfit Boys.

 

[ghouse20132019]

Wow you’re still angling to get your rooster registered as an ESA? I feel zero sympathy for you because you illegally own a rooster, and now you’re trying to manipulate the system to sidestep the law. I just don’t understand why you think you’re above having to follow the law. I would be more sympathetic had you attempted to register your rooster as an ESA prior to someone having filed a noise complaint against you, but you didn’t; it wasn’t until after the complaint, and after you were forced to remove the rooster, that you’re now trying to file the ESA. Do you even have any kind of mental health or emotional disabilities, or is registering the rooster as an ESA a ploy to circumvent the system?

It is people like you, abusing the system, who make it harder for others who need special privileges. Roosters are incredibly loud animals to have within city limits, and residential areas. Your neighbors aren’t in the wrong. You are in the wrong.

 

[Thatscluckinggreat]

Wow you’re still angling to get your rooster registered as an ESA? I feel zero sympathy for you because you illegally own a rooster, and now you’re trying to manipulate the system to sidestep the law. I just don’t understand why you think you’re above having to follow the law. I would be more sympathetic had you attempted to register your rooster as an ESA prior to someone having filed a noise complaint against you, but you didn’t; it wasn’t until after the complaint, and after you were forced to remove the rooster, that you’re now trying to file the ESA. Do you even have any kind of mental health or emotional disabilities, or is registering the rooster as an ESA a ploy to circumvent the system?

It is people like you, abusing the system, who make it harder for others who need special privileges. Roosters are incredibly loud animals to have within city limits, and residential areas. Your neighbors aren’t in the wrong. You are in the wrong.

No she is not STILL trying to get her rooster an ESA. This thread is also almost a year old. She rehomed the Rooster almost a year ago.