Can I get around or no?

Discussion in 'Local Chicken Laws & Ordinances' started by aroed, Nov 4, 2018.

  1. aroed

    aroed Hatching

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    Nov 4, 2018
    I really really want to have chickens! Our town law says 4-5 hens and no rooster and that is what we plan to have. However, our HOA deed restriction says "No animals or livestock, other than ordinary household pets, and no animals of any description, which constitues a nuisance, inluding a noise nuisance, or a threat to or danger to persons or property shall be kept in any lot big or small." Seems a bit hazy to me if they are "household pets" or not? Are chickens considered livestock always?

    Our HOA is still owned by the developer and has not been turned over to the home owners (although is is 10+ years old). They must be really lax because I see a bunch of other violations that no one enforces. I don't want to fight anyone I just want a few hens in my 1.5 acre back yard.

    Thoughts?
     
  2. Chick-N-Daddy

    Chick-N-Daddy Chirping

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    Talk to your neighbors about it. They are the ones that would complain to the HOA (if it still exists).

    In Colorado, the operative work for the most part seems to be 'domestic' animal. Regardless, just another reason to avoid HoA
     
  3. LlamaGirl4

    LlamaGirl4 Songster

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    Agree with @Chick-N-Daddy talk to your neighbors if they say go ahead then you should get some chooks! If the majority say no then probaly not :(
     
  4. keesmom

    keesmom Crowing

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    Unfortunately the HOA restriction isn't hazy at all. Chickens are considered livestock, not household pets. Hens can be noisy as well.

    You could try to change the restriction. Ask some of your neighbors if they would object to allowing a few hens.
     
  5. PirateGirl

    PirateGirl Chicken Lover, Duck Therapist

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    Go to an HOA meeting and ask. Get a definitive answer BEFORE you get chickens.
     
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  6. PirateGirl

    PirateGirl Chicken Lover, Duck Therapist

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    Also ordinary "household" pets implies animals that live INSIDE your house not in the yard. The way the rule is written sounds as if chickens are not permitted by the HOA.
     
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  7. jonezjollyfarm

    jonezjollyfarm Songster

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    I think yall are forgetting about therapy chickens :lau. But seriously get a definite answer. Itll hurt less than having to get rid of chickens you've already grown attached to.
     
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  8. Chick-N-Daddy

    Chick-N-Daddy Chirping

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    Alternately, when the HoA comes knockin and tellin ya to get rid of em, cull em right in front of em and ask em to light the grill. Won't help your case any, but it'd be fun to watch the nosey-body blow chunks ;)
     
  9. llombardo

    llombardo Crowing

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    Not necessarily. There are some areas that do not consider chickens livestock, they are poultry. Where I am located there is a difference and a separation between livestock and poultry, each have their own rules.


    Below is from Cornell University(it reads as US law, do not sure if this is the standard in the US in general or not) My area follows it.

    § 780.328 Meaning of livestock.
    The term “livestock” includes cattle, sheep, horses, goats, and other domestic animals ordinarily raised or used on the farm. This is further discussed in § 780.120. Turkeys or domesticated fowl are considered poultry and not livestock within the meaning of this exemption.
     
    Last edited: Nov 5, 2018
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  10. Melky

    Melky Crowing

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    I would talk with your HOA direct to determine meaning but it sounds like chickens are banned in the HOA. This is often the case and I would abide by it if so but clarify with them direct making them aware of the local ordinances. If banned, I would not try to make them household pets in order to have. If you violate it can turn into a legal nightmare. You could try and get petitions signed to change the HOA ordinances to match local but often times this is not possible and you then have the option to move where you would be permitted to own fowl on property.
     

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