Can I have chickens or not?

Discussion in 'Local Chicken Laws & Ordinances' started by SiriSchantz, Oct 31, 2018.

  1. SiriSchantz

    SiriSchantz In the Brooder

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    My home owners association pet rules read:

    “No person may keep, breed, board or raise any animal, livestock, reptile, or poultry of any kind for breeding or other commercial purpose on any residential home or upon any part of the Common Element. No pets shall be kept which constitute a nuisance or which unreasonably interfere with any owner's right to the quiet enjoyment of his/her property. Any complaints will be reported to the County and Township offices. Pets must be kept in a contained area or on a leash, chain or rope at all times when outside. All pet waste must be cleaned up within a reasonable time period. Owners must pick up after pets in the common elements or be subject to fines. One doghouse per lot is permitted but must meet the following criteria: (1) the color of the doghouse must match the color of the home; (2) the doghouse must be placed immediately at the rear of the home and is not permitted to be located in a side yard.”

    Does this means I can’t have chickens, or does it mean I just can’t have them for commercial or breeding?
     
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  2. ChickenLeg

    ChickenLeg Crowing

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    I think they mean you cant have any, they just arent the best at wording. That being said anyone can hide a few bantam hens in a small coop without anyone ever knowing ;)
     
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  3. DobieLover

    DobieLover Free Ranging

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    Have you had chickens in the past?
     
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  4. Kessel23

    Kessel23 Crowing

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    According to their own words you can keep and raise chickens for any purpose besides breeding and commercial production. You might get reported for having the hens, egg songs are loud and annoying and I could definitely see an angry old neighbor reporting you for having a animal that is being a "nuisance." You could have a flock of ostriches in your backyard as long as they were not being used for breeding or commercial production, and as long as they dont "interfere with any owner's right to the quiet enjoyment of his/her property." I do not know if it is a good idea to test a HOA, they are pretty harsh, even if they have poor grammar.
     
  5. Broodygranny

    Broodygranny Songster

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    I dont know, but maybe a couple of hens? I would ask around. The pen would have to be directly behind the house and painted the same color. I think it may depend on your neighbors. If they don't mind, or report you.
     
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  6. lovingmyhens

    lovingmyhens Songster

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    It means you can’t have any that they know of. :eek:
     
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  7. Scorpy89

    Scorpy89 Chirping

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    defiantly not commercial or breeding. Then considering the Noise ordinance, no Roos. And it sounds like you live in an upscale area.
    1. how big is your lot? Is it large enough that the sound a these birds make would not be seen as a nuisance to your neighbors?
    2. From the way a the ordinance reads a doghouse is to be kept, is there a way that a coop and run area could be kept "nicely" to match the ordinance or if you can place a 6 foot privacy fence to "hide" the coop, and you will have to keep them confined.
    3. I would talk to your neighbors. Something like, "I've been thinking about getting about 4 or 5 chickens, you know, for the eggs." See how they react. They're the ones you're going to have to worry about. If they have problems with the birds your work towards keeping a flock will be for not.
    4. I would talk to your HOA President, or likewise. They know what the ordinance means and you can ask them to rewrite to clarify for that.
     
    SiriSchantz likes this.
  8. Chick-N-Daddy

    Chick-N-Daddy Chirping

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    “No person may keep, breed, board or raise any animal, livestock, reptile, or poultry of any kind for breeding (ex. to sell offspring) or other commercial purpose on any residential home or upon any part of the Common Element."

    Key phrasing here is not 'breeding or other commercial purpose' - so pets and eggs I'd say yes, but anything where money/barter/favors are exchanged (i.e. selling eggs to neighbors), nope.



    "No pets shall be kept which constitute a nuisance or which unreasonably interfere with any owner's right to the quiet enjoyment of his/her property. Any complaints will be reported to the County and Township offices. "

    This means keep em clean and quiet and cute. No one appreciates stinky noisy pets (except maybe those dog owners).


    "Pets must be kept in a contained area or on a leash, chain or rope at all times when outside. "

    You need to have a coop, that seems fair. Alternately keep em in coop inside (garage) and take em for walks on leash around the neighborhood.


    "All pet waste must be cleaned up within a reasonable time period. Owners must pick up after pets in the common elements or be subject to fines."

    Again, stinky pets stink. On the bright side you get take your droppings home and throw em directly into your yard. ;)

    "One doghouse per lot is permitted but must meet the following criteria: (1) the color of the doghouse must match the color of the home; (2) the doghouse must be placed immediately at the rear of the home and is not permitted to be located in a side yard.”"

    Seems quite discriminatory out of the gate especially if your city generally allows chickens as pets. Many doghouses are larger than a small coop.

    "Does this means I can’t have chickens, or does it mean I just can’t have them for commercial or breeding?"

    Just means you can't have em to make money, or to raise their young for anything other than personal consumption. This also means that while you'd be able to keep & slaughter rabbits, you couldn't sell their meat, pelts, or any good made from them.


    IANALYMMV
     
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  9. DobieLover

    DobieLover Free Ranging

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    That's exactly where I was heading with my question! My girls make more noise than my cockerel! If the neighbors don't like it and complain, you just violated their ordinance as it is written.
    If you really want chickens, move out of the HOA!
     
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  10. Scorpy89

    Scorpy89 Chirping

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    Something else I'd like to add, if and when you approach your HOA about keeping chickens, I would bring in material/presentation to assure them that they can be kept in a way that will not interfere with what the HOA is trying to maintain and ask if they have any concerns, address their concerns and try not to be aggressive, kindness goes a long way.
     
    SiriSchantz likes this.

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