Can I refuse to re-home my rooster?

[astridmanzo]

According to your county, unincorporated parts of Pinellas are subject to local laws and ordinances— and are governed by the county (Not the state). If you’re subject to the code about leaves in your yard, the other codes probably apply as well.
I’m not sure if you have any laws about chickens or roosters, but I did find this about noise:

Pinellas County uses a decibel-based noise control program that places maximum limits on noise allowed on a property. In residential areas between the hours of 7 a.m. and 11 p.m., a noise level of 72dBA (decibels) is allowed. Normal maintenance and use of equipment such as lawn mowers, chainsaws, leaf blowers, and flushing boat motors are all conventional to everyday life and are exempted when used reasonably during these hours. After 11 p.m., the allowable level is reduced to 55dBA. As an example, normal conversation between two people standing five feet apart would measure about 55dBA.


It was really considerate of you to talk to your neighbors, but you may not always get an honest response- and someone’s opinion can change over time. Either way, it seems like it may not matter if the crowing actually bothered someone if it’s above a certain decibel noise level.
Of course you can try to do something about it! Because you live in an unincorporated area, you may have more flexibility. If it comes down to it, you could see if your neighbors would write letters stating they weren’t bothered by your rooster and send them to the county, etc.
I hope this helps, and I hope it works out ❤

Thank you for the information! I talked to my neighbors again yesterday because the code enforcement person also went to their houses to complain about other things in their front yards. One of them even told the inspector directly that he doesn't care about the crowing.

I'll try to get some letters, that's a good idea. Thank you!

 

[Geena]

I was just looking at the Pinellas County animal ordinances and found this -

" Sec. 14-26. - Definitions.
The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Abandon means to forsake entirely or neglect or refuse to provide or perform the legal obligations for care and support of an animal.

Animal means any living dumb creature.

What kind of definition is that? I know quite a few "living dumb creatures" that are clearly humans.

Animal control code enforcement officer means all employees of the county department of animal services who have successfully completed the minimum standards training course approved by the Florida Animal Control Association.

"

 

[ScratchNbawk]

I was just looking at the Pinellas County animal ordinances and found this -

" Sec. 14-26. - Definitions.
The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Abandon means to forsake entirely or neglect or refuse to provide or perform the legal obligations for care and support of an animal.

Animal means any living dumb creature.

What kind of definition is that? I know quite a few "living dumb creatures" that are clearly humans.

Animal control code enforcement officer means all employees of the county department of animal services who have successfully completed the minimum standards training course approved by the Florida Animal Control Association.

"

That’s crazy!!! OP you should definitely take a look at those animal ordinances because I didn’t , but maybe should have

 

[45lk9p459gm-w]

I talked to my neighbors again yesterday because the code enforcement person also went to their houses to complain about other things in their front yards.

Sounds like the Gestapo someone made an inspection of the neighborhood looking for things to complain about maybe.

 

[humblehillsfarm]

In residential areas between the hours of 7 a.m. and 11 p.m., a noise level of 72dBA (decibels) is allowed. Normal maintenance and use of equipment such as lawn mowers, chainsaws, leaf blowers, and flushing boat motors are all conventional to everyday life and are exempted when used reasonably during these hours. After 11 p.m., the allowable level is reduced to 55dBA. As an example, normal conversation between two people standing five feet apart would measure about 55dBA.

Whelp for the first time every my career is relevant here. I'm an audiologist and to give you an idea of the volume of 72 dBA, I once took a sound level meter to a movie theater and the average volume was between 70-85 dBA!!!! Those noise restrictions are absolutely ridiculous. Music at a back yard BBQ would be louder than 72 dB. Insanity.

And with all of those complaints happening to you and neighbors, it sounds like some nut job in your community needs to move to a community with a HOA. HOAs love Karens.

 

[Geena]

I found this - Backyard chickens legal in R1-R6 - but it's from 2011.

"Residents can have a maximum of four hens. No roosters allowed. The birds must be kept in secure coop and enclosure in the backyard that is screened from neighbors.

The change applies only the unincorporated areas of the county. Belleair, Dunedin, Gulfport, Largo and St. Petersburg already allow residents to have backyard chickens."

 

[TheAlrightyGina]

Supposedly both rooster crows and dogs barking are around 90 decibels so I wonder how they enforce that for dogs.

 

[ScratchNbawk]

Whelp for the first time every my career is relevant here. I'm an audiologist and to give you an idea of the volume of 72 dBA, I once took a sound level meter to a movie theater and the average volume was between 70-85 dBA!!!! Those noise restrictions are absolutely ridiculous. Music at a back yard BBQ would be louder than 72 dB. Insanity.

And with all of those complaints happening to you and neighbors, it sounds like some nut job in your community needs to move to a community with a HOA. HOAs love Karens.

Audiologist. I had to look it up, then I felt like an idiot for actually looking that up . Thanks for the comparison, and that definitely seems unreasonable.

 

[U_Stormcrow]

Two things -

1) What Statute were you found to be in violation of? If its a Nuisance Noise Ordinance, **AND** its worth it to you, you can fight over it on the basis of the Florida Right to Farm Act, which limits the ability of municipalities to restrict farming activities by way of nuisance law and similar, though you are already on shaky ground in that Pinellas doesn't actually allow farming in most zones - its not like your property is Zoned AG. FL's act is designed to protect commercial operations, not home owners of a few egg laying pets.

2) Familiarize yourself with this Section of the Pinellas Code. The short answer is that if you are in Zoning R-1, R-2, R-3, R-4, R-5 or RPD, Male Chickens ARE NOT ALLOWED. PERIOD. You could pay the fine and ignore them, and continue to do so as long as your wallet will support that activity. But eventually, they will invoke this portion of the Code:


b. No person convicted as a repeat violator of section may be permitted to, or continue to, keep chickens on their premises.

then you won't have any chickens at all, regardless of your neighbor's views on the subject. And as a practical matter, pissing off code enforcement is a great way to get buried in violations. That they are "out to get you", even if true, is rarely considered an acceptable defense if you are, in fact, in violation.


tl;dr: If you want roosters in Pinellas, move.

http://www.pinellascounty.org/Plan/pdf_files/zoning_district_summary.pdf

 

[humblehillsfarm]

tl;dr: If you want roosters in Pinellas, move.

Pretty much.

It's not always easy to move, but this is exactly why I bought the house I did. I searched everywhere for unzoned property before settling on a rickety old house from the 50s with all original electric and a kitchen from the '70s all so I could have chickens and build whatever I want. My commute for work is pretty long as an additional personal cost, but it's so worth it to have the freedom to do what I want when I want and how I want.