can they legally do this?

[CindyLouChicks]

I have had 5 chickens and a rooster for a year and a half. When I first got them I called the City office and the city Clerk said she couldnt find anything so she 'guessed' I was legal. During the hard cold frozen winter we had I lost all my hens. I purchased new hens and decided to give it another try. We have gotten a new city clerk, new mayor and a new chief of police in the last 6 months so trying to do the right thing I called the city clerks office just to make sure all was well.She in turn via texts sent me the city ordanances which said nothing of chickens only of "noisy animals" which I texted back to her if there was a complaint over my noisy rooster I would deal with it then. She also told me she asked the city council members and the mayor if there was ordanances and they all said they didnt know. So I spent $700.00 to upgrade my coop while waiting for my chicks to get bigger and 3 weeks later the City clerk tells me there is a no fowl ordanance and my chickens are now illegal. I have every text from the city clerk giving me the go ahead. Can they just change their minds because the new administration has now "found" the ordanace to tell me no. Are my chickens fowl? Would that mean the girl who has 4 peacocks has to get rid of hers? along with the others in town to have chickens? along with every person who has a parokeet? I have a beautiful unique assortment of chickens, they are not to kill for meat, they are not to produce and sell eggs. they are my pets. I have a unique variety of beautifful birds. Do they NOW have the right to tell me no???

 

[subhanalah]

Ask for the ordinance in writing. She may not know what she is talking about. I'm pretty sure there are no bans on African grays or cockatoos!

All birds are fowl, right?

 

[CindyLouChicks]

I have a copy of it....it states Animals prohibited: To own or possess any swine, goats, horses or fowl or cattle within the city, unless permitted in a zoned agricultural district.

 

[CindyLouChicks]

I have googled fowl vs poultry vs birds and they are all lumped together

 

[subhanalah]

Does it have a date (maybe you're grandfathered in)? Man, this really is unfortunate.

And you don't wanna be that guy who rats on your neighbors, it wouldn't benefit you at all.

 

[realsis]

Did you TELL the city that you have chickens? Or do they think you were just inquiring about it? Because as long as your neighbors don't complain on you you should be fine. But if you TOLD the city you have them, then I'm afraid you might have opened a can of worms so to speak. Sadly. Sometimes it's better we fly UNDER the radiar, I would ask my neighbors if they mind most important and if they don't mind you likely would not have gotten noticed. However if one neighbor is not ok with the chickens then it's likely they would call the city. But since YOU told the city yourself (I know you were trying to do the right thing) now I'm afraid they can make you remove your birds..but if your neighbors are ok with your birds maybe you can find someone to watch your birds for a bit then when things settle down bring them back. If you don't mind being a outlaw..but if you want to follow the guidelines then it seems, yes, sadly you will have to get rid of them.. Did you give the city all your information? Where you live ect? If yes, sadly their is not much you can do.. but if your still wanting to keep them then I would talk to my neighbors and let someone watch them for a while and as long as your neighbors agree perhaps you can being them back. The city won't know UNLESS someone complains. That's a option if you want to chance it..Hope this helps.

 

[happybooker1]

Here is what happened to me:

Oct. 2012 -- undergoing treatment for Breast Cancer & needing a hobby to cheer me up I decided to get some Banty chicks. So ordered chicks from MMM & bought a few more.

December 2012 -- son & I built a coop in the backyard which only ONE neighbor had a view of. Also fenced in part of the yard around the coop.

February 2013-- chickens were put outside ( about 11) and I quickly got rid of Roo's as they crowed. I ended up with 7 Banty hens.

March 2013 -- neighbor turned me in to HOA & I got the letter to get rid of the chickens. I quickly cleaned out the garage, used portable fencing to block off an area, put pine shavings down, and moved chickens in garage. I played a radio in there (on a timer during the day) to mask any sounds, blocked the windows with portable shelving I already had, & stopped opening the garage door for any reason except after dark.

April 2013 -- hallelujah Jesus! Neighbor put her house up for sale & moved out in about 3 weeks time!! By the end of April I'd moved the chicks back out into the coop area. New neighbors are FANTASTIC! They feed the hens when I go on vacation & I share eggs with them. I haven't heard from the HOA since.

Your results may vary of course.

 

[AndrewJD]

Your question seems to be whether a local municipality can change its local zoning ordinances with respect to poultry. The answer is yes. There are few colorable legal challenges you could raise. One might be: by making it illegal to own your previously-owned chickens, the government has effectively taken your property and you are therefore entitled to just compensation under the Fifth Amendment. The chances of this argument succeeding are close to nil. Besides, you don't want money, you want your chickens. Your best course of action is to organize a local group and petition to change the ordinance to reasonably allow chickens. Roosters are quite a nuisance, though, so I doubt you could ever be successful in convincing your municipality to permit them. Mine allows five hens (no permit required) in residential zones.

Home owners associations and other residential developments that have covenants running with the land (sometimes called Covenants, Conditions and Restrictions, or CC&Rs) can also restrict your right to own chickens if you are given proper notice. If you're dealing with an HOA over your chickens, I'd recommend reading your CC&Rs or other governing documents, go to association meetings, and either try to arbitrate your claim (if you believe the CC&Rs permit the chickens) or organize a group of association members to amend the rules.

Remember: you are a member of a democratic community. Litigation costs money, usually takes years, and doesn't really solve the underlying problem for everyone else. Changing the rules is cheaper and has lasting effects.