Caught with Chickens in Denville NJ

[Blooie]

I was at the meeting and got others to go to it to support him too. The Board is split, some support it some did not. The Animal Control Officer introduced a pilot program and Im asking a Council member to see where it stands now.

That's great!! Then you already have a good foundation to work with! And I sort of have a little egg on my face (excuse the bad pun) for giving you information you already had. Please keep us posted on how it goes with your discussions with the council member.

 

[Moochie]

When all is done I suggest building a coop and run for the birds. Don't think I could ever let any of my animals roam the neighborhood, especially my chickens. Too dangerous!

 

[bdcunning1]

I only let them run because all my neighbors love to see them scratch and peck. No one complained they love the eggs too. I have the most awesome coop and run you will ever see. Bear proof raccoon proof ... automatic door opens and closes at sunrise and sunset with heated roost and glass door. They are spoiled, beloved members of our family of pets.

 

[Blooie]

I only let them run because all my neighbors love to see them scratch and peck. No one complained they love the eggs too. I have the most awesome coop and run you will ever see. Bear proof raccoon proof ... automatic door opens and closes at sunrise and sunset with heated roost and glass door. They are spoiled, beloved members of our family of pets.

Oh, I'd love to see your coop and run if you could post a photo or two! We are just beginning to build ours - we were kinda stupid and put the chicks before the coop, so to speak! LOL I've so enjoyed (and learned from) the pictures and descriptions of various coops here in the forums but we can occasionally get some pretty hefty predators around here. Since yours is even bear-proof, that would be awesome to learn from!

 

[rockmissjess]

We are allowed 8 chickens here.. must be 15 ft away from all propery lines doesnt matter the size lot you have and no roosters.. maybe u could talk to ur local town hall or zoning dept and see if they would make a ordinace for people to grow chickens for a source of food & with a simililar ordinance..

 

[bdcunning1]

We just told the zoning officer we will not get rid of our chickens and we think everyone should have them too. We hope he gives us a summons. If he drops the issue we will not get the chance to prove that they are not illegal pets.

 

[bdcunning1]

We got a summons in Denville NJ in violation of 19-5.11i:
i. Farming and truck gardening and the sale of seasonal farm produce grown on the farm or truck garden. Any accessory building or manure pile shall not be located closer than two hundred fifty (250') feet to any street right-of-way or property line or dwelling, and shall only be permitted on a tract of land five (5) acres or larger in area. All pastoral farm animals and fowl shall be contained within a building or fenced enclosure which shall restrict animals or fowl a distance of at least two hundred fifty (250') feet from any property line and shall be permitted on a tract of land of five (5) acres or larger in area. This shall not be construed to permit commercial piggeries. The regulations in this subsection shall not restrict house pets.

However 19-5.730 says we can farm:

19-5.730 Agricultural Uses.
a. Purpose. The purpose of this section is to assure the continuation and expansion of commercial and home agricultural pursuits by encouraging a positive agricultural business climate and protecting the farmer against municipal regulations and private nuisance suits, where recognized methods and techniques of agricultural production are applied and are consistent with relevant Federal and State law and nonthreatening to the public health and safety; at the same time, this section acknowledges the need to provide a proper balance among the varied and sometimes conflicting interests of all lawful activities in the State of New Jersey. The retention of agricultural activities is desirable to all citizens in Morris County because it insures numerous social, environmental and economic benefits including the preservation of open space; atmospheric habitat; the preservation of land as a nonreplenishable resource and as a source for agricultural products for this and future generations; and the protection and maintenance of the aesthetic beauty of the countryside and rural character of the community which includes farm architecture and scenic variety.

We will let the Judge decide if 3 pet hens is farming, if farming is allowed or they are pets.

Definition of pet from state statutes: 4:4-20.3. Definitions of words and terms
s. "Pet" means any domesticated animal normally maintained in or near the household of the owner thereof.

The kids will be on spring break so the whole family will be in court.

 

[bdcunning1]

They're house pets your Honor

 

[cstronks]

Interesting how we are the "Garden State", yet any attempt at homesteading is shot dead on arrival. I'm in Wayne, and I can legally own chickens with reasonable constraints. The animals cannot be within 25 feet of the property line and whatnot, and if you do things correctly, you can raise a large number of birds in a small area. My opinion on the issue here varies. To start, I think you will be much better off trying to fight and change the current law than this "house-pet" charade that you are going to prove. I mean realistically, you have an excellent story. You have built an excellent coop for the birds and you keep them for the sole purpose of obtaining eggs and raising them as pets. They're essentially an outdoor cat with benefits. Two things that you must do going forward though...

ENCLOSED RUN: You kind of walked into this one. Assuming that every neighbor enjoys a chicken walking on their property and scratching around is certainly not a good idea. All it takes is one person to call and say there are chickens roaming the neighborhood is enough to get them taken away, as you've learned. Did the summons specify if somebody called, or if the animal control was just in the area at the time?

COURT BATTLE - The zoning laws seem to specifically target commercial farming, and they make the assumption that what you are doing is a large scale farm. A picture of your coop, as well as your family with the birds will change that connotation immediately. Do not live with these unjust and ridiculous laws. What you are doing is a GOOD thing. You are raising your own food. It is your own right! You can have a garden, but you can't have a small chicken coop? You can grow tomatoes, but not eggs? What you have to do here is advocate and explain to your town why an animal that needs roughly 2.5 square feet of indoor space and 5-10 square feet of enclose outdoor space should not be raised on 5 ACRES. That is bogus right there. Petition. Effectively, you have to put your money where your mouth is and prove that other people don't mind, and actually think what you are doing is great (because it is). Chicken owners are proud people, and the thought that we should live in the country if we want to raise our own food is absurd. Take it to court, but don't conform to their standard! Show Denville why they are wrong. Use examples of other NJ towns along with your own personal story. Be the change here. If you merely try and win on their rules, they will find a way to beat you. Please try and contact other chicken owners in the area. We had some very brave people in Wayne who challenged the town, and they won! Essentially one man changed the way our town thought about chickens, and now I can happily raise them! Best of luck to you! Please let me know how this goes!

 

[bdcunning1]

Its not an accident that the Animal Control Officer ran into the hens, I assumed she would eventually she lives in the neighborhood. I know Victor Alfier in Wayne NJ who beat the town, he suggested I see the Judge. I dont plan to try to tell the Judge they live in our house. Im showing they have been indoors and to show the term house pet is undefined. We have pet rabbits that never came inside. I will win because I will not give up. I may have to appeal and get a lawyer but we shall see in two weeks. Many others in Denville hide their chickens and or have been told chickens are illegal and threatened with a fine so they chickened out. The ordinance just means no farming that's all and these are pets. I plan to put an end to the harassment to my fellow chicken owners in my town.