Code Enforcement visit...please help!

Discussion in 'Local Chicken Laws & Ordinances (and how to change' started by Josh_Manors, Mar 7, 2012.

  1. Josh_Manors

    Josh_Manors Out Of The Brooder

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    Jan 22, 2011
    SE Florida
    I live in Coconut Creek FL and have 2 Easter Eggers hens that I've had since they were 2 days old. Today code enforcement informed me that due to an anonymous complaint I would have to get rid of my girls. I really can't find anything in the codes that restricts me from having them first off, second, if there is some restriction how do I start to fight for my girls?
     
  2. FireTigeris

    FireTigeris Tyger! Tyger! burning bright

    Well- I guess you can get a macaw cage and keep them inside, forever - on a harness and leash outside (not kidding).

    Or find out the exact codes you are breaking and see if there are other ways around them.

    Considered a educator's permit for animals? (like ppl are supposed to have for the turtles)
     
  3. OldGuy43

    OldGuy43 Chillin' With My Peeps

    That's where I'd start. It has been my experience that bureaucrats and petty officials have a deplorable habit of making up rules to suit their conception of how things should be.

    Don't get rid of your girls until you have to. Remember, the US Constitution guarantees that you cannot be deprived of your property without due process.
     
    Last edited: Mar 7, 2012
  4. FireTigeris

    FireTigeris Tyger! Tyger! burning bright

    In the mean time move them inside... and have a backup plan- they need a warrent to search...
     
  5. OldGuy43

    OldGuy43 Chillin' With My Peeps

    Agreed, and to obtain a warrant they need probable cause. An anonymous complaint won't cut it.
     
  6. SarasotaClucker

    SarasotaClucker Out Of The Brooder

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    Sep 19, 2009
  7. Josh_Manors

    Josh_Manors Out Of The Brooder

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    Jan 22, 2011
    SE Florida
    Thanks for posting the code for Coconut Creek. I've read it and thought as long as my girls were not roaming free I was ok. ????

    (A) It shall be unlawful for any person owning any agricultural farm animal to permit, either willfully or through failure to exercise due care, the animal to stray, run or roam at large on the public streets or sidewalks of the city or upon any private property without the consent of the owner of that private property. It shall be the responsibility of the owner of any agricultural or farm animal which escapes from its enclosure to immediately recapture the animal as well as inform the police department that the animal is at large and might be creating a hazard. All agricultural and farm animals shall be kept and controlled in a manner so as not to create a nuisance through loud or annoying noise, vicious or mean behavior, or by obnoxious or annoying smell.

    (b)

    No person shall keep more than four (4) agricultural animals per acre within any residential district where any such animals are permitted.
    (Code 1980, § 3-9; Ord. No. 130-83, § 2, 7-14-83; Ord. No. 204-85, § 1, 12-12-85; Ord. No. 2001-024, § 1, 6-28-01)
     
  8. stilldeb

    stilldeb Chillin' With My Peeps

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    May 28, 2010
    NW Kentucky
    It sounds to me like you are in the right and they are just hoping you haven't actually read the ordinance. That happened to someone around here that lived in town and she got rid of her birds. Come to find out, the ordinance is VERY specific about what you can't have and lists donkeys, horses, goats, swine...NEVER mentions chickens. Unfortunately, she didn't know that and the 'good ol' boys' mode of government we have around here made her get rid of 'em.

    I can't imagine anyone complaining about TWO chickens anyway. And of course they would remain 'anonymous'.

    Fight for your girls.
     
  9. OldGuy43

    OldGuy43 Chillin' With My Peeps

    Sec. 5-5. - Keeping agricultural and farm animals.

    (b) No person shall keep more than four (4) agricultural animals per acre within any residential district where any such animals are permitted.

    That's the only kicker I see. Are farm animals permitted where you live? Is this a zoning issue?
     
  10. PaulKisling

    PaulKisling New Egg

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    Mar 7, 2012
    I am in a similar situation though it is through contractual obligation with the golf course next door that sold the land originally.(Yeah I should have read that part of the contract a little closer.) There are two large loopholes for me seeing that "wild animals" like pheasants, pigeons and quail are not covered. Neither are non agricultural grade chickens which are kept as pets. I have a pair of Modern Game bantams which no one in their right minds would even suggest are for agricultural use. Look up the exact zoning laws. The letter of the law can be your friend at times so do not give up...
     

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