Code Enforcement visit...please help!

[EweSheep]

As I can understand the ordiance, you CAN have chickens as long you are not letting them roam or free range. they have to be kept confined.

And no more than four chickens per acreage.

I hear that all the time which the animal control or city official are not really that updated on the city laws. If you can, go down to the courthouse and get a copy of that ordiance (don't even let the clerk tell you it's illegial either) and keep it for your records! That way if anyone questions, you would have the copy of the ordiance and inform those people that you are in the rights of having poultry and did those things that would not consider offensive to any public (the smell, attract rodents, etc).

 

[Oceanseve]

Where you really want to look at your ordinances regarding pets and whether chickens fall into the category of "pet" or Ag. If you are zoned Ag then it doesn't matter, you are within your rights. If you are zoned residential and it says that chickens are not considered pets, but considered agriculture animals then it will be harder to fight. You still can fight it, but it will require you fighting to get the ordinance changed.

Where we used to live it had half a page regarding birds and poultry and said very clearly exotic type birds were allowed, but poultry was not if the plot was considered residential.

 

[Egghead_Jr]

Your ordinance on animals also states is adopts all ordinances of Broward County unless amended in their code. Chickens are allowed in Broward County. Some towns have restricted them from trailer parks for sanitary reasons. Your only violation seems to be not confining them to a run so you must look up your restrictions of out buildings and setbacks for residential zones and build one.

 

[Josh_Manors]

The ordinance never defines what is considered an agricultural animal .?? Is it possible to prove that they are just pets and not agricultural??

 

[OldGuy43]

Aha! Florida law defines your Easter Eggers as domestic animals.

§823.041 of Title XLVI of the Florida Statutes:

"Domestic animal shall include any equine or bovine animal, goat, sheep, swine, dog, cat, poultry, or other domesticated beast or bird."​

http://www.duhaime.org/LegalDictionary/D/DomesticAnimal.aspx

 

[bluere11e]

Aha! Florida law defines your Easter Eggers as domestic animals.

§823.041 of Title XLVI of the Florida Statutes:

"Domestic animal shall include any equine or bovine animal, goat, sheep, swine, dog, cat, poultry, or other domesticated beast or bird."​

http://www.duhaime.org/LegalDictionary/D/DomesticAnimal.aspx

Does any one know how this issue panned out?

 

[Sonoran Silkies]

Aha! Florida law defines your Easter Eggers as domestic animals.

§823.041 of Title XLVI of the Florida Statutes:

"Domestic animal shall include any equine or bovine animal, goat, sheep, swine, dog, cat, poultry, or other domesticated beast or bird."​

http://www.duhaime.org/LegalDictionary/D/DomesticAnimal.aspx

Being domestic does not preclude being agricultural.

OP, you need to check your ZONING code. It will tell you the uses allowed on your property. The section of the ordinances that says you can have up to four agricultural animals per acre also says "No person shall keep more than four (4) agricultural animals per acre within any residential district where any such animals are permitted." Your zoning code will tell you if your district allows them or not, and if there are any particular requirements such as a use permit or housing location relative to neighboring properties.

 

[SarahBeth9394]

Did you find out exactly what the actual violation was? If it was noise can you prove they aren't noisy to the point of nuisance? Is someone blaming you for a rooster crowing and you don't have a rooster? If it was smell then the code enforcement would have smelled it too and decided whether the complaint was valid. You need more information on what the infraction was.

 

[Texokie1]

OldGuy43 - just a quick note - if they decide to go an environmental route (as if the chickens/manure were causing harm to the environment), most states do not require a warrant. Not sure about FL, but in TX I worked as an environmental investigator and we did NOT require a warrant...and an anonymous complaint WAS considered enough cause to initiate an investigation. Now Josh could disallow them access, but in TX that would leave him open to other potential charges. Kinda like game wardens...for better or worse, some authorities can inspect/investigate without a warrant. To fight it, I would double check the zoning, and also check the neighborhood covenants (if you have any) and/or home-owners association regulations and/or any deed restrictions you may have...you may issues there...also (speaking environmentally again) in TX folks could complain using odor as the cause (although with only TWO chickens, that seems a bit crazy).

 

[Unsure]

I am hoping you are still active on this blog! I live in Coconut Creek and I was thinking about getting a few chickens. How did this code enforcement situation end? Were you able to keep your girls? Any requirements by the City in doing so?