Do people have a right to complain during the day??

Discussion in 'Local Chicken Laws & Ordinances (and how to change' started by PorkyPete, Jul 21, 2011.

  1. PorkyPete

    PorkyPete Out Of The Brooder

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    We had someone from the council turn up today and told me I had to get rid of my cockerel, We live in a rural suburb but in a residential area of it. There are no by laws against having roosters here UNLESS they are a nuisance, I respect that completely and if he was waking people up in the morning I would understand it, BUT he informed me that this person has been complaining because he is annoying them during the day, This makes no sense to me. He crows every now and again during the day, I pick him up and carry him around when he does so he stops after that, Hes not constantly crowing all through the day and hes not very loud. Him crowing once or twice during the day isn't any different from a car going past or someone with loud music or even worse a barking dog, Which we have a lot of in this neighbourhood, I genunially don't see a problem with a rooster crowing during the day. Due to the earthquakes here there isn't many people living around us. I think this complaint is from a woman who lives behind us, She has spent her time living there making stupid complaints about us and a tree that's in our backyard because the 'leaves litter her roof'
    I love my neighbourhood and love my neighbours, Everyone on my street has commented about how they love hearing him and the girls, It makes them feel like they're in the country and it brightens up a rather ruined and depressed street. Its ONE person that has a problem with it and it seems unjustified.
    Do I have any rights about this or do I have to just give in and 'deal to him' [​IMG]
     
  2. hossfeathers

    hossfeathers Chillin' With My Peeps

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    Check the rules in your area for barking dog rules. Usually there is language to the effect of 'makes noise continuously for 1/2 hour or more".
     
  3. Sonoran Silkies

    Sonoran Silkies Flock Mistress

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    Also check the nuisance laws for your area.

    People can complain about anything, but whether they have any standing is a different matter. I'd also suggest asking the other neighbors to write letters supporting your rooster and that his crowing is not such as would constitute a nuisance. Unless very specifically defined (such as decibel levels and amount of time spent crowing), nuisance is generally interpreted as what would be annoying to an average person. If you have a half dozen or more people saying that your bird's crowing is not a nuisance, but is actually pleasant, it will largely mitigate the one person who is complaining.
     
  4. PorkyPete

    PorkyPete Out Of The Brooder

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    Apr 8, 2011
    Christchurch, NZ
    Thank you Sonoran Silkies! There may be hope then, I would do anything to be able to keep him
    I'll be doing some research about nuisance, It doesn't make too much sense to me but I'll discuss it with Mom tomorrow. I can't find anything about barking dogs but will have a dig around.
    Will have a chat to the neighbours tomorrow and see how they feel then suggest the letters. Really hope I can resolve this so everyone's happy without having to lose him
     
  5. gmendoza

    gmendoza Chillin' With My Peeps

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    Just stick with the municipality code you live in.If it says you can have roos,then they cant sidestep over you. Also check the nuscence laws or noise laws.If it doesnt have "roosters" in it,then your covered.I do it here all the time. Some lady the other day was yelling at me telling me I was so pety about her small dog taking a dump in my yard.Well the municode here states that is a nuscence and can have her dog removed by the animal control. It might seem pety to me,but who is the victim here? the dog is.It dont deserve to have a human like her.She has no responsibility. Since I told her that,she and her dog dont come down our street anymore.Hey I dont mind if a dog has to go...when you got to go,you got to go...but the owner MUST pick up the leavings...per municode.
     
  6. Mattemma

    Mattemma Overrun With Chickens

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    I live in the same situation and my roo does the same. I would not get rid of my roo for a few complaints.Maybe if the city pushes it and fines me then my dh would make me get rid of our absolutely fantastic roo who is so very kind to human and hen alike.

    If someone complained and and it resulted in fines/removal of our roo I already know I would get a radio and let my roo recording play.....often.No one says you can not play the radio during the day.My roo crows about 4-6 times each time it crows.It is far shorter in duration than the yapping I hear from dogs.

    Best wishes for you. I would put a stinky compost by THAT neighbors property. Just follow the laws and don't get rid of the roo unless it is absolutely required by law.I would even get a lawyer,lol,just to be sure no one is over stepping laws.
     
  7. oneofseven

    oneofseven Chillin' With My Peeps

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    read the ordinances carefully. Our noise laws state no loud noise anytime,but especially at night.
     
  8. Sonoran Silkies

    Sonoran Silkies Flock Mistress

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    Quote:Noise laws may or may not specify the source of the noise, and they may or may not list some general examples of types of noise, but that does not necessarily limit them to specific, mentioned examples. It all depends on the wording. In my city, the noise ordinance gives a maximum decibel reading at the edge of the property. The maximum varies by time of day, and even time of year (can be noisy, earlier in our very hot summers). Also varies depending on the particular zone. Being allowed a rooster does not mean that she can ignore OTHER ordinances, such as a noise ordinance.

    First thing he/she needs is to find out the exact wording of the applicable ordinances, and then figure out how to live within them.
     
  9. Nicole01

    Nicole01 Overrun With Chickens

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    Our one neighbor says she'll call the police if she hears a rooster crow even once. We are allowed roosters here. I honestly think that's unfair just because she hates chickens. We have neighbors not too far with roosters and it bugs her to hear them faintly.
     
  10. oneofseven

    oneofseven Chillin' With My Peeps

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    I hate to see warring neighbors, but if it is tolerated in the ordinance, print it out to show the police when they come. They might not know that particular law. They will probably say have a good day and be on their way.
     

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