Enforcement of a Non-Law? This doesn't make sense.

Discussion in 'Local Chicken Laws & Ordinances (and how to change' started by HobokenChickenEmergency, Mar 28, 2009.

  1. HobokenChickenEmergency

    HobokenChickenEmergency Chillin' With My Peeps

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    Mar 18, 2009
    Evansville
    A few years ago, there were no chicken laws here in Evansville, IN. Then some prominent businessman went before City Council, because his neighbor had chickens. Supposedly, it was a LOT of chickens, right outside his window. Anyway, the Council imposed an ordinance that limits a household to 6 adult chickens and no limit on chicks 8 weeks and under. No mention of roosters, but in the Council's meeting minutes, it is mentioned that chicken owners will be allowed to breed their own chickens. The allowance of roosters is implied.

    The ordinance itself says 6 adult chickens. No mention of roosters either, BUT on the application for a $5 annual chicken license, it says "6 poultry (chickens, ducks, pigeons)-- NO ROOSTERS". How can the application enforce something that's not in the ordinance? And how can Animal Control enforce it?

    They DO enforce this this non-law. Animal Control always has roosters on their property that have been confiscated. Isn't that illegal search and seizure??
     
  2. speckledhen

    speckledhen Intentional Solitude Premium Member

    Cant breed chickens without a rooster. I'd point them to the actual law and insist they comply with it, not just make up stuff as they go along.
     
  3. South Hill Chickens

    South Hill Chickens Out Of The Brooder

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    Mar 27, 2009
    Spokane, WA
    Each city is allowed by law to apply general practices in support of their policies and ordinances, often more specific than the original ordinance and policy. While direct contradictions are usually not supported (look at my recent issue with Spokane's 90-foot coop rule), it's up to the city administrator to decide how much lattitude to give staff when applying city ordinances. With that in mind, I suggest going to the city office (building department? code enforcement? whoever is issuing the permit) and asking them why they include the no roosters requirement when the original ordinance says no such thing. It may very well be a staff mistake. It may also be true that they have chosen to apply the city's noise ordinance/regulation/policy/whatever to the permit - deciding that roosters are too loud.

    At the very least, find out the "why". If the person at the counter can't tell you why, ask (nicely) for their supervisor. If their supervisor cannot tell you why, it's time to pen a polite letter to the city administrator. If you still hear nothing, then it's time to raise hell with any elected official you can get in contact with. [​IMG]

    I know this seems like a lot of work, but if you follow the City's own processes and you DOCUMENT EVERYTHING (times/people/conversations) then you only increase your chance of success.

    Let us know how it's going and GOOD LUCK!!!
     
  4. Linda in San Diego

    Linda in San Diego Chillin' With My Peeps

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    May 11, 2008
    San Diego
    I agree, raise heck with the city council, too bad your city is larger than mine. I KNOW where most of my city council and mayor live. I can easily bike to thier homes - and I have bee the teacher or scout leader of most of their children...

    Good luck!

    [​IMG]
     
  5. HobokenChickenEmergency

    HobokenChickenEmergency Chillin' With My Peeps

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    Mar 18, 2009
    Evansville
    Personally, I don't have any desire to own a rooster. It's just the principle of the thing.
     
  6. ghettochicken

    ghettochicken Out Of The Brooder

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    Mar 12, 2009
    Indiana
    Hey Hobokenchickenemergency,

    I live in Evansville also. I don't have chickens yet, but am trying to find some.
     
  7. HobokenChickenEmergency

    HobokenChickenEmergency Chillin' With My Peeps

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    Mar 18, 2009
    Evansville
    They have chicks at Rural King on Morgan right now, but you have to buy a minimum of 25. Stupid rule, when we're only allowed to keep 6! [​IMG]
     
  8. b.hromada

    b.hromada Flock Mistress

    Leave it to the city council to have dumb laws. Our ordanance says no chickens, livestock, agricultural or farm animals. Get this, I am allowed to keep my ducks though?? [​IMG] I'm trying to get my city council to let me keep my pet hens, and get the AC off my back, all this because of the next door neighbor. [​IMG]
     
  9. LynneP

    LynneP Chillin' With My Peeps

    In our municipality chickens and horses are not livestock, but ducks are. Most of the laws were shaped around problem pigs that ran loose destroying gardens and killing pets. Go figure!
     
  10. South Hill Chickens

    South Hill Chickens Out Of The Brooder

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    Mar 27, 2009
    Spokane, WA
    Quote:Just to clarify, I said raise heck AFTER going through the normal channels. City staffers are people too and if you go straight over their heads you could miss a great opportunity in the future. Never piss off the staff, I always say. [​IMG]
     

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