Free Legal Advice Is Worth What You Pay For It

Discussion in 'Local Chicken Laws & Ordinances' started by BigPeep, Jun 22, 2009.

  1. BigPeep

    BigPeep Songster

    208
    7
    111
    May 27, 2009
    The general rule is that you can do whatever you want on your own property unless you are restricted by a valid legislation or your use constitutes a "nuisance." Unless you have 20 roosters crowing and/or the coop is very unsanitary or the chickens are getting into other people's yards, you wouldn't be a "nuisance".

    The nuisance issue also is a civil suit, not a government enforcement situation and they have to prove that there was economic loss not just aggravation.

    You should check with a lawyer in your state for a definitive opinion.
     
  2. eldenbrady

    eldenbrady In the Brooder

    50
    2
    30
    Jul 9, 2009
    Considering we have had multiple police suggest that we install barbed wire (which is completely banned by our city ordinance [although it is partially trumped by state law]) I would not put a lot of stock in the police department's knowledge of local ordinances. They are trained in the more critical stuff for their jobs which is mostly state and federal criminal law.
     
  3. Sonoran Silkies

    Sonoran Silkies Flock Mistress

    20,149
    371
    411
    Jan 4, 2009
    Tempe, Arizona
    Typically, I would expect the police to be aware of CRIMINAL ordinances, but not necessarily CIVIL ones. BTW, our noise ordinance becomes criminal after the 3rd violation within 24 consecutive months.
     
  4. BigPeep

    BigPeep Songster

    208
    7
    111
    May 27, 2009
    Don't accept what anyone tells you, even if they work for the city or county. They don't necessarily know and may be talking through their hats. Make them show you the exact ordinance or restriction in writing.
     
  5. erafter

    erafter In the Brooder

    54
    0
    29
    Jul 5, 2009
    Redmond Oregon
    Hello
    Look up my story Ed harris
    I just post and update
    Know your laws I have been dealing with the City, County, and state
    and even if the laws are in your favor you can still find your self being attacked and paying out big dollars to have your birds.
    We can have birds where I live, but try defending them.
    Dog owners challenging my families right to have chicken and they are breaking the law allowing their dog to run free.

    ed Harris
     
  6. TommyVT05

    TommyVT05 Songster

    Feb 6, 2008
    Southern California
    BigPeep,

    Thanks for this post. I think this is really the "go to" source before any other questions are asked on this forum because I totally agree with the "lone Rooster" statement and a few others as well. It really does bring down the rest of the folks as a whole who are planning to get chickens just for eggs or for certain reasons other than for meat and what have you if one person does end up getting a bunch of roosters and annoying everyone in town. Also, researching and asking questions locally is always the best way to go since most of the time the "overall" law does not specify specific areas. Take San Diego for example. Sounds like its a small town but then its divided into almost 8-9 "sub-cities" like Chula Vista, El Cajon, National City, La Jolla, Poway, etc. and they ALL have their own "tweeked" zoning laws believe it or not. So asking locals nearby is the best bet first before asking in general [​IMG]

    - Tommy
     
  7. Quote:Well, if you have nothing on the books, you could try to get something passed. lol. Limit the number of hens to four, no roosters, no coop in view of neighbors, must have one acre lot, etc etc... lol. Seems alot of ppl are trying to get a law passed and are making concessions from the get go. Maybe they are happy with four hens. But that sure does limit the rest of us....

    oh btw!
    Mike was back in Maryland!!! He's our local boy ya know. ;-) he said to say HI!
     
  8. Sonoran Silkies

    Sonoran Silkies Flock Mistress

    20,149
    371
    411
    Jan 4, 2009
    Tempe, Arizona
    First you need to read the rules of construction for your zon ing ordinance. MANY cities have a statement that says that unless a use is specifically allowed, it is NOT allowed. If that clase isn't there, and there are no other ordinances pertaining to animals that would place limits, then they are allowed. Period. Getting a writtten ordinance to allow a specified number of birds and placing restrictions would actually TAKE AWAY current rights. Not something I would subscribe to.
     
  9. Quote:thank you thank you thank you...
    I've been trying to explain that to dear bf and have been ranting online...lol. Clear concise info and advice!
     
  10. TommyVT05

    TommyVT05 Songster

    Feb 6, 2008
    Southern California
    That is true,

    If ever in doubt, ask local folks and if none are reachable, you really can't go wrong with just a couple hens...

    - Tommy
     

BackYard Chickens is proudly sponsored by: