Free Legal Advice Is Worth What You Pay For It

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

  1. drjpb3

    drjpb3 Chirping

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    Apr 14, 2011
    A couple of people on the road have chickens so I assumed they where legal. Wrong as usual. The neighbors are not complaining but they are building a new sub behind me. Also the house next to me has been empty (foreclosed) for some time. So it may get new owners. Not sure if I should keep them. My kids are attached.
     
  2. bsntomsn

    bsntomsn In the Brooder

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    Jan 28, 2011
    All of this info is so rewarding. However, I am having trouble getting a response out of anyone down town. One website here in Cols Oh refers to chickens as "exotic animals," but another part describes them as "fouls." Also, I have to submit a drawing or description of my coop and how I will clean it and deal with the waste. The website also states I have to have my chickens seen by a vet. Does all this sound familiar to anyone. Has anyone else gone thru this and was successful?
     
  3. Tootie23

    Tootie23 In the Brooder

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    Apr 24, 2011
    Lakewood, Oh
    I am getting ready to submit an exemption in my city to keep chickens. My questions are how long does it usually take to change an ordinance? Do I need to use legal wording and verbage when I submit the paperwork? Has anyone here fought their city succesfully? So far there are 16 pro chicken keepers,several local buisnesses and a couple of council members who seem to not care one way or the other. [​IMG] I really hope I can win this!
     
  4. This post evidences a mindset that we should have to ask for permission from the government to do things. A better mindset would be, "The government should not restrict my right to do things, unless those things infringe on the rights of other people."

    Shame on the citizens of California for permitting a political climate where people believe they must in effect bribe their elected officials with additional tax revenue, in order to get those officials to do the right thing.

    Wouldn't it be great if the City of Sacramento, instead of taxing the act of chicken-keeping (which is what a $50/year permit amounts to), would instead simply pass an ordinance explicitly allowing chicken-keeping WITH NO PERMIT REQUIRED so long as it's limited to methods which don't bother others (enclosed, no roosters, limits on # of chickens, etc.)

    After all, the keeping of chickens by its residents costs the city nothing, while at the same time benefiting those who keep chickens (e.g., the voters).

    You shouldn't have to GIVE something (taxes) in exchange for something you WANT (keeping chickens) when keeping chickens imposes no costs on anyone else.

    It's possible to "be into your community and stuff" without advocating for yet another tax on your neighbors who want to keep chickens.

    Also, to say that "chicken permits...would help bring in revenues and save jobs....." is mistaken. Taxing people for something that they should be able to do for free will tend drive people out of the city...which tends to reduce property values (reducing the tax base) and eliminate jobs...it all adds up. Remember, a tax does not create wealth. It just takes wealth away from the people who generated it and gives it to the government to waste, or to spend for the benefit of people who did not generate that wealth.

    [​IMG]
    well said Grayghost!​
     
    Last edited: May 1, 2011
  5. bsntomsn

    bsntomsn In the Brooder

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    Jan 28, 2011
    Well from the verbage I have come across, it doesn't appear that I have to pay a fee, only I have to be approved to build my coop and keep it. But of course it's very difficult to get in touch with someone downtown to ask questions.
     
  6. duy_quan

    duy_quan In the Brooder

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    Mar 16, 2011
    I am having trouble getting a response out of anyone down town [​IMG][​IMG][​IMG][​IMG][​IMG][​IMG]
     
  7. cindylo

    cindylo In the Brooder

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    Jun 2, 2011
    Idaho Falls, ID
    Quote:
    Out here there was a case of a neighbor getting irate about a neighbor with front yard hens. He got in trouble with the city, and was fined is what I remember. Soon afterward, responsible people came forward wanting to raise chickens as family pets that also provide breakfast. A proposed ordinance was drafted and the council heard the pros and cons of backyard chickens. Fortunately pro chicken folks made a point of coming out and it really helped. We ended up with permission to raise 6 hens quietly, cleanly in the backyard. The people who took the time and energy to demonstrate good byc citizenship and educated folks need to be thanked. It has always been my little dream to have them and now I can.
     
  8. Todd

    Todd Hatching

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    Nov 8, 2011
    Having 11 acres in a city that barred livestock could have presented a problem. Sure, being a lawyer, I could have presented a chicken ordinance to our common council, got some support and moved ahead. I took another avenue. I talked to my 3 neighbors (one being the fire chief) and called my alderman. Neighbors didn't have any issues and my alderman said, "Just get chickens you have plenty of space." The coop was build out of view and over 150 yards from my closest neighbor. I should have built it closer as the neighbors love to bring kids over to see my 19 hens. Every month my boys take eggs to our neighbors. Not out of obligation or "hush eggs" but to be neighborly. We do not hide the fact that we have 19 hens and would never do so. As no neighbors can smell, see or hear our birds why make an issue of it. Before consulting a lawyer use a little common sense. Assuming our municipality allowed chickens, I would have checked with my neighbors first in any event. Sure neighbors can move but it worked for me. With 19 hens my physician wife takes our extra eggs to the hospital every week. They are gone in minutes.

    Why make the world anymore complicated than it already is.
     
  9. Mattsculpt

    Mattsculpt Songster

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    Oct 29, 2011
    Proctor, Arkansas
    "Assuming you are reading this BEFORE you get the chickens, or at least before anyone has complained, here is what I would do:

    (1) Research all applicable ordinance and, if you are in a planned subdivision, any covenants and restrictions. Do this under the table so as not to alert anyone that someone is looking into it. If you call to find out and they either don't have a restriction or the one they have is faulty, they may try to clean it up."

    I did research the county laws and asked if there were any restrictions on the property at the county clerks office.
    However it turned out after I built my coop and on the day my chicks were shipped that there are restrictions against owning any fowl.
    Look through your title insureance for any note about restrictions however obscure and then take that note to the county clerks and make them look up it up.
    Check with the listed owner of the subdivision also.
    I missed the one sentence note buried in the title insurance that said restrictions. So now I'm stuck with a property that I can't use for the reason I bought it.
     
  10. since you've built the coop Matt....

    stealth chickens! or ducks or both. You might be surprised that your neighbors actually enjoy them and no one complains!



    Quote: well said!
     
    Last edited: Mar 20, 2012

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