Ft Collins, CO change to restrict roosters where previously allowed

[dretd]

Quote:
Thanks you for supplying this information. My hope is that I can put the brakes on this entirely as giving any accomodation like setbacks will be the foirst step in banning, I'm afraid. Ie --well, that didn't work so we need to get more restrictive. This is supported by this from the referenced document: "The City rarely receives complaints about crowing roosters. However, if the City Council wishes to address this issue, prohibiting roosters appears to be the only reasonable approach."

The question is do you really need remove the historical rights of homeowners to have roosters for the rare occurrence of a complaint? Not in my mind. Don't penalized a few because it makes your job easier to enforce--enforce the noise complaints on an individual basis.

As for Collias's study, I am not surprised at all. Sound carries really far when there is little to block its movement. I can hear the hum of the Interstate traffic 5 miles away at night. Doesn't mean we should ban cars after 10 PM there, just means I have to learn to tolerate it and tune it out.

 

[432bullet]

I am not a lawyer, but I think you are grandfathered in with living there 20 yrs. I would talk to a lawyer. Just my 2 cents worth Happy trails

 

[dretd]

I am not a lawyer, but I think you are grandfathered in with living there 20 yrs. I would talk to a lawyer. Just my 2 cents worth Happy trails

Thanks for reading my story. Logically you would think they would Grandfather people in, but that is a choice the city can make. They can choose to nit Grandfather at all (unlikely), delay implementation years, Grandfather only the actual existing animals and once they die you cannot replace them or Grandfather you the owner in and then when you sell the new people go by the new rules.

I am considering a lawyer, but at the going rate of $250 an hour on up I am hoping to not have to go there. I can buy a lot of hatching eggs or a nice incubator for that

 

[ivan3]

Just keep doing the legwork for any future lawyer you might need to employ, e.g., contact animal control/cops and run down all stats on rooster complaints & dog barking complaints over the past decade. Just how many roosters are currently residing in town, anyway (any potential allied rooster owners)? How much income would you lose through having to give up the roos? Speak with and write your Council Member outlining the specifics of your concerns and attend all mtgs./comment on all proposals as they surface (I like to tape all conversations and transcribe them later - and keep all copies of correspondence - mailed Return Receipt Requested - `memorialized' conv./mtgs are much better evidence than `oral recall' - particularly if you have to consult a lawyer).

Continue to attend mtgs/keep up with the Planning & Zoning Commission's machinations. The squeaky wheel usually gets the grease at this level of governance, so just keep crowing louder than the `ear plug' crowd. At the very least, I'd expect you might well be able to influence what sort of `grandfathering' is eventually agreed upon.

Good luck!

 

[Sonoran Silkies]

Objective criteria is much better than arbitrary criteria such as having neighbors agree. One of those neighbors might move, and be replaced by someone who would not agree, or they might change their mind.

Different roosters crow more or less loudly, and at lower or higher pitches. Typically the smaller the bird the less loud, but higher pitched its crow will be. The really screetchy crows are more annoying than the deep, low, but loud crow.

Also, what is loud at 3 am is not necessarily perceived as being as loud at 10 am.

 

[dretd]

Just keep doing the legwork for any future lawyer you might need to employ, e.g., contact animal control/cops and run down all stats on rooster complaints & dog barking complaints over the past decade. Just how many roosters are currently residing in town, anyway (any potential allied rooster owners)? How much income would you lose through having to give up the roos? Speak with and write your Council Member outlining the specifics of your concerns and attend all mtgs./comment on all proposals as they surface (I like to tape all conversations and transcribe them later - and keep all copies of correspondence - mailed Return Receipt Requested - `memorialized' conv./mtgs are much better evidence than `oral recall' - particularly if you have to consult a lawyer).

Continue to attend mtgs/keep up with the Planning & Zoning Commission's machinations. The squeaky wheel usually gets the grease at this level of governance, so just keep crowing louder than the `ear plug' crowd. At the very least, I'd expect you might well be able to influence what sort of `grandfathering' is eventually agreed upon.

Good luck!

Thanks for your kind thoughts! I am planning on attending all of the meetings and will take your advice to be squeaky. It it a balance, though, to be passionate but not obnoxious about it since you can win more flies with honey. Hopefully I will strike the right balance.

Objective criteria is much better than arbitrary criteria such as having neighbors agree. One of those neighbors might move, and be replaced by someone who would not agree, or they might change their mind.

Different roosters crow more or less loudly, and at lower or higher pitches. Typically the smaller the bird the less loud, but higher pitched its crow will be. The really screetchy crows are more annoying than the deep, low, but loud crow.

Also, what is loud at 3 am is not necessarily perceived as being as loud at 10 am.

I have started to collect data on Db for the crow (one data point--my rooster has decided that crowing is optional now that I have the Db Meter in hand). At 16 feet his crow was 77 Db. I am hoping that I can collect data points from different distances and draw some sort of line off that so that, for my rooster, I can say at such and such feet he is no louder than the truck noise. That sort of thing. Now if he will only cooperate!

 

[Sonoran Silkies]

Quote: https://www.google.com/search?q=dec...CIYb1oAT2x4LQDQ&ved=0CC4QsAQ&biw=1280&bih=684 has a bunch of different charts showing the decibel level of different common noises. That might be helpful. You should also (if your rooster cooperates) record what level he is at a number of different distances. At least one of those should be the distance between where the rooster typically spends his early morning hours and the closest neighbor's house (not the lot lint, the actual house). You might try asking some of your other rooster loving neighbors if you can get data from their birds....be sure to explain what your goal is.

 

[pjames]

CSU is or was (back in the 70's) one of the best poutry science programs in the country. Of course that was commercial growing but many of us were backyard growers. I am a maverick, finished my BS, worked on my MS until I had to drop out for lack of funds..stint in the Army then private business and now the medical field...

Thing is, there should be some sympathy at the college... Call them and get them on your side.

 

[Abirdbrain]

IMHO, You need to once again search for your states 'right to farm law.' It will lay out Federal guidlines that were written to stop just this sort of harrasment. Each state has a slightly diferent version to comply with the Federal mandate. Be carefull that they may specify animals in a general way, and place poultry in a diferent meaning. The Federal guidlines are written to include poultry at a rate of 10 chickens per 1 animal unit, and most lands are limited to 499 units before they come under federal eegulations for animal care. (thats 4,999chickens).

The fact of Grandfathering is for 'land use' and not individual animal lives. They should not be able to limit your growing your own food in any significat way. You do not have to 'agree' to subrigate rights you already have.

Read and take the meaning of the 4rth, and 14th Amendment to the constitution. the 4rth guarentees your freedom form unlawful searches, or seizure of property without a court order. (including privacy to do your business, in that sense). The 14th is about illegalities of creating a special class with special rules, to place things under special controls. A HOA, is a contract that is agreed to, not enforced by regulations of state or nation.

As for the lower levels of government, lesser officials often give misinformation . because of ignorance or ego, so record everything, or reduce it to paper documents.

In my troubles they refuse to answer in kind and try to buffalo through without documents , to make denials possible if they fall short. So, I dont do Phone calls. I collect whatever documents I can generate, agianst the day they try to get into punishment mode.

It is possible to sue a big mouth for harrasment on civil rights grounds, (county boards too,) as they do not have the right to limit your happiness, without incuring prejudice. We dont like that, is not good enough, a proof of threat to community or illegality must be supported.

Good luck.

 

[dretd]

CSU is or was (back in the 70's) one of the best poutry science programs in the country. Of course that was commercial growing but many of us were backyard growers. I am a maverick, finished my BS, worked on my MS until I had to drop out for lack of funds..stint in the Army then private business and now the medical field...

Thing is, there should be some sympathy at the college... Call them and get them on your side.

Thank you so much for stopping in and seeing my thread~and while I am at it

! I am honored that your first post was to try and help me out!

Unfortunately over the years, poultry science and medicine programs at most universities have been shut down. I watched a webinar from noted U of Arkansas poultry researcher Dr Bramwell and he said there were only 4 or 5 poultry departments left around the country. There is a poultry vet at CSU who oversees the state's regulatory arm for poultry. Though I did not talk to her, I did talk to her assistant who does most of the NPIP testing and they said that they were not contacted by the city and she did ultimately talk to the person in charge from Ft Collins after I talked to her.

The City said they had a CSU rep present at the meeting where they formulated the idea to ban roosters (this is the meeting where they came up with the 2 pro-rooster ideas as 4-H participation and increased nutrition value of eggs) and it turns out that they had a CSU Extension agent at the meeting but that they were a goat specialist and the NPIP gal said that the extension office knows nothing about poultry.

I will lobby CSU harder for support once I find out if the City intends to continue on with the proposal as they may drop the ban or seek to regulate the noise the rooster makes instead of banning roosters outright. I will post a further explanation shortly.