Getting around the rules...

[roguechick]

HI! New here and jumping right in with both feet.

I live where we have 'rules'. Now, I'm wondering should someone complain... how easy/hard would it be for the Board enforce them? One rule being 'farm and wild animals' is not allowed. I"m only going to have 2 chickens, maybe 3 max. However, if you walked or drove around where I live, you'd see broken rules everywhere. (Especially the rule about pets! Loose cats and dogs. Plenty of cats!

)

I know my backyard neighbors would have no problem whatsoever.

(Heck, they'd let me have sheep if I wanted.

) The only way anyone would know is if they came into my backyard or visited my back neighbor. Which the neighbors across the street do and they might be the ones to report it.

Basically, I'm looking to beat them to the punch should any complaint arise. If they aren't enforcing the rules on others, how can they be enforced on me - especially one that is not bothering anyone.

 

[chkinut]

i would like some input on this as well. i'm an illegal chicken owner.....i have 9 chicks now (2 weeks old and are already living outside 24/7). but in a week or 2, i'll be giving 5 of them away.....that gives me 4 girls. i asked my 2 closest neighbors and they don't mind....but i often wonder if someone walking their dog, or a city worker were to come by etc.......we have a privacy fence....so that's good.....but still, dogs, motorcycles, cars, kids....they're ALL much louder than a few hens! gimme a break! why can't everyone have the right to raise a few hens? it's crazy!

 

[roguechick]

I just want to clarify, this is a 'neighborhood' rule, not a town rule.

 

[Sonoran Silkies]

Quote:
Read your documents. It likely has some enforcement built in. Usually that means fines. Typically ANY member of the association can sue to enforce the rules, and typically if this happens whoever loses pays ALL attorney and court costs.

If, for instance, there is a rule against having a clothesline (some places do have them

), and they ignore a bunch of people with clotheslines, and try to enforce against someone else with a clothes line, they will lose--enforcement must be equal. No picking and choosing who you are going to enforce a rule against. The "no clothesline" rule would probably be judged invalid, meaning it could never again be enforced; it might as well not be in the document. On the other hand, let's say there is a rule about planting grass (either you must plant grass in the front lawn or you cannot have a grass front lawn). Let's say they have consistently enforced that rule. Just because they do not enforce the clothesline rule does not mean that they have lost the power to enforce the grass rule.

Your supposition about "farm and wild animals" versus "pets" probably depends on the particular phrasing, and whether they have in fact enforced against farm and wild animals and if there has ever been that kind of violation. Also, does the document define pet? Lots of people have pet chickens and ducks and geese. Numbers make a difference, as do purpose and the manner in which you keep and interact with them.

 

[Sonoran Silkies]

Quote:
Lobby your city/town council for a change.

 

[chkinut]

mine is a neighborhood rule as well. other parts of my town are allowed chickens.....some arn't. and i would love to start lobbying for a change....but DH says that doing that right now will only ring a bell my way, and people will know i'm an illegal chicken owner. i think i should stay low key and if it becomes a problem and they want me to give up the girls, THEN i will lobby for a change (while the girls hide in my spare room....with supervised time outside....he he). that's my plan, but i'm up for other suggestions....and i don't mean to hi-jack this thread either......sorry.

 

[theFox]

Quote:
DH is correct. Not only will it alert them that you are breaking the current laws/rules it will brand you as someone they should not pay attention to.

This means your chances of influencing even the simplest changes into the dumbest laws will be essentially zero.

This is also evidenced in the actions towards a number of BYC members by the towns they were trying to get the laws changed in.

 

[Sonoran Silkies]

You need to lobby for the changes BEFORE you get the birds. If you already have the birds, then plan on rehoming them and possibly owing fines if you are caught.

 

[roguechick]

It's not an HOA but similar idea.

(I'm trying not to put to much info out there. I don't want to be tracked down.

)

We don't have fines but breaking rules could be grounds for eviction. However, like I said, I could walk anywhere around here and point out tons of rule violations.

While I get what you're saying about just because they don't enforce some means they can't enforce another, the way I see it is if they really want to make a big stink of it, it'd be like discrimination. Not enforcing the rules on everyone else. This would fall under the pet rules but they aren't enforcing the OTHER pet rules (like keeping your pets out of other people's yards). Yes, it states farm and wild animals. It says domestic pets.

 

[McCash40]

I always believed the answer to a good offense is a good defense. If someone turns you in, be ready with a list of "other offenses" and make sure they are inforced. For example, I can't have chickens on less than 5 acres and I only have 4. First off, I have "leased" an acre from a friend in a different location. (There's plenty of farms today with split acreage.) Next, I have a list of violations that all of my neighbors are currently guilty of. This should make everyone, including the town officials, think twice about stirring up the muck.

Good luck.