Got a visit from code enforcement

[desertdarlene]

I'm betting they're going by the "nondomestic animal" and "nuisance" portion of the ordinance. You can try fighting or negotiating this in the courts, but it will cost you some money.

 

[Sonoran Silkies]

Quote:
I have about 15 bantams including frizzled cochins d'uccles and silkies. They are mainly pets with the added benefit of providing me with some eggs and cultivating my soil which is very poor. The special use permit is some outlandish fee like $500 a year so I'm not really sure that's going to be worth it. If I do have to get rid of them all what am I supposed to do with them?

Fifteen is probably borderline to call them all pets (from a legal sense; I consider mine pets and have far more), however, "pets" is probably what you need to go with. Write up a nice letter referencing your pet birds (don't mention their egg laying; that is a secondary use for you) that are allowed under (list appropriate reference to pets in the city code). Go on to quote and cite their definition of livestock and allowed uses. Then quote several common dictionaries that list chickens as domestic animals. Finally state that the citation issued is inapplicable as you have neither livestock nor nondomestic animals.

Mail the letter to code enforcement and copy the city attorney. Make sure it is obvious to code enforcement that a copy has gone to the city attorney.

 

[theFox]

Here is what I think got you in trouble

(b) Special permit uses. The following uses may be permitted in accordance with provisions contained in section 110-145, and if additional conditions which may be required are met.

You likely didn't go through their permitting system in accordance section 110-145.

If you had have, you could have "nondomestic" animals.

But as Sonoran has pointed out chickens are a domestic animal.

I'd say they would not have a fun time before a judge.

In addition to that all of the fluff language in their ordnance leaves a lot of room for interpretation, and might cause a judge to toss a lot of it away as being vague and unenforceable.

 

[onthespot]

Special Use portion allows farming and all birds, including domestic poultry, per their own definition, are considered fowl. Same word they use to describe a parakeet or canary or ostrich. ALL birds are classed together under one word. I say your best hope is to apply for a special use permit to have "fowl" and do not define what kind or size or age or use or anything.

 

[speckledhen]

Quote:
Actually, no. They are considered poultry by GA law, technically, and listed separate from livestock. I researched this recently. I live in Fannin County, GA. Now, your neighborhood covenants trump state law, so that would be an issue.

Many assume they are livestock, even the cops, but that is not always the case. It can be very tricky to get things defined.

 

[Hollywood Chickens]

Quote:
Yeah there is no clear definition for the nondomestic animal term. I could see how roosters may be considered a nuisance but I think it's a stretch to make me remove all of the chickens from my property.

The city in my area ruled that chickens are not domestic animals,but we live in a bird sanctuary so now according to federal law they can't make us get rid of them!!

Sonoran Silkies: I have 36 chickens and they are still pets, so I am sure 15 will be okay.

read the code in my city there is a code on how to keep chickens and the city still says they are illegal.

 

[Mzyla]

oparea,

Are your neighbors very close? Can they see you, what you doing on your yard?

I'm sure you love your chickens and want to keep at least few?

For the time being (when inspector is visiting your property) maybe you can build them something, that would fit inside of your house/basement?
They are NOT inspecting inside of people homes.
And later on, when everything quites down, you can take them outside. Providing, that your yard is NOT visible to the neighbors.
Although, Rooster will give you away...you cannot have any rooster.

As for the rest of your flock; place advertisement online at craiglist under "Farm/garden"

 

[WhetzelMomma]

I personally would fight. Chickens are NOT livestock where I live. They are fowl. And I would argue with the court that your chickens ARE domesticated, and that further, they are your pets. Get rid of the Roosters, and show that you are doing what you can to keep your neighbors happy. I would also find out what your city ordinances are for noise violations. I bet the rooster doesn't crow during quiet hours. I live in the country, and I keep my rooster contained in the hen house until about 9:00 in the morning. Tough to hear him unless you're already up and outside near the house.

 

[Rhett&SarahsMom]

Mine are pets. Simple.
I do not sell the eggs. However I do give them away to anyone that asks for them.
I will never, EVER eat my girls.

A few years back, right after a major ice storm here. I had the animal officer come by and tell us that they had to go. They were livestock. However none of my neighbors have ever complained. Makes me nervous though that there is a house in back of us that recently went up for sale. And another that eventually the bank will kick the foreclosed on "owner" out of.
You wouldnt know they were even in my back yard, even though they do get loud and proud some times

We do not have a rooster. They are not free roaming.

I still have all 6 girls in their coop in my back yard. Next spring we are putting up stockade fencing, on the side of the yard facing the houses that will eventually have new owners. I feel bad about it since my elderly neighbor and her daughter love watching the girls. But I dont want to risk getting another visit from the a.c.o Although in my city the a.c.o and police have bigger things to deal with besides some crazy woman with chickens.

I am just keeping them clean and keeping no roosters. I will ALWAYS have a few chickens though. They are great pets

 

[Poulets De Cajun]

Quote:
If you recieved a notifcation or citation from code compliance.... then you're in the wrong.