Health officer said my chickens must go....My kids are very upset!!

[HilltopFarm]

We are going to fight it, I have sent emails to all our local news stations, emailed the Salem chickens owners, and The Chicken Whisperer also called me. We are going to do all our research, get legal help and fight to change the ordinance.


Here's what the code says:

A. No person shall keep animals or poultry used for sale or commercial purposes or operate a kennel, pet shop, shelter or pound on any premises within the Borough of Rockaway unless a license for any such purpose shall have been first secured from the Board covering the premises to be so used.
B. No license for the keeping or raising of animals or poultry or for the operation of a kennel, pet shop, shelter or pound shall be granted to any person when the keeping or raising of such animals or poultry or the operation of such a kennel, pet shop, shelter or pound, because of the nature or characteristics thereof, would be detrimental to the general health of residents of the neighborhood of the premises sought to be so licensed.

Restrictions:

A. No person shall keep any animals in a hutch or coop of a size having less than eight square feet of floor space and being less than two feet in height without special permission from the Board.
B. No dog kept in a kennel, pet shop or pound shall be permitted off such premises except on a leash or in a crate or other safe control.
C. The keeping of five dogs or more over the age of six months per premises shall be deemed a kennel.
D. All kennels, pet shops, shelters or pounds shall conform with the regulations now or hereafter in force under ordinances, the Building Code

Editor's Note: See Ch. 115, Construction Codes, Uniform.and state laws.
E. No person, firm or corporation shall keep or maintain live poultry, birds or fowl of any kind (other than song birds), rabbits, hares, guinea pigs or other animal or animals (other than dogs and cats) within 60 feet of any dwelling house, place of business, public buildings or public street, stream, lake or park.
F. No person, firm or corporation shall keep or maintain live poultry, birds or fowl of any kind (other than song birds), rabbits, hares, guinea pigs or other animal or animals (other than dogs and cats) within 100 feet of any dwelling house, other than the residence of such person or place of business of such person, firm or corporation, unless such person, firm or corporation shall first obtain a license from the Board of Health upon written application therefor and shall comply with Subsection A and the following:

(1) Each pen, run, cage, coop, stable or enclosure shall be kept dry and adequately ventilated and shall be cleaned daily and kept sanitary at all times.
(2) No part of any pen, run, cage, coop, stable or enclosure shall be nearer than 25 feet to the side or rear line of the plot upon which the same shall be situated.
(3) No domestic poultry, birds or fowl or any kind, rabbits, hares or guinea pigs shall be permitted to run or fly at large.
(4) Each application for a license shall specifically set forth by kind and number that which is sought to be kept or maintained.
(5) The consent of each principal occupant of every dwelling house and place of business of which any part thereof shall be situated within 100 feet of any part of such pen, run, cage, coop, stable or enclosure shall be obtained and remain unrevoked.
(6) Each application for a license shall set forth the name and address of all persons whose consents are required by Subsection F(5).
G. Fees for each keeping of animals license or keeping of poultry license or any renewal thereof shall be $5 per annum. Fees for kennels, pet shops, shelters or pounds shall be in accordance with applicable regulations specified in Subsection D.
H. Any license prescribed herein shall be issued for the calendar year only and shall expire December 31 of each year unless otherwise revoked. The license shall apply only to the person, firm or corporation to whom issued and shall not be transferable.

 

[tasymo]

I'm not seeing this saying you can't have poultry. In fact it seems to outline exactly how you must keep them and that you must have a license. Perhaps you are just not in compliance with the rules? Did you pay the $5 for a license? Is your coop the right size and located the correct distance from other homes? Or am I not reading this right?

 

[SMan]

Edited because this code is full of contradictions:


What I do see is:

100 Feet from others residences
60 feet from yours
25 feet from side and rear property lines
and they cant run wild
8 SQ FT per bird
5$ a year for license and approval of all residences/businesses within 100 feet

But you can have is within 100 feet so why have that rule?

Are you sure these all apply to you? County code etc doesn't always translate to cities.

 

[wanda047]

It seems to also state that she should have a coop with eight square feet of floor space and two feet in height, if I'm reading that correctly.

 

[SpringChickens]

Reads to me like you are in the right. Good luck with your pompous friend!! I know that these people can be difficult even if you are in the right.

 

[Sactown Chickens]

How big is your lot? Can you meet the distance requirements? Also, would all of your nearby neighbors approve to obtain the permit? If so, I don't think the health official can in any way prohibit your chickens.

 

[Dr.Doorlock]

E. No person, firm or corporation shall keep or maintain live poultry, birds or fowl of any kind (other than song birds)

I find my chickens make beautiful music, often when they are about to lay an egg. You can also remind them that your chickens are good Americans and support our president!

 

[lunkerchicken]

Are you in compliance with everything stated? I don't see anything that comes out and says you can't have chickens as long as you have met those distance requirements and such. Please keep us posted!
Has any of your neighbors complained about them?

 

[andorraclaim]

Quote:
That is not a public servant. At best, he's a jerk who gets off on power. Treat that person accordingly. And get some folks on your side. Keep us posted.

 

[Sonoran Silkies]

Can we please keep politics out of our discussion--it begs the point and not everyone agrees with the same viewponts.


Also, you need to treat other people the way you want to be treated--not only is that the polite thing--it is also usually the most effective thing. If you go in swinging--that is how they will respond. You catch more flies with honey than with vinegar.