HELP! My chickens are being evicted!

[stacym]

Ask for evidence? She admits to having hens Portland Has A LAW that allows hens, her town regardless of size does not. How can OP be right, when she admits to knowing that chickens are not allowed, its the LAW. Just or unjust, it is the law so until it is changed, she is breaking it.

True, We chicken outlaws usually knowingly break the law. I don't think that she was saying that she was right in breaking the law. I think she was just looking for someone who has done the same thing and can give her some wise advise. Only thing I can say to help is if the ordinance says livestock- and doesn't specify then you have an out. If it states exactly what type of livestock then it will be much harder.
I hope that you will be able to keep your chickens and wish you the best of luck!​

 

[Spore]

"Ask for evidence? She admits to having hens Portland Has A LAW that allows hens, her town regardless of size does not. How can OP be right, when she admits to knowing that chickens are not allowed, its the LAW. Just or unjust, it is the law so until it is changed, she is breaking it."

Laws are not all knowing and binding. They were created by people to serve people. When they no longer serve people it is appropriate to break them.

I quote Martin Luther King Jr. who was imprisoned in Birmingham Alabama when he said, "There are just laws and there are unjust laws. I would agree with St. Augustine that an unjust law is no law at all... One who breaks an unjust law must do it openly, lovingly...I submit that an individual who breaks a law that conscience tells him is unjust, and willingly accepts the penalty by staying in jail to arouse the conscience of the community over its injustice, is in reality expressing the very highest respect for law."

Therefore she has the highest respect for the law by admitting it openly and wanting to find a peaceful way to help an injustice in her community.

 

[LynneP]

...and emphasize that a mid-winter eviction is cruel to the animals. Contact the nearest SPCA for advice. Can you imagine how many chickies are going to be dumped there, possibly to freeze overnight without food/water because they can't be left legally? Some bonehead is trying to sweep all poultry out of your town, is my guess, but winter is not the time. Behind the scenes, look for someone with a comfy barn to board your girls when things get difficult, and they probably will- sorry to hear this, it's been happening in our nearest city, too. Consult your municipal councillor too, that could be the source of your problem...

 

[b.hromada]

Oh Jessica, I hear you well! I live in the city, and someone called animal control on me! Yes, maybe move them to another part of your yard. I keep my girls inside until they lay their eggs, and the egg-song has be sung! Its difficult, but it has worked out for me. So far, so good, no animal control over here in over 7 months!!

I love my girls, they are my pets! Try the moving thing, and see if this doesn't help you out. I can't imagine, a very SMALL town, such as yours, would even consider asking you to remove your chickens!

, to them!!! Best of luck! Keep us posted.

 

[theFox]

Jessica,

Since you provide no town/county/state it is hard for folks to look up ordinances, just because you get a letter from an attorney doesn't mean that it is a done deal despite what the letter implies.

You need to find out several things,

First if pet birds are allowed and chickens are not excluded from being a pet then they are birds and you consider them pets. This creates a conflict with other sections of the law which needs to be resolved. It is a delaying tactic and it should lead to a hearing.

Second things may depend upon what the livestock definition (along with many other definitions) actually is (are) in your jurisdiction.

Third it is also possible that your town has no right under state law to have their regulations the way they are. Small towns are not noted for being the sharpest legal knives in the drawer.

Two towns over up here discovered that after a costly battle with some sharper legal knives said enough is enough. Both the town and a long time land owner discovered that there is a price for not paying attention to the law at the state level and doing what they wished.

 

[fla_native]

Quote:
BINGO!

More times than not , this is indeed the case.
I love the bit about "THE LAW".....Not far from where Im sitting right now the mayor decided he didnt like those pet pigs so he wanted to get a law passed barring ownership.
Unfortunately for him one of the pig owners was very good friends with his secretary AND his wife......lets just say that the LAW issue faded away.

 

[Sonoran Silkies]

Selectively enforcing the law is a BIG no-no from a legal standpoint. Now, if zoning violations are investigated only when there is a complaint, that is entirely different than selective enforcement, but depending on how flagrant other chickens are that may still be a consideration.

 

[deekayfry]

You say the "town does not allow chickens." Specifically, what do you mean?

This can mean anything. Is it law or is it just a public opinion or did someone tell you this?

Is there a code or ordinance that specifically bans chickens? If there is a livestock ban code, the code must have the words that relate to it. It may something like "chickens," "fowl," or "game bird." If the code does not have those words, then you may have a case in your favor.

Did the attorney cite any code?
Did a magistrate or a judge authorize the removal?
Without these, there is technically no violation. The case can be considered moot and in your favor.

If it is a criminal citation, you have the legal right to contest it in court and depending on state law a trial by jury. These little used tactic works well for speeding tickets (who wants to pay for a jury panel, a local prosecutor, and the time to fight a traffic violation???)

Remember, just because it comes from a government office or an attorney does not mean that it is legal, right, or that they know what they are doing.

Read your state and local laws, codes, and ordinances, and if you find a discrepancy challenge the attorney personally as in call or meet them directly. Be very courteous, civil, and polite, of course, but also be confident and stand your ground.

If it goes to court, again fight it be nice, et cetra. If it is ruled against you, appeal.

The key to it all is what law is the removal is based on.

If you have any doubts consult an attorney. The fee will more than justify the expense of losing your birds.