Here we go, Code Enforcement's coming

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3 our of four is a go..that is three quarters so too bad for the cat killer.
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I can only offer
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and say fight em'. Do not show him the chickens, ask for proof that you cannot have them and then seek a variance to keep them.
 
You all have been so wonderful and helpful. I am going to press on and give them a few more weeks indoors (garage). I had no idea chickens made so much dust! ICK! You made some good points--they do have to see them in order to search. I DO have a privacy fence, and the gate is broken off, but the entire yard is enclosed. My neighbors RELY on my fence, for 3 out of 4 neighbors bordering me have a pool (they are roughly 1/3 acre plots). Since they're split level houses, they are set up really high, thus you can look into most people's yards if on the top floor. I have a great tree that can provide lots of shade and <hiding> the tractor and coop arrangement.

I also found the post interesting about what classifies as livestock. The guy at the township building stated that chickens are classified as livestock. But when I asked to see it in writing, he said it's not available and it should be uploaded to the municode website in the next few weeks (yeah right).

I'll keep you posted. I'm not going down easily.

Jen
 
Sorry, had to repost again, with something interesting. I know Wikipedia isn't the law, or even the gold standard, but here it states:

Livestock is the term used to refer (singularly or plurally) to a domesticated animal intentionally reared in an agricultural setting to make produce such as food or fibre, or for its labour. The term generally does not include poultry or farmed fish.
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Ok, I just need to get a copy of the municipal ordinances and see how it's worded...

Peace and goodness,

Jen
 
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Judge Rules Poultry Are Not 'Livestock'



A San Francisco judge has ruled that chickens are not "livestock," and, as a result, are not subject to the Humane Methods of Slaughter Act, according to court filings.

A lawsuit brought by the Humane Society of the United States against the Agriculture Department argued that USDA had misinterpreted the 50-year-old act.

"The court finds the legislative history strongly demonstrates unambiguous congressional intent that livestock, as used in the HMSA, does not include poultry," U.S. District Court Judge Marilyn Hall Patel wrote in her opinion.

Judge Patel granted summary judgment in USDA's favor and dismissed the lawsuit.

HSUS's argument was based on a 1958 dictionary definition of livestock that said that the word encompassed "useful" animals on a farm, while USDA said that the term livestock has always internally meant to exclude poultry.

"The plain language of these bills indicates that Congress intended to exclude poultry from the definition of livestock when it enacted H.R. 8308, the bill that eventually became the HMSA," Patel wrote.

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Speaking from experience...find another case. California law is usually ignored by any other jurisidiction. If it is a Federal case, it stands some chance. Trust me, there is good reason for this behavior.

Florida Judges look at California case law and say "That's nice...got anything else?"
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You do realize that case you are reciting will allow for the cruel abusive slaughter of chickens? It takes chickens out of the category requiring human treatment and slaughter. That is what I mean about Cali case law.
 
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Yup..you cant pick and choose which versus of a ruling you want. Another judge will look at the entire case and rule that this case doesnt apply to keeping chickens.
 
I'd argue the 'livestock' angle, also.
There was a time when cats were kept in the barn, and their main job was to keep down the mice/rats. Dogs were kept to protect the yard, keep out varmints and help with hunting. These animals were *not* allowed in the house!
Today things have changed.... so it is with chickens. They are pets to thousands of people across the United States. Major cities allow pet chickens in backyards. I would search the internet, and list the names of cities that allow chickens.
Backyard chickens are a phenomenon that is growing; the cities would do better to have rules/ordinances pertaining to keeping the chickens, instead of attempting to quash the idea.

Carla
 

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