I do not understand people! and how they can lie.

[Tweeza]

Okay I have to vent and I'm sorry. I'm just sick of people who have the need to control others!!!!! If they'd just stop and think about it. Chickens/hens have to be the most quietest creatures compare to dogs!!! My hens have never kept me awake at night but my neighbors dogs on the other hand have left me with little sleep and they are far away compare to my hens. I'm sorry but this just makes me mad especially knowing that my hens don't smell but the neighbors dogs leave us not able to use our backyard at times, when the wind is just right. It's disgusting!!!! I will admit I'm not the best at keeping the coop clean and they still don't smell.

I'm sorry to vent but I have current issues with people controlling my life and reading this hasn't helped. This should just not need to be a thread. As it should just not be happening!!!!\\

I'm sorry for the rant.

You all are great and I appriciate you all and the help you give.

 

[BigPeep]

If you are using a pre-paid legal services lawyer, he/she may not have any experience on zoning issues. I used to run a clinic like that many years ago and I would have been clueless had someone come in with that type of problem. Most of their cases are domestic relations, landlord-tenant, bankruptcy and that sort of thing. Not that they can't research it, but they are usually busy running around doing other cases and don't have the time. It's not really taught in law school either.

If I were you I would spend the money for at least a consultation with a private attorney with experience in zoning issues.

You should also look up any Right To Farm laws in your state.

Generally, you can do anything you want on your own property so long as it is not prohibited by valid local ordinance or other restrictions. You can be sued for nuisance irrespective of any zoning issues but Right to Farm laws provide protection there and it doesn't sound like what you are doing constitutes a nuisance at this point (maybe if you had dozen roosters it would be).

Again, if your town is not incorporated, it probably doesn't legally exist so you are dealing with the township and/or county. Their ordinances have to allow for agricultural uses so unless they sat down at some point in the zoning process and thought about drafting an ordincance that limited uses based on lot sizes or something of that nature, there may not be anything on the books. You would therefore be treated the same as a farm. Coop constructions may involve some regulation, but, as "farm buildings" they may not be regulated other than for distance to lot lines and septic fields. Building codes usually don't apply to such structures.

Again, I am not licensed in your state so you should have local legal advice.

 

[augustmomx2]

Quote:
See how they quoted the ordinances...they may have a valid point in regards to the coop itself. But notice no ordinances were quoted in regards to the chickens themselves. Only "remove your chickens" nothing cited in regards to ordinances/codes. This leads me to believe that there is absolutely nothing on their books about keeping chickens. Make sure you are documenting everything, people who spoke with, what was talked about etc.

Also, find out what agency is supposed to be "citing" you for your chickens (ie health dept, zoning). A Judge can't just fine you if you haven't had proper notice of a court date.

 

[EweSheep]

Quote:
See how they quoted the ordinances...they may have a valid point in regards to the coop itself. But notice no ordinances were quoted in regards to the chickens themselves. Only "remove your chickens" nothing cited in regards to ordinances/codes. This leads me to believe that there is absolutely nothing on their books about keeping chickens. Make sure you are documenting everything, people who spoke with, what was talked about etc.

Also, find out what agency is supposed to be "citing" you for your chickens (ie health dept, zoning). A Judge can't just fine you if you haven't had proper notice of a court date.

I agree with that one! Nothing on the chickens, they probably just add that on for a good measure!

Hope you will get to keep your chickens! This is the worse one I have seen so far when the law and codes of your city is so vague and no one really knows for sure.

 

[Sonoran Silkies]

Don't want to be a nay-sayer, but the 2nd ordinance listed could be related to the chickens--without a title or text, really can't say.

I would like to echo everything BigPeep said.

If you get the text of the ordinances listed, please post it.

 

[cassie]

While your prepaid lawyer may be unfamiliar with zoning etc. in your particular case and may not have the time or resoures to research it himself, he can tell you where the laws, ordinances, regulations, etc. are filed so you can find them yourself. And the people you talked to may not have been lying. They were probably just telling you what they thought was the truth. And since the "official" harassing you has not come up with any citation numbers of any regulations, they may be more accurate than he is.

 

[Sactown Chickens]

I was doing some research trying to find your township's zoning ordinance #144 to see what it actually said. I never managed to find it

but did come up with this from the University of Pennsylvania...

UP apparently publishes a document on animal law and ethics. I know the law school in the town where I live has a clinic where students will help folks with various legal problems. Perhaps there is someone at the school studying this as their area of expertise. If you want to give it a shot, the contact info was as follows...

[email protected]

I hope it helps.

 

[Holly O]

Quote:
Thank you

 

[Holly O]

This is the Zoning ordinance given to me.
I do not have every page only what you see here.


ORDINANCE No. 144

4.100 NANES OF ZONING DISTRICTS
a) Blythe Township is divided into the following zoning districts
R-1 Rural Residential
R-2 Single Family Residential
R-3 Multi-Family Residential
A Agriculture
C-i General Commercial
C-2 Traveller’s Commercial
I Industrial
M Mining
MR Mining-Residential
CS Conservation


Q thence No 144 of Blythe Township, Schuylkill County PAGE 6

5.201 Uses Permitted by Right
a) single family dwelling
b) municipal and/or municipal authority
c) accessory uses

5.202 Uses by Conditional Use
a) nursery school
b) day care center
c) non—profit social hall
d) church

5.203 Uses by Special Exception
a) clubs, lodges
b) cemeteries

5.300 R-2 SINGLE FAMILY RESIDENTIAL DISTRICT
The Single Family Residential District has been established for the Villages of Cumbola, Silver Creek, and Kaska. This District and its associated regulations is intended to preserve, protect, and
perpetuate the village character of the dominate population centers of the Township and to allow for logical expansion of the villages into the immediate surrounding areas.

5.301 Uses permitted by Right
a) single family dwelling
b) two—family dwellings
c)municipal and/or municipal authority use
d) accessory uses

Ordinance No.144 of Blythe Township, Schuylkill County PAGE 8

5.500 A AGRICULTURE DISTRICT
The Agriculture District has been established to facilitate agricultural activities and to encourage environmental sensitivity, natural resource protection and preservation of the rural character of the Township. This district allows land uses commensurate to the intent of the District along with residential development. Design options which promote compatibility amongst land uses while preserving and perpetuating agricultural related activities are permitted within this District,

5.501 Uses Permitted by right
a) agriculture
b) horticulture
c) animal husbandry
d) forestry
C) stables
f) kennels
g) hatcheries
h) greenhouses/nurseries
j) public and private recreational facilities
k) parks/gamelands
1) single family dwelling
m) two family dwellings
n) municipal and/or municipal authority use
o) accessory uses

ENACTED AND ORDAINED as an Ordinance of the Township of Blythe, Schuylkill County, Pennsylvania this first day of December, 1993,

 

[horsejody]

Well, I don't see anything prohibiting chickens, or any other kind of pet for that matter. I'd tell them to stick it in their ear.