I was told I have 30 days get rid of my hens...Help!

[CALI CHICK]

Hello Neighbor

Hope you get to keep your chickens. I live here in Sacramento County, CA and was afraid we were going to have to get rid of our chicks too. I finally found our county zoning/ordinance that stated we could have hens (but not roosters) if our property was 10,000sf or more. I googled our address and found that our yard was 10, 019 SF! We just made it by the hair of our "chiny, chin, chin"!

I would continue researching to find out exactly WHY they say you are breaking code. It could be the part about them being a "pet" vs. you keeping them to use their "products:eggs". I know someone who was told to get rid of their dairy goat. But, they were able to keep it when they fought that it was the children's pet that just happened to give milk... Sometimes they make exceptions for 4H "show" chickens, but it varies b/n counties and zoning areas.

I would be curious how the county even found out, unless you have one scrooge in your neighborhood. It just takes one. Good luck with your fight.

 

[circlefivehomestead]

I just pulled out the letter again and here is the quote:

"Butte County Code Section 24-65, The keeping of poultry in the residential zone."

So I think we need to prove that our girls are pets and we should be able to since our landlord doesn't allow any other type of animal as a pet (dogs, cats, etc) but was really excited for us to be able to get chickens.

I think we also might be able to prove that out lot size might fit into the Agricultral residentail zone.

I plan on calling their office on Monday morning to talk with them about the issue.

Thanks again for all the great advice.

 

[Dar]

how far are your neighbors?...

really most municipalities dont the the time of man power to scour the streets looking for violations. MOST (not all) run on a report system.... so even though your direct neighbors are ok with it but the grumpy old troll that lives 5 houses down could have been closing his window and happened to look out and see a chicken and because a grumpy old troll has nothing better to do then make life rough for others the troll complained.

I would call the office that issued the letter and find out what your options are.... laws are different every where you go but here... while a ruling is in the appeals stage the hens will have a stay on their pending move out date.

all you may have to do is apply for a variance and/or reduce the amount of hens... some cities only allow 3 - 4 hens...


when you are making your claim remember to point all the positive aspects of keeping a small flock...

great chemical free pest control
eating local...(your own eggs)
their bedding makes great compost*
therapeutic nature of chickens
if you have children the 4H clubs

I am sure some others can chime in and come up with other great ideas.


*remember to include your way of disposing of bedding... some places assume that you will dump it at the back of the yard stinkin...

 

[Sonoran Silkies]

Quote:
If she is ging by the "pet" provision, anything other than focusing on them being pets is detrimental to that designation. Yes, they can be all of the above, but this is not the place for that argument unless she has to fight against it ("Do you eat your chicken's eggs? Then they are agricultural animals.")

If she fits into the scope of keeping them agriculturally, then it really depends on the number of birds she has as to where she needs to focus.

 

[Dar]

Quote:
If she is ging by the "pet" provision, anything other than focusing on them being pets is detrimental to that designation. Yes, they can be all of the above, but this is not the place for that argument unless she has to fight against it ("Do you eat your chicken's eggs? Then they are agricultural animals.")

If she fits into the scope of keeping them agriculturally, then it really depends on the number of birds she has as to where she needs to focus.

anything is an asset IMO... anything + that is... if she is going for the pet designation then yes forget about the consumption of eggs... .. but the pest control is a + either way you look at it... the 4H pets or agriculture can enter

until she finds out the exact reasons why there is really no way of preparing case to keep them... maybe all she needs to do is reduce the numbers... who knows till she finds out the whole story..

 

[OldGuy43]

Quote:
You should(!) call them. Here is Butte County Code Section 24-65 in it's entirety:

24-65 - Applicability of zoning regulations.

The regulations set forth in this article shall govern land use within areas or districts so zoned. All uses of land within a zoned district not specifically authorized or permitted by the regulations are prohibited unless they have been found to be substantially similar to other permitted, conditional, or accessory uses by the director of development services or designee, the planning commission, or board of supervisors.

None of the land uses listed shall be construed to relieve any person from obtaining and complying with all applicable federal, state, or local permits or regulations required to establish said use, including, but not limited to, building permits and sanitation permits and maintaining all structures and uses to the same regulations.

(a)

Procedures for investigation and prosecution of zoning violations. All alleged violations of the terms of the zoning ordinances, other than those provided for in section 24-45.65, shall be investigated by the development services department, planning division, which shall make an inspection of the site on which the violation is alleged to have occurred or to be occurring and shall determine if the site was and is being used in conformance with the zoning regulations governing that site. Following such investigation and determination, the planning division and code enforcement officers shall proceed in accordance with the provisions of article I of chapter 41 of this Code.

(b)

Penalties.

(1)

Any person, firm or corporation violating any provision of this chapter shall be guilty of an infraction or a misdemeanor as specified in chapter 1 of this Code. Each and every day a violation continues constitutes a separate offense.

(2)

The use of any property or building in violation of the terms hereof is hereby declared to be a public nuisance and may be abated in the manner provided by law.

(3)

Nothing in this chapter shall prevent the appropriate authorities of the county from pursuing any civil, criminal or administrative remedy deemed necessary or appropriate to gain compliance with the applicable provisions of this Code.

(Ord. No. 3176, § 1(Exh. A), 1-24-95)

You will note that this section says absolutely nothing about "The keeping of poultry in the residential zone" as stated in their letter to you. Do not be afraid to point out the fact that they have attempted to mislead you. Put them on the defensive! Insist that they tell you where in law it states that you cannot keep pets.

A few more hints that will strengthen your case; Keep insisting that they are pets! Never refer or allow anyone else to refer to your "pets" as poultry, livestock etc. Promptly correct anyone who calls them anything else. Start today getting photos and videos of you and your children playing and interacting with your "pets." If you haven't done so already, give them all "cutesy" names. That will serve to reinforce the fact that they are indeed pets.

Do you have a local TV station (Here it's the Fox Channel) that takes on causes like this? Explain to them in great detail how the big nasty bureaucracy is trying to take away your children's beloved pets. If you can get it on TV you're home free. No bureaucrat wants to mess with "the box." Go on talk radio, write letters to the local newspapers. Post videos on YouTube. Get some friends to help picket the county building. Invite the local media. Take your most friendly pet along. Make yours a cause célèbre. Always make it clear that "they" tried to bulldoze you with their original letter. Make it clear that only "the soulless bureaucracy' objects to your pets. Your neighbors have no problems with them and your landlord applauds your choice in pets. Make it a David vs. Goliath case. The world loves the underdog.

Speaking as an old windmill tilter from way back, you can fight city hall and win. You just have to find the right leverage.

 

[Uniontown Poultry]

Ditto the above post. I fought my township (here in PA we have townships before we get to county level) in '04 & pulled out all the stops - 1) pets not food; 2) an extension of my gardening since they are pest control and fertilizer; 3) not "poultry" as defined b/c they are not raised for eggs or meat but for showing; and 4) their you-must-have-5-acres-in-nonagriculturally-zoned-area-in-order-to-keep-even-one-chicken interpretation of the ordinance was unconstitutional b/c it required an unnecessarily large lot restriction! I wehnt a little overboard, but it paid off in the end, as they decided they'd rather back down than fight a crazy person who was very persistent. A friend of mine in a township in Allegheny County won her challenge on the pet issue alone. Her daughter came to the hearing with drawing she had done of their 3 hens, and talked about caring for them, and fixed them with big, sad eyes, and they relented.
I like the idea of sticking to one argument, but it's good to have the back-ups. If you are going to fight, fight smart - get them to give you a copy of the ordinance/regulation/law section that you are alledegly in violation of (you have a right to get a copy, but they can charge you a small fee). Check your county's applicable code for a section that deals with the "construction" or interpretation of the code as a whole - it's usually near the front of the whole code, or of the zoning section. Sometimes it says there must be a very strict interpretation (meaning they follow the literal letter of the law) and other times it's more broad. I've even seen one that states that where the code is vague, the issue will be settled in the favor of the landowner's interpretation! So it's good to check for that. If it gets to hearing level (i.e. if you decide to challenge the 30-day eviction notice), remember that the hearing board is probably not going to see your operation or understand where you're coming from, and so take pictures of your coop, run, manure disposal, etc. Bring in the drawings and pictures, and the neighbors and your kids, and print off ordinances from other areas (especially if they are local towns etc.) where chickens are allowed. Show them all of this. Use the media if you can - anything to bring people to your cause. I am sending you all my good vibes - Best of Luck!!

 

[Sonoran Silkies]

Quote:
If she is ging by the "pet" provision, anything other than focusing on them being pets is detrimental to that designation. Yes, they can be all of the above, but this is not the place for that argument unless she has to fight against it ("Do you eat your chicken's eggs? Then they are agricultural animals.")

If she fits into the scope of keeping them agriculturally, then it really depends on the number of birds she has as to where she needs to focus.

anything is an asset IMO... anything + that is... if she is going for the pet designation then yes forget about the consumption of eggs... .. but the pest control is a + either way you look at it... the 4H pets or agriculture can enter

until she finds out the exact reasons why there is really no way of preparing case to keep them... maybe all she needs to do is reduce the numbers... who knows till she finds out the whole story..

True, she definitely needs to find out exactly what provision they feel she is not following, and then figure out where she stands, and the best legal argument as to why her birds are not in violation. In every type of persuasive arugment, knowing your audience and speaking directly to the issues is very important.

IMO, if going with pets, than anything that is not based upon them as companion animals is detrimental to the argument that they are companions. This even includes 4H, especially as much of 4H (with poultry) is based upon animal husbandry and production. Might mention exhibition as it is similar to showing dogs or cats, and the direct correlation can be made. I would not go with rodent or insect control unless it is brought up by others, and then try relating it to dogs and cats being ratters and mousers. Basically the premise is that they are kept as companion animals, and even if there were no other benefit from keeping them, they would still be kept.

 

[Sonoran Silkies]

Quote:
You should(!) call them. Here is Butte County Code Section 24-65 in it's entirety:

24-65 - Applicability of zoning regulations.

The regulations set forth in this article shall govern land use within areas or districts so zoned. All uses of land within a zoned district not specifically authorized or permitted by the regulations are prohibited unless they have been found to be substantially similar to other permitted, conditional, or accessory uses by the director of development services or designee, the planning commission, or board of supervisors.

None of the land uses listed shall be construed to relieve any person from obtaining and complying with all applicable federal, state, or local permits or regulations required to establish said use, including, but not limited to, building permits and sanitation permits and maintaining all structures and uses to the same regulations.

(a)

Procedures for investigation and prosecution of zoning violations. All alleged violations of the terms of the zoning ordinances, other than those provided for in section 24-45.65, shall be investigated by the development services department, planning division, which shall make an inspection of the site on which the violation is alleged to have occurred or to be occurring and shall determine if the site was and is being used in conformance with the zoning regulations governing that site. Following such investigation and determination, the planning division and code enforcement officers shall proceed in accordance with the provisions of article I of chapter 41 of this Code.

(b)

Penalties.

(1)

Any person, firm or corporation violating any provision of this chapter shall be guilty of an infraction or a misdemeanor as specified in chapter 1 of this Code. Each and every day a violation continues constitutes a separate offense.

(2)

The use of any property or building in violation of the terms hereof is hereby declared to be a public nuisance and may be abated in the manner provided by law.

(3)

Nothing in this chapter shall prevent the appropriate authorities of the county from pursuing any civil, criminal or administrative remedy deemed necessary or appropriate to gain compliance with the applicable provisions of this Code.

(Ord. No. 3176, § 1(Exh. A), 1-24-95)

You will note that this section says absolutely nothing about "The keeping of poultry in the residential zone" as stated in their letter to you. Do not be afraid to point out the fact that they have attempted to mislead you. Put them on the defensive! Insist that they tell you where in law it states that you cannot keep pets.

The part I emboldened and italicized essentially says that if it is not specifically permitted it is prohibited.​

A few more hints that will strengthen your case; Keep insisting that they are pets! Never refer or allow anyone else to refer to your "pets" as poultry, livestock etc. Promptly correct anyone who calls them anything else. Start today getting photos and videos of you and your children playing and interacting with your "pets." If you haven't done so already, give them all "cutesy" names. That will serve to reinforce the fact that they are indeed pets.

Do you have a local TV station (Here it's the Fox Channel) that takes on causes like this? Explain to them in great detail how the big nasty bureaucracy is trying to take away your children's beloved pets. If you can get it on TV you're home free. No bureaucrat wants to mess with "the box." Go on talk radio, write letters to the local newspapers. Post videos on YouTube. Get some friends to help picket the county building. Invite the local media. Take your most friendly pet along. Make yours a cause célèbre. Always make it clear that "they" tried to bulldoze you with their original letter. Make it clear that only "the soulless bureaucracy' objects to your pets. Your neighbors have no problems with them and your landlord applauds your choice in pets. Make it a David vs. Goliath case. The world loves the underdog.

Speaking as an old windmill tilter from way back, you can fight city hall and win. You just have to find the right leverage.

 

[OldGuy43]

Okay, here's a valid argument on that one. If one keeps a dog for protection is it a pet or livestock? Don't read what the law says, but what it doesn't say. What? You have a cat for rodent control? Vicious livestock. A canary is a pet, but 4 chickens are livestock? Discrimination! Call the ACLU!

See? Fighting city hall can be a lot of fun. You just have to have your ducks (or in this case chickens) in a row.