It was only a matter of time....

[sugar pants]

...before someone made a complain. Namely my crotchey old neighbor, as she is rather a busybody and always looking for something to complain about.

I was hoping she wouldn't notice because the girls are so quite and she NEVER comes to her backyard.

But she did the other day, caught sight of my son playing with our chickens...and today I came home to a Notice of Violation taped to my door.

I'm pretty sure that we're technically in compliance with the ordinance. The coops is usually around 48 feet from our house (does that count...or just other's houses) and that's the closest.

Here is what the ordinance says:

a) Definitions. For purposes of this section the following terms shall have the assigned meaning.
(1) "Livestock" means cattle, goats, mules, hogs, sheep, horses and poultry.
(2) “Keeping” means to maintain, tend, harbor, feed and shelter by stable, barn, pen or other enclosure.

(b) Nuisance. The keeping of livestock, except as regulated herein, is hereby declared a public nuisance because of the resulting sounds, smells, filth and vermin detrimental to the peace, comfort and health of numerous surrounding inhabitants, and protection of the public way.

(c) Regulation. No person shall keep livestock within fifty feet of any dwelling, church, school, hospital or any other building which, from time to time, is used for human occupancy, or any public street. Provided, however, that in the sound discretion of the Board of Adjustment, livestock may be kept in such numbers as will not create a health hazard or hazard to the public way in an enclosure maintained in a clean and sanitary condition and free from all refuse. No person shall permit any decaying food, or any refuse of any kind to remain in such enclosure. Refuse, when swept up or collected, shall be kept in airtight containers and disposed of in accordance with the solid waste disposal regulations of the City. No person shall permit any such refuse to remain uncovered. "

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I'm hoping that a phone call to the city and someone to come out and look at my (impeccably clean) coop will be all it takes to clear this up....but does anyone have any advice??

 

[sugar pants]

To clarify, we have 3 hens. 1 coop (typo with the s there in the post).

 

[Whispering Winds]

Just that your old neighbor is a butt hole.

 

[miss_jayne]

this is the second thread tonight i am posting on tonight and pulling out the 'big guns'.

she has the right to complain even if she is crotchety! let her do her thing and you do your thing.

most likely you are just fine. be kind and courteous, do whatever the officer says and you'll probably be alright.

 

[sugar pants]

Kind and courteous is how we operate around here. So it goes without saying that is how things will be done.

No matter the nasty things she's said to me (or my kids) I've always been courteous to her. I could go on about a zillion other issues (but since this is a chicken board...keeping it to chickens), but I just wanted advice from someone who has BTDT.

Since I wasn't home today when they stopped by, I don't even know if they came into the yard and looked at the coop, measured distances, etc.

I just wanted an opinion on whether I am indeed within legal limits on this one, and what the process to prove that might be like.

 

[Sonoran Silkies]

First, put a lock on your gate and signs saying no trespassing. Anyone who disregards that without a court order is guilty of at least a misdemeanor.

Specifically, what does the notice say? If it does not give specifics, call and ask for the specifics, and also any ordinances they are referencing. Sometimes there is more than one section of code that is relevant.

This is a time when having permission ahead of time might have been better than waiting until you've been caught in the wrong. You might have easily been given the permit ahead of time, but after the fact there may be fines, and you know you'll have at least one person who arguing against it.

Good luck!

 

[medicmandan]

I got a visit from the animal control officer tonight as well. I wasn't home so I have to call tomorrow. He chatted with my wife and said he had received a complaint about chickens in our yard which is a zoning violation. He asked how many we had and she just said he needed to talk to me.

It has to be the neighbor behind me. My neighbors to either side are aware and supportive. The other neighbor has a bad habit of climbing over my fence when his grandkids hit balls into my yard. I'm guessing that's how he found out as they are not visible from anywhere else.

I've done a lot of research in preparation for taking this to city council. Chickens are not a violation of animal control code. Animal control officers are only authorized to cite under violations of animal control. What my violation will most likely fall under is a clause in my zoning ordinance that says "Uses not specifically listed in this section shall not be allowed in residential zones." Unfortunately that blanket statement also does not allow me to mount a basketball standard or any other number of uses not specifically permitted by the code.

My letter goes out to City Council this week. Will be an interesting discussion with the officer tomorrow. My cousin in the next town just had her laws changed, I'll probably send the birds over to her if I am forced to remove them. At least until I get things changed.

 

[miss_jayne]

hope all goes well.

 

[Metanoia]

Provided, however, that in the sound discretion of the Board of Adjustment, livestock may be kept in such numbers as will not create a health hazard or hazard to the public way in an enclosure maintained in a clean and sanitary condition and free from all refuse.

You only have 3 in a coop... well according to what you're quoted you should surely be within rights.​

 

[Eggs4Sale]

Quote:
I've learned a lot from this site. One thing is this: If you put a shock collar on your neighbor, he will stop climbing your fence.