Need ADVOCATE/ACTIVIST Attorney Lawyer

[33zookeeper]

My son and I were just cited for a zoning violation concerning our four hens. They are in the middle of eight acres and don't bother anyone. The Borough is targeting us, because many others who live here have many farm animals. A neighbor who we never got along with, turned us in. My son was in the paper, on the radio because he is a BYC and land sustainability advocate. Please, any advise is welcome.Thank you in advance!

edited by staff to remove personal information

 

[wholehearted]

Do you have copies of the ordinances? What is the alleged violation?

We found an attorney specializing in agricultural law by searching the phone book and internet.

Our state extension office also has a legal department which had some helpful written resources for us. Maybe check the Pennsylvania State Extension office to see if they can direct you to appropriate resources.

Alternatively, perhaps you could contact the Farm to Consumer Legal Defense Fund to see if they can recommend someone in your area. http://www.farmtoconsumer.org/

Good luck!

 

[33zookeeper]

Thank you wholehearted. Yes, we have the ordinance book, violation is having 'animals' lol pretty vague. Contacted FCLDF ... awaiting response. These were very good ideas. My son us big on the land sustainability movement, and made some friends, but we seem to be at a stalemate.

 

[Sonoran Silkies]

You have 8 acres and were cited for 4 hens? VERY odd! What is your zoning? And what are your allowed uses? It seems odd that the bourough is targetting you with 4 hens when many others have lots of farm animals? Something seems off.

 

[33zookeeper]

Sonoron Silkies,
Yes...its called selective enforcement. There are all kinds of animals all around us in neighborhoods. It's like legal extortion. My son has to pay $375. What a shame.

 

[33zookeeper]

The hearing date is pending and we dont know what to do. Someone please help. Thank you in advance.

edited to remove personal information.

 

[wholehearted]

Would it be possible for you to post more specifics about the ordinance and the alleged violation? That might help people to better advise you.

 

[dretd]

Would it be possible for you to post more specifics about the ordinance and the alleged violation? That might help people to better advise you.

I agree. Perhaps posting a link to your specific ordinance and your zoning so that we can read it is a good start. I would start collecting data about what types of animals other people have so that you can use that in your arguments at your hearing--make sure that they fall under the same category as your chickens. Selective enforcement is a problem. Have you gotten a hard copy of the ordinance the ticket-giver is using to give you your ticket? Maybe there is an obscure law somewhere that they are using that you did not see?

In fighting my City's proposed change to the chicken ordinance to ban roosters (they had been allowed in certain zones), I was very proactive and gathered as much support from friends and neighbors as I could. I went to meetings and invited the City over to see my place and circumstances. I argued that there were already noise ordinances in place and they could enforce those without adding more laws. I found out in my research that the roosters (or dogs barking, etc) was not the real reason people got turned in--there was always something underlying the tension between neighbors. Have you tried to figure out what the real beef is with the neighbor that turned you in? Finding a lawyer was an expensive dead end for me and I found that diligent self-advocacy (in a nice but persistent way) worked the best.

I would also start a petition campaign and go to each of your other neighbors and have them write a letter or other acknowledgement that you are not bothering them and they support your right to keep your hens. Maybe you can get enough support that you can get grandfathered in or an exemption somehow even if you are not within the codes. Perhaps arbitration between you and the person that turned you in could mitigate the situation?

 

[33zookeeper]

Thank you everyone. My son got a hard copy of the ordinance book a while back. We no longer have a rooster. My closest neighbor is a young woman who adore them...no problem there. The neighbor who turned us in have been rivals over property for decades. No resolution there. My sin does act as an advocate. He was written up in the paper when he sat on the lawn of our county courthouse with a hen in a cage and a sign that read "What's Blakely Boroughs beef with chickens?" Since then, he's been to several council meetings. He's known as the "chicken man" he even speaks on a local public radio program from time to time, on behalf of the sustainability movement. If I can find the link from the paper, I will post it. He is a bright young man. I do not personally have a copy of the ordinance book, and the officer didn't give him one. The fine was vague at best. He was fined for "having animals". My mother and I will go to the hearing and I know my neighbor up front will go too, if she can. If she can't, I'll have her write a letter. Thank you for your ideas. Maybe from here on in, I'll have him answer questions, because he knows best..he takes care if them mostly. No lawyers, then for sure things will get blown out of proportion. Thanks for your help. We love our chickens!
Lynn Lucas Zavada

 

[33zookeeper]

To Wholehearted,
I did contact WWW.farmtoconsumer.org and still have not received an answer. But thank you. Lynn