Need ADVOCATE/ACTIVIST Attorney Lawyer

[33zookeeper]

I'd like to add that he has the names of people in this borough who have chickens, roosters, horses, pigs, goats... he has a friend who worked for the borough and was recently released for unknown reasons. He spoke to him, being he's bitter about his forced retirement, and gave my son more names than he already had. Scranton is a very political town. "Kids for Cash" the movie happened here. I'm not saying it's corrupt, but it is! I wonder if it would have went away if I slipped him a few bucks. Seriously, that's how bad it is here.

 

[33zookeeper]

Sorry to take over the thread, but I keep thinking of things. I have a picture of the citation and can upload it to a personal account, but can't figure out how to do it here. I'm completely mobile...no laptop. Also the citation was from ARCHBALD BOROUGH,PA...in case anyone needed that info. Thank you all again.

 

[33zookeeper]

One more think. As a funny side note, my son was at a council meeting where a womans objection to having chickens was...if a person passes out in the coop, that person can be pecked to death by those vicious animals... another man said chickens introduce "gangs" into the neighborhoods, because they start having "cock fights". That's the best they have! Very funny.

 

[subhanalah]

One more think. As a funny side note, my son was at a council meeting where a womans objection to having chickens was...if a person passes out in the coop, that person can be pecked to death by those vicious animals... another man said chickens introduce "gangs" into the neighborhoods, because they start having "cock fights". That's the best they have! Very funny.

so they must outlaw dog ownership as well then.

 

[dretd]

http://archbaldboroughpa.gov/wp/wp-content/uploads/2013/10/Nuisance-Ordinance-11-of-1987.pdf
Good Morning,

Here is what I have found looking at the Ordinances for Archbald Borough http://www.archbaldboroughpa.gov/docs/Zoning-Ordinance-incl amends 2010--revised.pdf :

Animals:
"5.470 Animals in Residential Districts Farm animals, including but not limited to ponies and horses, shall not be kept in residential districts. Customary household pets shall not exceed one (1) per 10,000 sq. Ft. of lot area."

Not knowing where the property is within the Borough, if it is within a residential district then this may be the problem. If so, you will need to look for information or definitions that support you and make a case that your hens are a pet, not a farm animal. Considering that many people are raising chickens in large cities I think you could put together a very good argument that hens are becoming a customary household pet.


Noise:
"6.430 Noise At the points of measurement specified in Section 6.320, the maximum sound pressure level radiated in each standard octave band by any use or facility (other than transportation facilities or temporary construction work) shall not exceed the values for octave bands lying within the several frequency limits given in Table III after applying the corrections shown in Table IV. The sound pressure level shall be measured with a Sound Level Meter and associated Octave Band Analyzer conforming to standards prescribed by the American Standards Association."

This section appears to be directed at use of the lot and not directly animals, but it brings up a point about noise--which is often cited as a reason to ban farm animals (along with smell). When I fought my city's proposed ban on roosters I was able to check out a decibel meter from the city itself and took many readings of the rooster's crowing at various distances as well as the ambient noise of the neighborhood (we live near a busy intersection with large trucks engine breaking and the city and county does not enforce traffic noise violations). Traditionally the noise level is measured at the property line. I found that my rooster was no louder than a dog barking and there are already ordinances in place for nuisance noise. In your case, I would get a handle on how loud the hens are at your property line where it abuts the grumpy neighbor so that you will have hard evidence that your pet hens are no louder than a barking dog. I also took decibel readings of neighborhood dogs for comparison. If the grumpy neighbor has dogs or makes other noises, I would not hesitate to get that information and use it.

Regarding sound, it looks like you are saying they are targeting the number of animal but they could also bring up the nuisance aspect so be proactive about the noise levels. Here is the Nuisance Ordinance I could find: http://archbaldboroughpa.gov/wp/wp-content/uploads/2013/10/Nuisance-Ordinance-11-of-1987.pdf

It does say that the word nuisance shall include: [N] (4) The keeping or harboring of any dog or other animals or fowl, which by frequent howling or barking or other noise or odor shall annoy or disturb the neighborhood or a number of persons

 

[33zookeeper]

Thank you dredt ... The coop is in the middle of eight of our own acres, with no one near them except us...and we're still not very close. The mean neighbor used to have labs who he let run free and we had a puppy out one day

 

[Teery]

Thank you dredt ... The coop is in the middle of eight of our own acres, with no one near them except us...and we're still not very close. The mean neighbor used to have labs who he let run free and we had a puppy out one day

When it comes to city ordinances, fact mean nothing to them. They don't care if they are in the middle of 8 acres or if anyone can hear them. They only care what the ordnance states and with that, it solves your problem if you want to fight it..Be fore warned, you will be entering the rabbit hole if you take my advice.....

The city, courts, law enforcement, etc. rely solely on jurisdiction to enforce what ever it is they want to enforce. You have to punch holes through this jurisdiction...Tell them you would be happy to comply with the ordnance if they can demonstrate with "empirical evidence and facts" that the ordnance applies directly to "you". Generally, you will get one of two reaction. A deer in the head light look, or anger and frustration. They will generally state "well the statute say's" ...A statute can say anything...it is not evidence...

The key is understanding jurisdiction...This question has been asked ( in other legal matters) to DA's, Judges, federal judges, law professors, etc. and none of them can prove with "empirical evidence or facts" that any law applies to anyone...They generally get themselves in a circular argument that ends with "because we say so" which resembles more of a dictatorship than a free society..

Generally, I wouldn't use this method only as a last resort and only if you really want to fight...You will open a can of worms...I would also suggest that you study "jurisdiction" and check out marcstevens.net before using it. He is pretty well versed and successful using this method..Keep in mind you will be going up against a system stocked full sociopaths that don't like there "authority" questioned...Good Luck