Neighbor hates my chickens- will she do them harm?

[Starfire669]

Sigh....we have 26 acres and we pay taxes on it as farmland. It is registered as farmland. But as I found out a couple of weeks ago the town doesn't allow roosters ANYWHERE. Unless no one complains about your rooster. If someone complains then the town makes you get of the rooster. It's ridiculous. I am so mad.....I really thought that Spock was allowed. I will be devastated if Spock can't stay. I really will be.

Our goat house is 95% complete. Just waiting for the wiring to be completed. I was going to get 3 Nigerian Dwarf wethers....but maybe I should get something bigger. My goat house is 8 by 12 and the pasture is about 1/2 an acre. Any recommendations a breed that would be good for this situation?

Also can I keep a few geese with my goats? ...probably not...DH will not go for that! I would love to borrow my friends guineas for a few days...but they fly and they would be in Crazy Lady's yard for sure. I need animals that will stay here!!

If you are taxed as farmland, contact the State and go over the town council's head! If it's a state matter, (and taxes are federal and state things, not town) the town council could be violating a State Law.

I admittedly don't know that much about jurisdiction, but I do know who imposes our taxes. It's worth looking into however, especially with re-elections coming up.

 

[sex links]

So u could have 50 acre and if someone complains u can't keep your roo

 

[tridentk9]

Well, that's that. I just got a registered letter from the town telling me I have to get rid of Spock within 10 days. DH will go down there and meet with them...but I am sure that Crazy Lady has been down there every single day. I thought that if this happened I would be OK. I do have a good home for him. But I'm not OK. I don't want to let Spock go! I have asked DH to ask the town for more time and I have ordered 2 anti crow collars from MyPetChickens (1 small and 1 medium) for Spock. I had no idea such a thing existed. I'm going to try it...I know that he should be allowed to crow freely as he would like...but if it's the choice between him staying or going I have to try. Hopefully it will quiet him down enough.

Which code did they list as the reason? A noise violation, rooster or livestock in a residential zone?
Might be worth filing for an extension.

How far is the ag land from your house? Can you see it? Hmmm, I wonder if roosters are allowed conjugal visits if hens are in non-rooster-land. Or visitation rights with owners. A coop on the ag land for Spock *may* follow the letter of the law. Though I'd make it like Pelican Bay!

 

[MeepBeep]

Quote:
I might have missed it but have you verified that is what the law actually says? Have you consulted an attorney to get their interpretation of this 'presumed' law? Is it only limited to roosters aka chickens, or is it any livestock that someone complains about? I have found out through experience that police and even town officials generally know little about the actual written law, and generally just go with the complainers interpretation or hearsay vs actually reading and following the law as written... Many times it's easier (and thus the chosen path) for local officials and police to 'intimidate and coerce' the passive resident with fibs and empty threats then to actually uphold the law as written and deal with the aggressive and complaining resident...

I find it hard to believe you can be zoned agricultural and not be allowed to well use it for agricultural purposes, but there is no shortage of stupid municipal ordinances floating around greased and passed by small minority but very vocal complainers that feel entitled and empowered to dictate other peoples lives...

 

[Starfire669]

I might have missed it but have you verified that is what the law actually says?  Have you consulted an attorney to get their interpretation of this 'presumed' law?  Is it only limited to roosters aka chickens, or is it any livestock that someone complains about?  I have found out through experience that police and even town officials generally know little about the actual written law, and generally just go with the complainers interpretation or hearsay vs actually reading and following the law as written...  Many times it's easier (and thus the chosen path) for local officials and police to 'intimidate and coerce' the passive resident with fibs and empty threats then to actually uphold the law as written and deal with the aggressive and complaining resident... 

I find it hard to believe you can be zoned agricultural and not be allowed to well use it for agricultural purposes, but there is no shortage of stupid municipal ordinances floating around greased and passed by small minority but very vocal complainers that feel entitled and empowered to dictate other peoples lives...

I agree. If the OP is zoned and taxed as AG land, then she should be able to have any and all livestock on that land regardless of any complaints.

Now, if Spock currently lives on the residential part of her land, she needs to move him to the AG land. If the town council persists in trying to force the removal of Spock, get an attorney, contact state officials, and raise a huge fuss about violation of rights. You bought farmland for a reason, don't let idiots take away your right do as you wish on AG land.

 

[luvmypets]

Very well said

 

[TheSitcomGirls]

Violation of a Town Ordinance- no roosters.....it trumps the right to farm law. Right to farm is designed to protect farmers from civil lawsuits because of their daily farm operations (noise, smell etc.) Yes...I talked to a lawyer...it's a bummer. I guess I am just going to have to hope the little collar keeps Spock quiet enough. However, I really want to wait to put it on until the very last day before they are going to fine us....at least I can have that.

Yes, 50 acres, 100 acres-no roosters over 6 months of age....the town rezoned everything back in the 80's I think? They made all kinds of new agriculture laws...like you have to have 2 acres to have a horse etc. The building my chickens are in was the old milk house a long time ago...so if I wanted to have a dairy farm with as many cows as I want I can. But I can't have one, little, rooster because Crazy Lady complained. And the hardest part of it is that all I want to do is go take my horse trailer to the nearest livestock auction and pick up a trailer full of the noisiest creatures I can find. But that's not me......but I sure hope my new goats are screamers!

 

[Blooie]

I might have missed it but have you verified that is what the law actually says? Have you consulted an attorney to get their interpretation of this 'presumed' law? Is it only limited to roosters aka chickens, or is it any livestock that someone complains about? I have found out through experience that police and even town officials generally know little about the actual written law, and generally just go with the complainers interpretation or hearsay vs actually reading and following the law as written... Many times it's easier (and thus the chosen path) for local officials and police to 'intimidate and coerce' the passive resident with fibs and empty threats then to actually uphold the law as written and deal with the aggressive and complaining resident...

I find it hard to believe you can be zoned agricultural and not be allowed to well use it for agricultural purposes, but there is no shortage of stupid municipal ordinances floating around greased and passed by small minority but very vocal complainers that feel entitled and empowered to dictate other peoples lives...

And this is the other part of this saga, which I have followed from post one, that aggravates me beyond belief. This whole thing is giving good people who work hard for their communities such a black eye! I served on Planning and Zoning here in our small town and loved it. Then I was elected to serve on Town Council, and I love that just as much. I am running for re-election and I can't say an unkind word about any of the other candidates running...they are all good people, fair people, and even if I lose, Cowley still wins, simply because of the caliber of people on the ballot.

We have folks in town who own animals and folks who don't. When the owners' lack of maintenance started encroaching on their non-owners' rights, we listened carefully to both sides. We had meetings with both groups. In the end, working together with everyone for over a year, we crafted our first animal control ordinances and they work very well. They address pest control, sanitation, proper sized areas for the animals, noise issues and fair enforcement. Only one animal is banned inside town limits, pigs, but if a kid wants to raise a pig for his 4-H project he/she can come down to Town Hall with his 4-H packet and a note from the neighbors saying they have no objection, pay a nominal permit fee, and raise that little piggy for the county fair. We charge a small annual permit fee per household. Enclosures must meet town setback requirements. We could not have done this if we'd been sanctimonious and if we hadn't taken the concerns of all parties into account, having them work together to find solutions that work.

I am so saddened by all of this...your patience has been stellar, and every step of the way you've gone out of your way to do things legally as far as I can tell. I DO know the ordinances in my town, as do the members of P&Z, the other members of Town Council, and our mayor. They are written in English, not lawyer-ese, so our people understand it too, and they can always stop one of us on the street, in the post office, or the Merc if they have questions. It's so unfair that you are going through this. And it's so unfair to read statements about rotten public officials not caring about anyone but themselves and realizing that we are all being painted with the same brush.

 

[SixChickFlock]

Good golly... I

Sigh....we have 26 acres and we pay taxes on it as farmland. It is registered as farmland. But as I found out a couple of weeks ago the town doesn't allow roosters ANYWHERE. Unless no one complains about your rooster. If someone complains then the town makes you get of the rooster. It's ridiculous. I am so mad.....I really thought that Spock was allowed. I will be devastated if Spock can't stay. I really will be.

Good golly... If you haven't done this yet, It might be worth having someone of authority show you EXACTLY how the town can prevent you from keeping a rooster on your 26 acre FARM.

I would complain and object and appeal and do it all over again and again and again until they realize you are a farm!!!

I've had neighbors with crowing at the break of dawn Roosters right here in the middle of the City of Chicago!!! What a bunch of semi rural weenies!!!

Today my three man team of City of Chicago garbage collectors noticed my City hens in the yard and took a 20 minute break (leading to overtime I hope!) to get the full tour, hold and pet a hen, check out Astrid on the nest... I invited them to come back anytime with questions should they ever want to start a flock, or even just to bring the kids or grand kids by.

I'll give them eggs next time we have excess trash. I offer them coffee and water when appropriate.

You country folks seem to have to put up with waaaaay too much stupid stuff.


TheSitcomGirls...
I miss my neighbors rooster, his wake up calls and the peaceful way the neighborhood felt when he sang. I won't be getting my own rooster but I sure hope you can work something out to be able to keep Spock!

 

[JekkaLynn]

Violation of a Town Ordinance- no roosters.....it trumps the right to farm law. Right to farm is designed to protect farmers from civil lawsuits because of their daily farm operations (noise, smell etc.) Yes...I talked to a lawyer...it's a bummer. I guess I am just going to have to hope the little collar keeps Spock quiet enough. However, I really want to wait to put it on until the very last day before they are going to fine us....at least I can have that.

Yes, 50 acres, 100 acres-no roosters over 6 months of age....the town rezoned everything back in the 80's I think? They made all kinds of new agriculture laws...like you have to have 2 acres to have a horse etc. The building my chickens are in was the old milk house a long time ago...so if I wanted to have a dairy farm with as many cows as I want I can. But I can't have one, little, rooster because Crazy Lady complained. And the hardest part of it is that all I want to do is go take my horse trailer to the nearest livestock auction and pick up a trailer full of the noisiest creatures I can find. But that's not me......but I sure hope my new goats are screamers!

Strange. I have heard of this law also but how I was made to understand it was that the milkhouse on your residential zone land would trump the town ordinance and let you have a cow. The land you pay agricultural taxes on should be fine for keeping a rooster on. Do you sell eggs? If so you have a farm operation and your rooster is needed to keep your hens from fighting eachother. Maybe check with a lawyer who has experience with farming laws.