Neighbor hates my chickens- will she do them harm?

[Blooie]

I don't understand how you lost if three were in your favor and two against.

Does it take 4 votes to win? Also at the very beginning of this thread you mentioned that the town said you could have roosters so did they misread your zoning or something?

The bamboo fence is a very good idea. Also consider enforcing your property line as recently discovered by the surveyor that you have more land than you thought. Some places, if you let the neighbor have the land too long, they can claim ownership of the part they used. I don't know how that works but you definitely don't want it happening to you.

It's called "possession by acquisition " in most states. Good thought!

 

[subhanalah]

Not sure what state you live in but what's the point of having 26 acres if you can't even have a rooster? Just order whatever minimum amount of guineas from a hatchery, raise them up and turn them loose. No proof they were yours and that lady will wish she was listening to the crowing of a rooster. Problem solved. If it was me I would put a wood boiler in too.

other than your IP address and credit card receipt from paying and ordering them...could always just throw a bunch of eggs in the incubator though.

 

[roosterhavoc]

Nobody is going to that much trouble over a few guinea fowl

 

[MeepBeep]

Nobody is going to that much trouble over a few guinea fowl

I agree, there are 1001 places online or on craigslist to get eggs or keets, the chances of someone securing warrants and initiating a lawsuit or bringing criminal charges to discover where you purchased is highly unlikely over a bird...

As others have suggested roosters are chickens, other bird species are not, if the ordinance specifies roosters having male guineas (or other noisy birds) is not illegal in itself... It all depends on how the law is written, usually the rooster exemption is part of a law that overrides a flat out prohibition on 'livestock' or 'farm animal' but exempts a certain number of chicken hens...

I like the recording idea, put it on a timer and have it blast out for a bit every morning at sunrise, as well as getting a nice ceramic rooster to stand in as a body double...

 

[TheSitcomGirls]

Yes...it takes four votes to win....and there were only 5 zoning members who showed up.

Our town ordinance states that in zoning R1 "These regulations are not intended to prevent the keeping of a limited supply of poultry and livestock on a lot at least two acres in size, except roosters over 6 months of age." And you have to have at least 2 acres to keep a horse. Our land has one acre taxed as R1 and the rest taxed as farmland. But we live in an R1 district. We would have to apply for a special exemption for Spock which we would not get. I also don't think I could deal with the stress. Just being near her makes me feel ill.

I'm not sure what "limited" means...but they define a large scale operation as anything over 999 chickens. There is no mention of prohibiting any other type of animal except a rooster over 6 months of age. And our noise ordinance specifically states that noises from a farm operation are exempt from the noise ordinance. It's a crooked line that our Zoning Compliance officer has jurisdiction to enforce or not to enforce. When crazy lady said she was "complaining" about Spock he didn't even look up from the papers he was reading.

So now crazy lady will have the fun of trying to make our zoning office do something about a complaint....a small amount of justice. I hope so anyway.

 

[aart]

Yes...it takes four votes to win....and there were only 5 zoning members who showed up.

Our town ordinance states that in zoning R1 "These regulations are not intended to prevent the keeping of a limited supply of poultry and livestock on a lot at least two acres in size, except roosters over 6 months of age." And you have to have at least 2 acres to keep a horse. Our land has one acre taxed as R1 and the rest taxed as farmland. But we live in an R1 district. We would have to apply for a special exemption for Spock which we would not get. I also don't think I could deal with the stress. Just being near her makes me feel ill.

I'm not sure what "limited" means...but they define a large scale operation as anything over 999 chickens. There is no mention of prohibiting any other type of animal except a rooster over 6 months of age. And our noise ordinance specifically states that noises from a farm operation are exempt from the noise ordinance. It's a crooked line that our Zoning Compliance officer has jurisdiction to enforce or not to enforce. When crazy lady said she was "complaining" about Spock he didn't even look up from the papers he was reading.

So now crazy lady will have the fun of trying to make our zoning office do something about a complaint....a small amount of justice. I hope so anyway.

It's probably a vague CYA that means it's open to the councils discretion on a by case basis.......which could be good or bad depending on who their best friend is that week.

Is there a number the council members need to have present to have quorum? If there should be 6 present for a quorum and only 5 showed, up the vote could be null and void....but they properly have that covered with vague CYA too.

 

[11squawkers]

I'm so sorry you have been dealing with such BS for SO long
Makes me sick that our world caters to these kind of disgusting, miserable creeps like your horrific neighbors. You would think that she would have wanted the fence to be approved, but her taking action to fight you on it just goes to show that ALL she wants is to make you miserable and keep the problems going. She has a serious mental problem. You are very lucky to have such a strong and supportive husband that can keep you both sane, as it would have driven me to insanity by now, so good job to you both! I do hope you fight to keep Spock, it about broke my heart when I read the post saying you were denied and may not even be able to keep him. I don't know if you may be able to start a "Save Spock" petition or initiative, I would certainly sign, not sure if it would count since we aren't in your area, but I am sure you could get hundreds of signatures from BYC members. Having so many signatures (and im sorry i am unsure of the specific number) would force your zoning commitee, or whoever you will be fighting to keep Spock, to hear your case instead of just making you get rid of him. At least perhaps look into backyard chicken owners in your area to get their support?? And it might be time for you to ask for the support of other surrounding neighbors to speak on behalf of you, Spock, and your efforts to put a stop to her antics, as I am sure it has had to have been witness by others, both her erratic behavior and your consistent attempts to appease and/or shut her up! This is just insane that it can be allowed to continue! I think you should at least have a consultation with a lawyer, or two (try to find one that would fight for farmers rights or something to that extent) just to see what kind of options you have now.
I am sending you a "virtual hug" as I am sure you need it by now!

Stay strong and know you are not wrong.
I wish you and your wonderful husband the best of luck!!

 

[ChickCrazed]

Yes...it takes four votes to win....and there were only 5 zoning members who showed up.

Our town ordinance states that in zoning R1 "These regulations are not intended to prevent the keeping of a limited supply of poultry and livestock on a lot at least two acres in size, except roosters over 6 months of age." And you have to have at least 2 acres to keep a horse. Our land has one acre taxed as R1 and the rest taxed as farmland. But we live in an R1 district. We would have to apply for a special exemption for Spock which we would not get. I also don't think I could deal with the stress. Just being near her makes me feel ill.

I'm not sure what "limited" means...but they define a large scale operation as anything over 999 chickens. There is no mention of prohibiting any other type of animal except a rooster over 6 months of age. And our noise ordinance specifically states that noises from a farm operation are exempt from the noise ordinance. It's a crooked line that our Zoning Compliance officer has jurisdiction to enforce or not to enforce. When crazy lady said she was "complaining" about Spock he didn't even look up from the papers he was reading.

So now crazy lady will have the fun of trying to make our zoning office do something about a complaint....a small amount of justice. I hope so anyway.

If your property except for by the house is zoned farmland, can you move the coop off the 1 acre that isn't to a spot that is zoned farmland? It would be a pain, but seems like it might be a solution. Or apply to get your house re-zoned, which should be possible.

 

[Blooie]

I brought up this whole thing after our last meeting while we were all standing around visiting before we left.....without exception every member of Planning and Zoning, my fellow Town Council members and the mayor were appalled by the conduct of your local officials. What you are zoned for takes precedence over everything - including (and especially) complaining deranged neighbors. The recommendation I would make, after talking to them the other night, would be to contact your state Senator or Representative from your district. A nicely worded letter very briefly touching on what has been going on in the way of the music harassment, the rocks, etc, followed by the unprofessional conduct of the officials when your property was inspected - including bringing a child along - and a copy of the zoning regulation that you quoted here, then a request for someone from his/her office to contact you would not be out of line.

Be sure to stress that you are not asking them to become involved in a neighborhood pi***** contest, just that you want clarification of the zoning regulations and your responsibilities under those regulations. You also want cited the precise statue and/or ordinance that was used to make the final decision on the variance for the fence you wanted to install in order to appease your neighbor, because the decision was made without that being clarified for you. That sentence alone will go a long way - it shows that despite being within your legal rights you were making every effort not to let things escalate to this point and that you are determined to remain within the law. You may not get a response, but elections are coming up and they know it full well. One unhappy constituent can result in dozens, if not hundreds, of votes lost. And even if you don't personally receive a response, you can bet your last chicken that those involved in the vote will.

Unless you want it to be over, just over. In that case, you can still put up a surveillance camera like everyone suggested, because I can 100% guarantee you that even if you end up giving Spock up, she will continue. If you are not specifically aiming it at her property, but primarily at yours because you "suspect you've had some vandalism", and it happens to have one small part of the frame that picks up your trouble spot, you can and should use that. You have a right to protect your property and belongings, including your animals, and that would be the sole purpose for the camera - if it catches her in the act of something you got it on video despite not having it aimed at her.

I wish there was some way to help. It probably does you no good to hear that there are Commissions and Councils who take their jobs very seriously and would not allow themselves to be manipulated this way. That's exactly what they were - manipulated. They should be ashamed and I hope that when they are running for re-election you make it clear to every voter you know that these people are not in anyone's corner but their own.

 

[MeepBeep]

If you are not specifically aiming it at her property, but primarily at yours because you "suspect you've had some vandalism", and it happens to have one small part of the frame that picks up your trouble spot, you can and should use that. You have a right to protect your property and belongings, including your animals, and that would be the sole purpose for the camera - if it catches her in the act of something you got it on video despite not having it aimed at her.

FYI the courts have a long standing precedent that if it's in public view it's AOK to film and is protected under the 1st amendment... So unless said camera is using 'extraordinary means' to film an area where one has the presumption of privacy is expected it's legal, even if that means it's aimed directly at her yard, as her yard is not a place where one would have a presumption of privacy in most cases unless it was fully enclosed and had a roof over it... For example aiming it directly at her bedroom/bathroom window with a telephoto night vision lens would likely be deemed 'extraordinary means' to view an area where there is an expectation of privacy and be illegal... On the other hand having a camera aimed at her property would generally not be illegal in most cases, as there is generally no presumption of privacy when you are walking around outside in the open especially if you (the neighbor) can clearly see the area from your property... This is why paparazzi's can for all intents take all the pictures they want without breaking he law, even if that means following a person down the sidewalk at arms length or putting a camera up on the sidewalk right in front of someones house as many news reporters do...