Neighbor mad about rooster...suggestions?

[Boppo]

I know this thread is relatively old, but I just wanted to say that I've been going through the same thing. Our zoning here is agricultural (there are several farms right down the road from us) but my neighbors are awful and have complained about my roosters. I even bring my roosters inside at night during the summer (not in the winter, because everyone's windows are closed and you can't hear them), but they still complained. They've even threatened to sue me, but it's been several months now and I've heard nothing, so I don't think that's going to happen.
One of the neighbors that complained only just moved in from NYC, and they don't even live here full time. They're only here on weekends, and not even every weekend. It's very annoying, and I hate having to live next to these terrible people.

They have to have some sort of grounds before they can successfully sue you... just being unhappy is not going to win a lawsuit!

 

[Boppo]

They have to have some sort of grounds before they can successfully sue you... just being unhappy is not going to win a lawsuit!

that might not be clear. Sorry. Unless you have broken the law or been so neglectful that you created a nuisance, (which it does not sound like you have), it's hard to think of a way that they could sue you. that might be why you haven't heard from them. They might have figured that out.

 

[Boppo]

thank you, everybody, btw, who took the time to educate me a bit about the rooster collars!

 

[HappyClucker7]

that might not be clear. Sorry. Unless you have broken the law or been so neglectful that you created a nuisance, (which it does not sound like you have), it's hard to think of a way that they could sue you. that might be why you haven't heard from them. They might have figured that out.

Exactly. There is nothing they can sue me for. Roosters are allowed here, and they are not creating a nuisance. As you said, I'm sure they've realized that by now.

 

[Boppo]

Best wishes!

 

[Buckingham Palace]

Hi. I'm not sure if this would help. But you could try sleep boxes that he goes in at night and you let him out in the morning. I do it with my rooster mas not to wake my parents. He is so pretty and I'm sorry you that you have a mean neighbour.

 

[U_Stormcrow]

They have to have some sort of grounds before they can successfully sue you... just being unhappy is not going to win a lawsuit!

You can sue for anything at all. Its the American way - and if they do it in small claims court, you can't even count on an early motion to dismiss. The point of which, for some, is **NOT** whether the lawsuit is ultimately successful, its that the process of dealing with the Courts is punishment to the lawful owner of the rooster(s).

Now, I am NOT an attorney. This in NOT intended to be legal advice. I'm simply reasonably well read, and have some odd choices of reading genre. In MA @Boppo , there are two kinds of Nuisance, "common" and "private". What we are talking about here is a private nuisance - a claim that the OP's posession of roosters interferes with the plaintiff's quiet enjoyment of their land. That case *WILL* go to court.

The next thing you need to understand is that, in the US, small claims courts are generally Courts of Equity, NOT Courts of Law. Explaining the difference is more time than I want to take on this post. Important here, it allows the Small Claims judge to do some pretty wild things.

The last thing you need to understand is that the law of Nuisance isn't a "law", its a "feeling", and in that regard, its utter BS. Anybody can open their state statute and look up the law on murder, or speeding, or whatever. If you do "X", and are convicted, these are the penalties.... Nice and simple, clearly spelled out. The law on nuisance??? I'll summarize "If the judge hearing your case thinks its a nuisance, its a nuisance." Nuisance law is so untethered from the rest of the body of American law that Congress (State and Federal) has been taking steps to reign it in. Many States have "Right to farm" laws - which make farms immune to claims in nuisance for commercially acceptable operations consistent with standards - so the new neighbor can't buy property next door, then force the farm to shut down because it stinks, is noisy, whatever. But those laws apply (generally) ONLY to large scale, ongoing, commercial farming operations - not the backyard flock of a half dozen birds.

OP will have to go to court, show that roosters are permitted, that they aren't in violation of noise ordinances, or zoning, or mandatory setbacks, whatever and that since roosters make noise and all their rooster-related activity is normal, it must therefore be lawfull - and hope the Judge agrees.

again Judges who have found lawful activities to still constitute a nuisance are so prevalent that State and Federal Congresses have had to start cutting them off at the knees. The "Right to Farm" act, as but one example. Nuisance law is being used to try and extract money from big Oil over the fact that we all use the products of big oil, and therefore pollute the environment - not that their actions are illegal, or that selling oil is illegal, but rather that they are responsible for the consequences o our use of the oil they sell. Similar claims are advancing against drug manufacturers, gun manufacturers, over employer COVID mandates - basically any deep pocket operating legally but currently on the political "outs" with a segment of society.

This is not a case where one should put their faith in the legal system.

Or so I believe as a reasonably well read consumer.

 

[addctd2plnts]

I think I get both sides of this picture. Hubby is a doctor who worked his last 5 years before retiring from 6 pm-4 am. I was on his schedule because if I get up earlier the dogs are up and end up barking and waking him up. When we were wok up earlier than noon, it honestly felt like somebody pried your eyes open at 3 am, during your deepest sleep time! And he really needed that sleep because he was reading MRIs and CT Scans as a Radiologist all night from the ER. There were lots of times that he diagnosed things where people would have died by morning if he missed it. One thing we found that really helped was a white noise maker from Amazon. It isn't really loud and makes you sleep like a baby! Miht be worth giving him one and telling him a doctor who used to work nights suggested it would help him: https://www.amazon.com/Marpac-Class...ite+noise+machine&qid=1645396541&sr=8-29&th=1 If that doesn't work, we have an air filter system that on "high" will cancel out any noise. We've had carpenters working on the house for 2 years and we can't even hear them nailing with this thing: https://www.amazon.com/gp/product/B01L9UT1YU/ref=ppx_yo_dt_b_search_asin_title?ie=UTF8&psc=1 If he won't take the advice, let him suffer LMBO

On the flip side, we moved out of the suburbs and I got my 24 acre farm. It's agricultural zoned land and I bought it specifically so I didn't have an HOA or neighborhood to deal with. I prefer ducks, so don't have the crowing. However, son has rifles and comes to target shoot about once a weeks. Neighbors across the street called the police claiming their horses were "million dollar horses" and the shooting was going to make a horse kill itself. LMBO I have 7 horses and they get desensitized in this location, reason to follow... To know why I'm REALLY laughing, you have to know that our property borders a park and 3500 acres of conservation land, which includes a SHOOTING RANGE and DOG PARK. EVERYONE here has guns and many practice shoot on much smaller properties, that I'd never allow son to do for safety issues. Plus, almost everyone hunts their properties year round because there's so much wildlife from the conservation area. I swear on some days it's noisier HERE than it was at the suburban house! Police were nice and told son he was not doing anything wrong, and told the neighbor the same. Son went to talk to them after the police left, just to be a good person. He did let them know he would keep it between 1-4 pm, once a week and it would be on Thur-Sat. But the guy and his wife were STILL insisting that he has to go somewhere else! LOL Their horses need to be desensitized, although I'm reasonably sure they already are.

Now, how to make

 

[MildlyOffensiveChicken]

Although this doesn’t help the OP....

One option for night workers/day sleepers. Make your bedroom a quiet room.

Plenty of options for sound absorbing insulation and panels.

 

[MrsNorthie]

I am just wondering what you would do. Should I rehome him?

LOL That would be the best result, rehome the rude neighbor. Do not move to the country if you don't want to hear country sounds.