New Jersey

[mame1616]

Ok, so I wrote to my brother who is a real estate lawyer in Texas, and he says:

I usually think of domesticated animals as dogs and cats.
I would check the internet and the dictionary for what that term means in common language. That is how a court will interpret it.
You might also have deed restrictions in neighborhoods with similar language.

My town, Middletown, does not mention poultry at all in the regulations, which means there are no laws against them - how can I break a law that doesn't exist? I did call and ask, but my neighbors are pretty ok with it. I thank them by not getting a LF rooster.

 

[GardenState38]

Thanks for consulting your brother. So it's not just me? You found the ordinance to be very vague, too?
I have a lawyer who is handling my Mom's estate, and I may see if he has any insight--I think he may be familiar with the Twp., but not sure of his experience in zoning law.
I feel I have to fight this as much as I can. I'm so attached to my girls, I just about feel like my heart has been ripped out.
It always makes me so happy every morning to open the pop dorr and say good morning as they tumble out--that was very difficult this morning!

There are so many zoning issues I could cite on my block, it's amazing they have the nerve to prohibit a few chickens. There is a church behind my house that keeps its garbage bin next to my fence (Every Tues. and Fri. I am awoken by the truck emptying it) and parks its bus so that the writing, "True Servant" is visible over my 6 ft. Fence. Also, their parking lot is too small, so every Sunday and every day that the have an event, there are cars parked all over the street--even in front of no parking signs and stop signs--and sometimes blocking our driveway! And not to mention the fact that I'm down the street from a major artery which is commercially zoned...
I'm a stone's throw from Trenton--obviously not the most exclusive neighborhood! But a few chickens in a well-kept, cute coop are bringing home prices down?

Unfortunately, this neighbor has no animals (I'd bet she thinks they are too "dirty") When I say she and her kids are "picky", it's kind of putting it lightly. But her son keeps about 5 unregistered vehicles parked here and there, on our street (he lives elsewhere--don't know why he can't house them there, but suspect his divorce/alimony has something to do with it) Every other day, he starts up his jalopy Corvette and lets it idle loudly for an hour, spewing carbon monoxide...

Sorry to ramble on...
I'm so sad and angry.
The Grinch has ruined my Christmas, for sure!

 

[jjthink]

I wish I could dive into this more right now but work is mayhem (work in Trenton, actually). Take this step by step keeping the faith that your feather-kids will be able to stay with you.

Some ordinances may prohibit some things your charming neighbor is doing in which case maybe you can have a stalemate. Maybe you can make a list of the many violations of ordinance within a certain radius of you and have it at the ready if needed (maybe in a quiet calm friendly meeting with hopefully reasonable officials you can advise that you have overlooked all of these more impactful violations that others are committing but if they are going to press the point about little harmless pets then you will feel the need to expose all of the other violations that are happening...)

Hamilton Township's ord language is unique, I'll give it that!: "Keeping of not more than two domestic animals over six months old for individual domestic purposes or for cultivation of the soil, except that this limitation shall not apply to an operating farm."

There may well be loopholes. Sounds like you can have 2 birds - maybe the others are just visiting

"Residential agriculture (R-15 zone only)" is permitted. I gather you are not in an R-15 zone?

My town's only animal ordinance is more than 30 years old and was so poorly drafted that while it prohibited poultry it also prohibited all fur bearing animals, so if anyone had wanted to push it, the chicken-guardians could have pressed the point that the ord also prohibits dogs and cats.

I totally hear you about birds being such great neighbors compared to relentlessly barking dogs and their inconsiderate people.

JJ

 

[Jillylam]

GS-
Sorry to hear of the trouble you're having. I have no experience with the issue (I'm in an area where chickens are welcome) but I really hope it works out for you. It's just sad that you have to deal with awful neighbors. Life is too short to be so unhappy. I'm lucky to have really nice neighbors. Even if I didn't, I wouldn't be asking for their consent. I like Mary's Egging and Chickenstock ideas. And JJ's idea of gathering together and listing the other laws around you being regulary broken is a great idea. I hope you get some help in figuring this out. I LOVE your coop! So cute. It looks nicer than a lot of homes. Good luck!
Jill

 

[GardenState38]

Thank you all so much for your kindness and support!!
Today I called the lawyer who is handling my deceased Mom's estate to see if he had any knowledge of zoning laws. Turns out he's the lawyer for zoning in my town, according to the receptionist!
He wasn't in but is supposed to return my call...
Maybe he can at least explain the town's position, tell me if I have a leg to stand on, or refer me to another lawyer who can help (obviously he can't represent me).
He's a reasonable guy, so I'm hopeful he will at least be able to steer me in the right direction, either in regards to a variance or just getting an extension on the abatement.
I don't think it's any skin off the town's back if I'm able to keep my chickens. They've been turning their back on my neighbohood for years--all of the sudden they're going to get nit-picky about a few chickens?
I pray I can, at the very least, keep my sweet banty, Clementina, and another.

A co-worker suggested that, in the event that I do have to get rid of my girls, I keep fake chickens in the coop and play a looped recording of roosters and chickens clucking. Not a bad idea, huh??

 

[mame1616]

Quote:
I love it! Between us all, we can come up with numerous ways to constantly - and legally - annoy your crabby neighbor.

I think the idea of making a list of the various violations of ALL the residents is a good idea - but not if the official is a jerk. They might just bust you for spite. But, definitely let the cops know that there are unregistered vehicles in your street - that's illegal pretty much anywhere.

Have the lawyer come by your property to see the coop and run. (Very nice, BTW) I am amazed at the misconception of the mess and smell by people who have never been around chickens. Change his mind about it, and make him an advocate.

In the meantime, do all you can, and don't borrow trouble. Keep us posted!

 

[mame1616]

Ok, those of us who live here will get this. Those who don't, well....(If the words are too small, save the image to your computer and enlarge it) I live in the Bankers and Businessmen section on the right.

 

[cbohn80]

hope it works out, i was unable to find if its legal to keep birds where i'm at. however my birds are quieter than my neighbors dogs on both sides and behind me there fence is a half inch into my property when its suppose to be 6 inches away, there house also comes too close to the property line. its good to know these things incase they want to starta war.

 

[cbohn80]

i was also wondering if anyone in nj has pilgrim geese, i really want to raise a few of them come spring. i'd be willing to pick up and pay for the eggs or trade chicken or fertile duck eggs

 

[GardenState38]

Quote:
Thank you!
I contacted a lawyer, and I can file for an interpretation of the ordinance (which, at the very least, will buy me some time.)--Do "Pet" chickens fall into the definition of "domestic animals"? Then, I can apply for a land use variance. First, I have to ask the Land Use Coordinator for more time, so that I can get these processes going. Hopefully, he'll be cooperative.
I need to stress that my girls are PETS, first and foremost (which they are) and that they are not a nuisance and are contained. Like cbohn, we have neighbors with very "vocal" dogs, who are much louder than my hens. In so many ways, chickens are less of an impact on the environment and noise level than large dogs, feral cats and even wild birds (we have always had very loud crows who roost in the tall trees and call to each other all day.)

I'm trying not to get my hopes up, in case this doesn't go my way, but at least there is a RAY of hope.
I'm just praying that I don't have to give up my girls before Christmas, because that would just be so miserable...

Wish me luck--need to try to catch the Land Use Coordinator tomorrow!