Newly Passed "No Rooster" and Related Ordinance

[Little Fuzzy]

I'm so sorry! I'm a Texan transplanted to California, wish I could go back there. I think you have too many non Texans moving there and bringing their city life with them. Typical city slickers move to a ruall area then want things to change to suit their needs. I'll pray for you.

 

[AllynTal]

...Here is the exact wording of the ordinances, taken from an online book of Code of Ordinances for my town:
"No person may keep more than eight hens, or two gander or two ducks on a lot in a residential district in the city. ... Roosters, ganders and drakes are prohibited."

This has so many holes in it, I don't know how any governing body let it pass. Are two ganders allowed or are they prohibited?

If I were in your situation and I had the means to do so, I'd be in touch with a lawyer to find out just what this new ordinance means to you and what you can do about it. If you can get grandfathered, you just won't be able to add new birds and you'll let your flock naturally dwindle down to the limits defined in the ordinance. Sometimes these things are passed as a knee-jerk action, but it doesn't stand up if/when challenged.

 

[BackyardDove]

I'm so sorry! I'm a Texan transplanted to California, wish I could go back there. I think you have too many non Texans moving there and bringing their city life with them. Typical city slickers move to a ruall area then want things to change to suit their needs. I'll pray for you.

We do, very much. Especially in Austin, it's practically filled with Californians! That's not to say it's all bad, progress can't be stopped and unfortunately small towns don't usually stay small forever. Our town also has a major highway cutting through it, so it was only a matter of time before this rural town became a city

This has so many holes in it, I don't know how any governing body let it pass. Are two ganders allowed or are they prohibited?

If I were in your situation and I had the means to do so, I'd be in touch with a lawyer to find out just what this new ordinance means to you and what you can do about it. If you can get grandfathered, you just won't be able to add new birds and you'll let your flock naturally dwindle down to the limits defined in the ordinance. Sometimes these things are passed as a knee-jerk action, but it doesn't stand up if/when challenged.

That's my town for ya. They likely passed the ordinance just to shut up the people who've been complaining about the wild roaming chickens and have no real intention to enforce it. In fact, I've heard nothing about the new ordinances from any of the discussion boards for the town. In fact, we even have a livestock/farm animal sale page where I've seen various roosters, pigs, ducks, geese, and so on for sale, but no mentioning of such animals being illegal here now. As for the lawyer thing, I don't have that kind of money. I'm probably just going to wait it out, since I'm only going to be here a couple/few more years anyways, and my neighbors are all use to them.

 

[AllynTal]

...That's my town for ya. They likely passed the ordinance just to shut up the people who've been complaining about the wild roaming chickens and have no real intention to enforce it. In fact, I've heard nothing about the new ordinances from any of the discussion boards for the town. In fact, we even have a livestock/farm animal sale page where I've seen various roosters, pigs, ducks, geese, and so on for sale, but no mentioning of such animals being illegal here now. As for the lawyer thing, I don't have that kind of money. I'm probably just going to wait it out, since I'm only going to be here a couple/few more years anyways, and my neighbors are all use to them.

I don't have money for lawyers either, so I get it. All things considered, staying off the radar and waiting and watching is your best course of action at this point.

 

[Oneofthempeople]

most states will have some kind of grand fathering law might not apply to animals but looking into your state and local laws to see if they are there. I can understand staying off the radar but might think about be proactive and talking to your local alderman (person) sit down and explain your problem and concern. And it is up to them to prove it is not a hen so as long as it is not going crowing looks mean nothing they would have to give you your day in court and they would have to show that it is a roo and they can not do that by looks, but one person saying they hear it crowing and you lost unless there are other around you that could be doing it. I would hope the city would be willing to work with you but understand not want to take the risk.

 

[Sonoran Silkies]

Tough break but city ordinances are very unlikely to have any kind of grandfather clause. If you believe in democracy you probably should have made your voice heard at the city council meeting when they were trying to adopt these measures. While I have no idea what the wording of the ordinance is these kinds of things are really designed to drive people like you away so I doubt you are going to find many sympathetic ears at City Hall. You could petition/collect signatures to have the law overturned to hire a lawyer and try to fight it in court but these are long shots

city zoning and ordinances most definitely have grandfathering provisions

 

[ChickenChaser9]

city zoning and ordinances most definitely have grandfathering provisions

I don't no where you're from but the city ordinences surely do not have anything protecting poultry owners down here.Quite the opposite in fact. Thanks for contributing.

 

[Sonoran Silkies]

In general, city and zoning ordinances have a section thaaat addresses non-complying uses. Non-complying uses is grandfathering...it may mean that if chickens were on the lot when the ordinance changed, that those specific birds may continue to be there, but cannot be replaced if for any reason they are no longer present. Or it may mean that the current owner may continue to keep chickens under whatever the previous restrictions or lack there was. Or it may meaan that chickens will continue to be allowed so long as there is not aa significant amount of time when there are none. Depends on how each municipality addresses non-conforming uses. And it is not constrained to chickens...it coveres ALL non-conforming uses...everything from accessory buildings to operating an in home.daycare or beauty salon