Notice of Violation today

knaup109

In the Brooder
9 Years
Aug 3, 2010
48
0
32
Got home from work and saw a notice of violation today. I am in Missouri City, Texas, here is the city ordinance- Sec. 10-247. - Keeping fowl or rabbits.

Fowl and rabbits shall be kept in a secure pen or enclosure that is at least 30 feet from any adjoining property line.

What should I do? I let 3 hens roam around the backyard all day. I have a spot which I could move their little coop to which is 30 feet away from property line but I have to lock them up all day. I hate to see that happen.
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silkieroo

Songster
9 Years
Apr 14, 2010
509
1
129
Durham NH
maybe just have a pen for show then let them out when your home and know no one going to show up and see them??
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It stinks people can't just mind there own beeswax!
 

knaup109

In the Brooder
9 Years
Aug 3, 2010
48
0
32
I talk to the neighbor on the sides of my house. They say the chickens were not making any noise. Once in while they will here the egg song. I think the guy in the behind us is complaining about the egg song.

I called the city animal control officer and told them that the chicken coop is 30 ft away from the neighbor yard. He stop by and take a look and stated I am in compliance with the city code. He was really cool about having chicken. He even make suggestion to raise my coop a little higher so raccoon cannot try to get in.
The only thing that now I have to lock the girls up during the morning and when I get home I can let them out.
I hate to lock the girls up. They enjoy roaming around the backyard. I guess we just have to make adjustment.
 

BitsyB

Chirping
9 Years
Aug 30, 2010
133
1
88
Northern Delaware
Sounds like because the animal control officer was cool about having chickens things will be OK. I don't get how people can complain about the egg song (which I admit can be loud) but a barking dog is a lot louder, and they will bark at night sometimes, which a chicken will not. Because they go to bed at sundown like good little girls. Stupid complaining neighbors. We got turned in the first time we had chickens, but then after the old man that complained died, (I swear I didn't kill him
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) we got more. This time so far so good...
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I hate to keep the girls locked up too. It's so much better for them to be roaming around, scratching and finding things to eat and taking dust baths. Maybe comply with the rules for a while, then sort of slide back into letting them out... They are going to do the egg song no matter whether they are locked up or not...
 

knaup109

In the Brooder
9 Years
Aug 3, 2010
48
0
32
I live in a subdivision that has HOA. I check the HOA rule regarding animal. The rule stated no livestock or poultry.
Now I am worry if the neighbor whose is complaining will go to the HOA next.
 

Sonoran Silkies

Flock Mistress
11 Years
Jan 4, 2009
20,149
444
421
Tempe, Arizona
They might; HOA CC&Rs are a contract between the lot owners and the association, so by purchasing the lot, you have contractually obligated yourself to follow the CC&Rs. The question I would ask is whether it is a CC&R restriction (which generally require overwhelming membership approval for changes) or a rule (which usually requires a majority of the board to make a change)?

Depending on the nature of your HOA, they may well choose to enforce their rules; if they do not enforce them, they can legally lose the right to enforce that rule. Unless the livestock/poultry ban has previously been ignored (probably more than a single time, unless it was rather notorious), you would almost certainly lose in a court of law, and would probably be assessed all court costs as well as their attorney costs.

Be proactive and work within the system; htat is your best bet for finding a compromise that works for all.
 

eastercreek

Chirping
8 Years
Feb 26, 2011
161
3
99
Benton, LA
Make sure the HOA is in effect active. Do you pay dues to the organization? Do they have a governing body? Some older neighborhoods have dropped the ball on the HOA without knowing it. Locally we have one that when the developer sold 51% of the homes, it got turned over to homeowners...they did not keep up with the rules(allowed some metal carports to be installed...allowed a pond to be built across lot lines, etc. When our friend purchased chickens she was concerned about the no livestock rule...but since the HOA had let other rules be broken, they proved no true organization. This neighborhood was outside the city limits, however...so no city ordinances were being broken. (I just noticed this week two homes in the city limits of our little town that do have chickens...running loose in the front yard while their kids wait on the bus!). So...look and see if other neighbors are out of compliance with other HOA covenants. If so, you can use that as an argument potentially. I am a Realtor and frequently deal with questions about HOAs and convenants. Hope this helps!
 

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