Ok, so my property is zoned agriculture, I have been looking into getting my DBA and I'm going to the county to do that today (I should not have been putting it off!)
Chapter 86: NOISE CONTROL
http://ecode360.com/11047988
It says there is an exemption for Agriculture noise. Do I have something to stand on with this?
I would try to fight it. But also does agicultural have different types? like one set for live stock the other for growing plants? Not sure how the zoneing around you works.
Reading through this at section 86-4 paragraph C. you get "
C. Sounds created by agricultural activities" which i would say you should be fine. Now how often does he crow and do you have a way of reading the noise lvl in and out side your house when he does.
Now it also looks like they could have an escape goat with 86-2
"UNNECESSARY NOISE
Any excessive or unusually loud sound or any sound which either annoys, disturbs, injures or endangers the comfort, repose, health, peace or safety of a reasonable person of normal sensibilities, or which causes injury to animal life or damage to property or business. Standards to be considered in determining whether unnecessary noise exists in a given situation include but are not limited to the following:
A. The intensity of the noise.
B. Whether the nature of the noise is usual or unusual.
C. Whether the origin of the noise is natural or unnatural.
D. The intensity of the background noise.
E. The proximity of the noise to sleeping facilities.
F. The nature and the zoning district of the area within which the noise emanates.
G. The time of the day or night the noise occurs.
H. The duration of the noise.
I. Whether the sound source is temporary.
J. Whether the noise is continuous or intermittent.
K. Whether alternate methods are available to achieve the objectives of the sound producing activity."
For A. they don't list what is accepted of the intensity of the noise ie what the decibel
needs to be to be intense
For B/C. you could say it's a natural/usual noise they could say chickens are not naturaly there so not a natural/usual noise.
For D. Is there a lot of road noise or anything in back ground where your rooster isn't that much louder at all?
For E. how close is coop to the neighbors house.
For F. I think you win this with the zoneing your in.
For G. they win for being a night time noise. If he truly goes off all hours of night wich i doubt seeing should be roosting
For H-J all depends on what your rooster does at night.
For K. they're alternate method is for you to get rid of him.
Now if you don't get to keep him and you are ****** and want to piss them off even more there is a clause in there that you can use to make other noise at night
86-4
B. Sounds created by snow blowers, chain saws and other domestic tools and equipment when used to clear driveways, streets or walkways
during and after snowfalls, rainstorms, icestorms, windstorms or other similar emergencies.
That don't list times you can do it, and from what how it reads you can snowblow all night long during that snowstorm. Or plow with your rotating plow lights and back up beeper on.
