NY chicken lover!!!!

[JLaw]

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?

also check out
http://ecode360.com/14940239

44-23 "
DOMESTIC ANIMALS
Pets and farm animals, including but not limited to dogs, rabbits, sheep, horses, cattle, goats, swine, fowl, ducks, geese, turkeys and chicken."

no where does it mention noises from any animals it talks about pens running wild dirty living area's ect but not noise control.

 

[boskelli1571]

I'm with Lynzi - agricultural noise would be a rooster! If you are going to fight it (I think you should), try and keep some sort of record as to whether or not roo crows at night. Have fellow chicken peeps go with you to any hearing. Neighbors who don't mind your birds could possibly write depositions for you or better yet go with you, especially if they are close neighbors. Government needs to know they can't beat people down! Get your dba asap..Sue

 

[Lynzi777]

I'm with Lynzi - agricultural noise would be a rooster! If you are going to fight it (I think you should), try and keep some sort of record as to whether or not roo crows at night. Have fellow chicken peeps go with you to any hearing. Neighbors who don't mind your birds could possibly write depositions for you or better yet go with you, especially if they are close neighbors. Government needs to know they can't beat people down! Get your dba asap..Sue

Oooh Yea, I didn't even think of that. How many neighbors do you have close by Breella? Could you go door to door maybe and ask each of them if your rooster is bothering them? Maybe you could have them sign something? Not so much a petition, but just a statement saying that your roosters do not bother them and it does not affect them if you keep one on your property. Then whoever doesn't want to sign it is obviously one of the ones who called but doesn't have the guts to say anything to your face. And if you have enough neighbors sign it then it could be something that ends up being really easy and you get to keep the roo!

 

[Glasshen]

Breella, I think that it might be a mistake to go around asking people. I think perhaps it might be a good first step to talk to the officers that came to your house and say you have been considering the situation, and did they know that your property is zoned agricultural? And that you had looked at the conditions and chickens, fowl, and many other animals are permitted. I would bet that they did not know your zoning, and people are just trying to make it all suburban, while in reality you are agricultural.

I definitely wouldn't ask for people's opinions. I know Earl sometimes crows at 3:30, and my own husband has things to say about that.

 

[rancher hicks]

I'm with Lynzi - agricultural noise would be a rooster! If you are going to fight it (I think you should), try and keep some sort of record as to whether or not roo crows at night. Have fellow chicken peeps go with you to any hearing. Neighbors who don't mind your birds could possibly write depositions for you or better yet go with you, especially if they are close neighbors. Government needs to know they can't beat people down! Get your dba asap..Sue

A few things I suggest.

One don't look at it as a fight or give them attitude. Even though you are right.

Get a copy of City Chicks by Patricia Forman. She has a lot of very good ammo, such as the decibels of a roosters crow and that of many other things such as a dogs bark. Things about attracting bad elements, like rats and the like.

Go to the town hall and ask for records of any previous complains. Such as barking dogs, loud music etc. etc. Anything that might apply.

Print out and carry any paper work regarding ordinance and zoning. High light anything of relevance. They don' t or won't have time to read the whole thing.

Ask for any paper work they think you may need to file.

And by all means don't mention me, please. I'm very busy.

I wish you well,

Rancher

Ask for a hearing on the matter.

 

[Sally8]

Hi, I'm sorry this is happening to you. My opinion would be to fight it also. I don't know the ins and outs of the law but I would be afraid that if they can push you around, even though you are legally zoned agriculture, then for the next person, they'll dig a little deeper. But, I'm not the one with the battle. You do what you are up to doing. A woman that works at our pharmacy just had to get rid of her 5 hens because someone rented the house next door and doesn't like them. She's fighting them.

I went to the larger city next to ours to see what could be done about the neighbors up the road playing music so loud my knick knacks were vibrating off the shelves. (At 3 am) We have no noise laws in my little podunk town. I was told to call the State Police. Of course, I wasn't going to. Thankfully, she moved without me saying or doing anything. I feel that I live in the country to get away from nonsense and wasn't going to cause it for them either.

Good luck and keep us informed on what you decide. I wish I lived closer to help. sue

 

[Breella]

I went to the county clerk and filed my DBA and listed my business as Agriculture and the house address as my business address. I have written Nutty a message because she had offered previously to take Duane. I am willing to rehome him if I can, but I WILL NOT kill a perfectly healthy animal (that I do not intend to eat) just because of someone's idea of "suburbia". These neighbors wouldn't even have houses, let alone backyards if it wasn't for my fiancee's grandfather, who bought all of this land many years ago. This area used to be the Third Rail for CSX.

I'm angry and frustrated. What a way to ruin a perfectly good day off.

Edited to add:

I also wrote an e-mail to the officer who came to the house, I told him that I was looking into the possibility of rehoming Duane and went on to point out the town laws on agriculture noise. I also asked who made the complaints so that I could talk to them and maybe try to find some middle ground with them.

 

[marquisella]

Quote:
Yes I would say. It exempts agriculture noise...and you are zoned agriculture. But, is there a minimum of land that one has to own to be zoned agriculture? Sometimes that is a pain. Here in Vernon a few years ago, they wanted to put a limit of no less than 7 acres to be zoned agriculture. Well, a ton of people showed up to complain, and a lot of 4H people that were concerned they couldn't have their kids bunnies inn their garage. The town wisely decided to leave things as they were...

I would contest what he said , and it smells fishy if they are telling you you have to do something by tonight....since when don't people have the option to fight anything in their town. I think you are right, its probably his boss and he is trying to bully you.

Tell them you want an "official" notice from the town, not just some policeman talking...and you want to see the town rules & regulations that specifically forbid chickens. I don't think there is one, they' re trying to railroad you before you have a chance to take a breath & find out what your rights are. This is America after all, or used to be.
Good luck.

 

[ke5hde]

Breella, that sucks. I assume you're not in the village since you say you're zoned for ag. Your neighbors or whoever complained need to get a life. Fayetteville/Manlius has always been uppity and want ppl around them to do as they say. It sounds to me like they don't have a leg to stand on. Good luck with this.

 

[County Boy]

I'm going to make some apple butter and apple filling and can them so I have them all winter. MMMMmm the frizzles sound temping.

Here they are miquwid,

Lynzi, your more than welcome to 1.

Just wondering, do you have lots of bantam cochins to? I have more than I want to count right now. I'm kind of scared to.