Officer (Leskin) Well I swear this is never ending post 306

[WalkingWolf]

"This district allows land uses commensurate to the intent of the District along with residential development."

I think the wording makes it clear that the township would like to keep the rural flavor of the township. And since they do not address pets or animal husbandry within a subdivision or incorporated town that they leave this area to those towns under home rule to decide for themselves.

What I see this section to state is that by RIGHT these uses are allowed for a agricultural district. But nowhere are they NOT permitted for a residential area. This is clearly a job for the town and they fell down on their responsibility to address it.

If the town in my take is not home rule they cannot even stop the mentioned sections in the writing, even if they make a ordinance, as long as the land is zoned agricultural. As I stated before if they are home rule it is up to them to regulate from within their own ordinances.

I am not an attorney but an old retired LEO who has dealt with these issues. And to be honest most intelligent LEOs avoid this kind of drama unless ordered by the court to get involved.

 

[texasgal]

In essence, he appears to be saying that the thing LISTED in the agriculture section are prohibited in the residential section..

would that include a greenhouse?
kennel? (I have one with only two pet dogs)
horticulture..

The way this thing is worded .. it's too broad to interpret.

If it's NOT allowed because it's NOT listed on the residential side .. then there is A LOT that is NOT allowed.. hmmmm

 

[WalkingWolf]

Texas I guess since growing pot is not allowed in the agriculture zoning then it would be allowed in the residential.

Never mind that is horticulture. LOL

 

[texasgal]

Right? Clearly horticulture .. if it's allowed in agriculture, it must NOT be allowed in residential .. or maybe so .. or not ..

I'm confused ..

 

[Sonoran Silkies]

Many zoning ordinances have a statement near the front of the ordinance that states that if a use if not specifically allowed, that it is disallowed. Not all zoning codes have this, but I've seen it often enough that it is worth checking. If it is not there it cannot be assumed. Some codes are thorough enough that they have a table with all zones and all permitted uses, and the table cells are marked to indicate that a use is allowed, allowed with a permit or specific conditions, or is disallowed.

The citation says animals are not allowed in the residential zone. Okay. Find a few dozen homes that have pets of one sort or another. Selective prosecution is generally held to be frowned upon, and sometimes even illegal.

For your argument that these are your pets, don't argue about the benefits of homegrown eggs or being green. That is too close to animal husbandry. If it comes up, mention it as a benefit, but not the purpose.

Argue instead the benefits of pets in general, and these specific pets in particular--their personalities, how your children interact with them, how they come when you call (or whatever behaviors of theirs best fits a pet). Have plenty of sources that document chickens kept as pets. You might want to accustom your birds to wearing chicken diapers and have them wear them to court (only two or three of your birds, and make them really pretty, personable ones).

Have plenty of information relating to health risks to humans from official sources such as your state agriculture department, articles on poultry health from University poultry science departments.

The idea is to have far more information than you are likely to need, just in case. Chances are that your trial will last less than a day, so you are unlikely to have an opportunity to present evidence that you do not have with you when you appear.

Also have photos of your coop, your yard and the neighbor's house (to show proximity). Know how far the coop is from your property lines.

 

[pips&peeps]

I didn't see anywhere where it mentions any type of animals allowed or disallowed.

It is so vague, this should be thrown out of court right away and you should sue for harassment.

It does mention they want to preserve and perpetuate agricultural related activities. Then the list goes on to say that hatcheries are allowed. ?

 

[19hhbelgian]

If you contact the correct division at penn state, they might be able to give you some advice too. when we lived at the old house, and the neighbors wanted to have a coop with 500 chickens, nobody thought this was a good idea and fought it. The people called P.S. and went to the newspapers, and also got the local farmers involved - of course they didn't tell them what was actually going on, just that the township didn't want to allow farming

Just another thought for you

 

[mrsgibber]

Your neighbor and this moron you are dealing with must somehow be related!!

 

[b.hromada]

Quote:
My thoughts exactly! He sounds like a moron! Must have nothing better to do maybe?

 

[mom'sfolly]

I can't see anywhere in those rules which say what animals are prohibited. I think you should go in with the copy of the city ordinances, and ask specifically where there is a prohibition. Also compare your chickens to other pets.

My position has always been: my chickens don't bark all night, rip open my neighbors' trash cans, poop on my neighbors lawns, bite other people's children, attack other pets or fertilize my flower beds. My neighbors' cats and dogs do these things. Which is a better neighborhood pet?