oklahoma city zoning - busted for my chickens!

[haleyluna]

thanks for the comments, all.

to answer some of the questions, we're on a small lot, but we have a privacy fence completely around our backyard, save one 10' section we are putting up this week. the chix are currently in a temporary 17x6' run until we get the serious (framed out) run built. the run is completely enclosed, including the top of the entire area and 6" into the ground.

we have 16 banty hens (old english, japanese, mille fleur, cochin, and ameraucana). two are older and lay, but the others are only about 13 weeks old. they aren't very talkative or loud, and the sound of the neighbors' dogs barking nonstop on each adjacent lot is about 50x as loud as any noise our girls make. everyone goes in before sunset, and they don't make a peep all night.

most of our neighbors know, save the one next to me on the corner, but we don't really suspect anyone in particular. if it comes to it, we will take a petition to all of our neighbors. if one doesn't sign, then i guess we'll know! the electric and water (city) meters are in the back of the house, so that could also be the reason we've been outed.

i faxed everything (the code and my notice) to the lawyer this morning as he asked. for now, there is a lock on the run door and a lock on the privacy gate into my backyard. i'm sure they'll be more news later.

 

[haleyluna]

well, the city guy called me back (the inspector that put the notice on my door). he says the city considers chickens as livestock, along with horses, cows, and sheep. he said that i will probably receive a fine for having them, which will be $160-500, and they HAVE to go.

he did say that someone called to report them, but also said that he noticed one section of my fence was down, and you could see into my backyard, hinting that someone saw them that way and called, so it might not be a direct neighbor. if it was a direct neighbor, i guess we'll find out. the only two it could be have the worst dogs ever, constantly barking and snarling at the fence whenever we're outside and trying to dig into our yard (even before the chickens, so that's not why).

he was nice enough, but said that bantys are worse than normal chickens because they fly around all crazy and are hard to catch.

so it looks like i'll have to fight to change it. any advice? should i start collecting data and petitions or contact the city councilors first?

i also might have to get someone to babysit them outside of the city, in case this takes a while. i don't want them coming to take them to the pound or something equally as idiotic. anyone in oklahoma have a spare run/coop? haha!

 

[SpottedCrow]

I'd start the petition. Did you ask him what was up with the date?
The wrong date may nullify the thing.
Yes, bantys do fly more, but if they're enclosed there should be no prob.
After you collect the names for the petition, then I'd send it return receipt or signature to the town/city council.
That way you know that someone has actually gotten it.
Then I'd set up a meeting with the council.
good luck...also tell the zoning guy that you will need an extension.
Then I'd rat out the barking dogs because that's noise pollution.

 

[eggcetra_farms]

I'd chicken sit for you, but I'm all the way in San Antonio

Oh well, I'm sure there's plenty of chicken people up there who will watch them for you.

I know here in SA you can keep chickens in the middle of downtown if you wanted to, you just can't let them roam around, their coop has to be at least 25' (?) away from the nearest building and you are limited to 5. Where we live we're considered "county" so the rules are more lax. I have 7 right now (one's a boy I need to find a home for - quick!) and no one seems to mind them. Our homeowner's association says you can't keep chickens, but for one thing we rent and as for the HOA it's voluntary - they can't enforce anything!

Good luck to you. I tried to access your municipal code, but the link didn't work. I emailed OKC to see what they would tell me. I said that I lived in the city and was interested in keeping a few bantams. I'll let you know what they tell me.

 

[JackieK318]

Quote:
What are they?! Wild animals? I love it. Dogs can bark, make the biggest piles of mess and bite people. Chickens can peck, make little piles of mess and chirp. I have a dog, so I'm not anti-dog, I'm just saying this is craziness that chickens are not allowed even if you take care of them properly. It's not like their feathers or poop are getting on anyone else...

First: get a chicken sitter (I'm in STL, but I'm willing if we could get a chicken chain going)

Second: get a copy of the current laws/ordinance to take with you for your petition.

Third: get your walking shoes on and get signatures.

Fourth: get yourself on the agenda for the next city meeting and get some of your petition signers to attend.

 

[chickbea]

Phooey! Since there is a discrepancy with the date, that should buy you some more time as they will have to write out another order, I would imagine.
I would work on the semantics of your ordinance. When it refers to "animal raising activities", that makes it sound like it involves breeding, or raising for slaughter. If all you have is laying hens, then they are just pets!

 

[haleyluna]

i'm wondering if the people who called it in are the people who's dog is always trying to dig into my backyard. they're yelling constantly and putting bricks in the holes. we've even gone over to let them know that he's halfway through before. i don't want to suspect anyone, really, but i wonder if they think he only does that to get to the chickens.

ok, here is where they've got me:

2703.1. Animal Raising: Personal. Premises where agricultural animals are fed or kept for personal use and for agriculturally related projects by the owner or occupant of the premises. For this use unit, agricultural animals shall mean livestock and poultry, including but not limited to the following domesticated animals: cattle, horses, sheep, goats, asses, mules, swine, chickens, turkeys, ducks, geese, and guinea fowl. Domesticated chickens, turkeys, ducks, guinea fowl, and geese are the only birds included in this use unit. This use unit shall be subject to use regulations set forth in Section 59-6200.4.

Section 59-6200.4 is where it says you have to have at least an acre for "animal raising activities". i guess chickens are considered the same as horses or cattle as far as the city is concerned. looks like i'm going to have to fight to change it. i know a few of you have tried this and some have succeeded. i sure could use any knowledge/tips you've got!

thanks so much for all the helpful replies.

 

[blossom hen]

haleyluna, any way you can use the fact that you're a photographer and they are your models?

 

[usbr]

See if they contradict themselves anywhere in the codes (thats what your lawyer is doing). Its not unusual to find contradictions, expecially if you are the first to get tagged on this issue, and that will buy you some time. It sounds like they got you though, chickens are pretty universally considered livestock even if defigned like the part you posted.

Its not unusual either for people running the city to just take liberties they legally cant. They have a complex going and the normal people dont like to rock the boat. I own a house in town and I started getting tagged for long lawn and I wasnt doing anything different. When I investigated, turns out the parks guy is in charge of long lawns and he went from the coded 12 inches down to 8 inches (the code didnt change of course), all during a drought year. If you mow now, it browns over, at least if you dont mow it stays green. Well it turns out he is not leaving proper and legal noticse to abate the problem. I got zinged a few years ago and they mowed for me and put it on my taxes, I deserved it then but was out of town so just paid it. Now it wont work that way. It wouldnt bother me much if it was $50 or something, in fact I would just pay the city to mow for me but at the $265 I got charged I am going to put them in thier place. Shame too because they tagged about 250 people last time and I bet when I get in the paper for being on the right side of the law, they wont be able to collect any of the mowing fees. The point is, if they are pushing you around, make sure they are in the right. If they are in the right, try to change it, alot of citys are changing chicken codes so that is in your favor.

HTH

 

[silkiechicken]

I have a problem with authority. I hope to never have to live in a place where my lawn has to conform to some code or chickens are not allowed because some neighbors dog wants to eat them. Laws to keep your animals secure are great, and as long as you can do that, I say do what ever you want on your designated piece of land within reason. If I have neighbors that aren't country like, I'd so set up shop and put up a big fence with trees all around so I can have my own little world.

Maybe some day I can have a place bordered by a wildlife zone or agriculture because dealing with murderous animals can be solved with a secure coop or a rifle. Neighbors can't.

Good luck with your endeavor and I hope you can keep your birds!