ordinance question, very important! update, we might be in the paper!

[agnes_day]

is it true that people cannot appeal ordinances?
my neighbor, who has always been a rude jerk to me finally called the city on me..and told them i had pigs, goats, and chickens. i have 2 silkies and my goats..no pigs!
i was told that my goats were fine when i called months ago and now they are saying that they cant be here. i asked about appealing this and they said that citizens are never allowed to do that. what can i do?? i dont want to get rid of my goats and i dont know anyone who can just keep them for a while until this dies down.

 

[b.hromada]

You can try, there is no harm in trying. I've got my chickens illegally here. I won't get rid of them. I've gone to our Commissioners meetings before. They were nice enough, but I think it would take a long time, to even get a variance to the code. You know, they say, you can't fight city hall? The thing is here, they told you, you could HAVE them? So what gives, all of a sudden, they change their minds. Thats just not right, in my opinion. You need to remind them, that you put in a call, and they stated it was okay for you to have them. See what they say about that.

 

[Sonoran Silkies]

Every state has its own laws, likewise every city. In most places there is some form of variance for a disallowed use or an exception to the rule. However, just because many places have this does not mean that every place does.

First, if you called and were told, try to remember when you called and who you spoke with. If you emailed or snail mailed, do you still have the correspondance? (This is a good reason to have a documented trail of information rather than the simple phone call. Of couse, if you feel that the only way you will get information is a phone call, you can always send a confirmation message back referencing the date and time of the call and what was discussed/decided. Best to do this within a very few days.)

Find your city code and zoning ordinances and look up what uses are allowed on your property, what the code says about animals in general, pets in particular and poultry & livestock.

Also look up information about filing for use permits or variances, and try to find out how city ordinances are created and changed. You may need to lobby your city council members, and/or you may need to start a petition of other citizens. You may be able to draft a referendum to be voted on by other citizens.

 

[cassie]

The most important thing for you to do is to get a copy of the code/laws/ordinances in your hot little hand and read it. What an official says the law is, is not necessarily what the law is. As to the official that says ordinances cannot be appealed, methinks he is out to lunch. There is almost always an appeal process in place. If the Powers That Be drag their feet and try to stonewall you in your quest to get a copy of the regulations, it is a pretty good indication that they are on shakey ground.

 

[agnes_day]

i read the ordinances...

here is what i read


“Large animal” shall mean and include horses, mules, ponies, cattle, sheep,
ostriches, lamas, goats, and any other animal over 25 pounds except dogs
and/or cats

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“Domestic animal” shall mean dogs and cats, as well as horses, donkeys,
mules, burros, cattle, sheep, goats, rabbits and fowl.
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Livestock shall not be construed to include any pet animals such as
dogs, cats, birds or such other fur-bearing animals
----------------

my goats arent over 25 pounds...so i dont see how they can be classified as large animals and they arent livestock either since they are pets! i am just wondering if they are going to come out and take them from me, or what?

 

[Sonoran Silkies]

They cannot legally take them from you without a court order. However, I would suggest that you place "No Trespassing" signs on all gates. They may fine you, and you will have the right to a hearing about the fine and to appeal it.

Okay, you have the definitions, but you need to look at the uses that are allowed on your property--find out what your specific zoning is and look for allowed uses. Also check at the beginning of the zoning districts to see it uses that are not mentioned are specifically disallowed (this is common).

You also need to look at city code as compared with zoning code. City Code may limit the numbers of pets or require permits for certain types of animals, etc.

With silkies, you can certainly argue that they fall in the "bird" and "other fur-bearing animal" categories. Likewise, you say your goats are less than 25lb--will they remain under 25lb when grown?

 

[LynneP]

I think it would be prudent to contact your municipal councillor to discuss the situation, particularly the part where you called originally. If you can remember when you called or who you consulted, that's good too. I would also imply that given bad advice and having spent time and money on animals and facilities that the city shares blame in the decision-making and that you could be consulting a lawyer about restitution.

 

[toletiquesbysam]

Does it have any provision in there about 4-H animals? I remember someone saying they got by because they joined 4H and claimed that they kept the animals for 4H........Just a thought!

 

[agnes_day]

well, i emailed the mayor and the editor of our local paper, and the paper wants to come out and take pictures of me, my kids, and the goats!!!
what should i say/not say?!

 

[agnes_day]

actually...could this make it worse for us? i was thinking about it and it seems like it might draw too much attention.