Ordinance Violation

[Unidentified]

Hello,

Alright, so I live in Waterford, Mi., in a suburban area, on a lot that is about 1/2 acre. It is zoned Residential, and there are plenty of other residential homes nearby and inside of a 1/8 mile radius.

I have 4 hens and a brand new coop that I painted to match the house in the backyard, tucked mostly out of view behind the deck . It's very presentable, and my chickens are not a nuisance to anyone. It's been out there approximately one week. The neighbors on either side of me bring their grandkids over to see and play with the chickens.

Nevertheless, another neighbor, one who does not like me, reported me to the township just to be a jerk, and today I received a Violation Notice stating that I must get rid of my pets.

I have read lots of threads about the Right to Farm Act and GAAMP, but from what I understand from it all, there is not really anything I can do to fight this. It seems that what legal standing I might have once had was repealed or altered in 2014, and now folks like me are just out of luck.

I phoned an attorney who specializes in RTFA issues, and he said that although he did not work in my county, it might cost $10k to $20k in legal fees to take this to court, and I would probably lose.

What I would like to ask this community, is if there is any practical way to challenge this with the township and keep the chickens? There has been a lot of internet talk of fighting these ordinances, but I haven't found much evidence that people are actually doing it, much less doing it successfully.

So, is there a practical way to go about keeping the chickens, or should I just put the coop on Craigslist and move on?

Unidentified

 

[Rocky Rhodes]

I think that for now it's a no win situation for you, unfortunately. This is why everyone has to take interest in what their elected officials are up to. You should try to start a local movement to change the ordinance, maybe you could have some success that way. Good luck.

 

[IamRainey]

Have you considered gathering signatures from the neighbors who are amenable to the chickens and petitioning your city counsel to permit chickens?

I live in Los Angeles. It's about as urban as you can get and I am permitted to have chickens as are many other urban and suburban dwellers around the country in much less space than a 1/2 acre. So do some research, make your best case and don't get rid of the coop until you've given it your best shot.

Chances are it will take time and you'll have to give up the chickens in the meantime but you might find them open to the idea since raising chickens is now a movement around the country.

Wishing you good luck!

 

[Unidentified]

Thank you for the advice.

I believe that asking the township to grant me special permission is a no-go. The reason I say that is because of a separate issue. Quick story: In that situation, I had a special federal license. When I moved to Waterford, the township would not allow me to use my home address as a business address because it is zoned Residential, even though no actual business was done on the premises except paperwork. No deliveries, no customers, no work vehicles, no equipment, just a home office. The township understood that I wanted to use the address for my license because it was the only address I had. They told me no exceptions, and if I did not like it, my next step was to retain the services of an attorney and file suit against them. It was all very amicable, but the message was crystal clear.

For that reason, among others, such as the time and effort involved in a grass roots movement that would likely get me nowhere (in my opinion), I need to have a rock solid legal standing or I might as well give up now. Being reasonable won't get me anywhere with the township, as they are unreasonable. Plus there is still the nasty neighbor who just wants to control people and be mean.

I think they gave me 10 days to get rid of the chickens. Maybe I will keep the coop for now, but I don't think anything around here will change. Actually, I was thinking of storing my tractor in the coop, but I am not sure I am even allowed to have that structure here on the property.

If anyone has details of having a homeschooled child qualify us for and Educational Exemption, I'd like to know.

 

[AngryMidget271]

Hello,

Alright, so I live in Waterford, Mi., in a suburban area, on a lot that is about 1/2 acre. It is zoned Residential, and there are plenty of other residential homes nearby and inside of a 1/8 mile radius.

I have 4 hens and a brand new coop that I painted to match the house in the backyard, tucked mostly out of view behind the deck . It's very presentable, and my chickens are not a nuisance to anyone. It's been out there approximately one week. The neighbors on either side of me bring their grandkids over to see and play with the chickens.

Nevertheless, another neighbor, one who does not like me, reported me to the township just to be a jerk, and today I received a Violation Notice stating that I must get rid of my pets.

I have read lots of threads about the Right to Farm Act and GAAMP, but from what I understand from it all, there is not really anything I can do to fight this. It seems that what legal standing I might have once had was repealed or altered in 2014, and now folks like me are just out of luck.

I phoned an attorney who specializes in RTFA issues, and he said that although he did not work in my county, it might cost $10k to $20k in legal fees to take this to court, and I would probably lose.

What I would like to ask this community, is if there is any practical way to challenge this with the township and keep the chickens? There has been a lot of internet talk of fighting these ordinances, but I haven't found much evidence that people are actually doing it, much less doing it successfully.

So, is there a practical way to go about keeping the chickens, or should I just put the coop on Craigslist and move on?

Unidentified

Wellllll you got caught. Here’s how it works...draft a letter about how you’re a responsible owner and have your neighbors in mind. You’re a responsible bird steward, clean the coop weekly, no roosters, no noise, no smell, bird flu is bullshit yada yada...Then do this (it works), email that letter at least twice a day everyday to your govt officials or political heads. Call them non stop. Just back up your argument with facts and offer compromises, like registration (they get money), no roosters, no roaming birds, proper waste disposal, no smell. The squeaky wheel gets grease. I work for the govt, I know these things. Get petition signatures...your city council doesn’t want to upset their voters

 

[The Moonshiner]

The squeaky wheel gets grease. I work for the govt, I know these things.

Sometimes the squeaky wheel just gets replaced with one that don't squeak.

 

[AngryMidget271]

Sometimes the squeaky wheel just gets replaced with one that don't squeak.

That would be great in theory hahahahaha

 

[aart]

I have read lots of threads about the Right to Farm Act and GAAMP, but from what I understand from it all, there is not really anything I can do to fight this. It seems that what legal standing I might have once had was repealed or altered in 2014, and now folks like me are just out of luck.

There's sticky wicket for sure. There was lots of back and forth, I didn't follow it too closely, didn't really understand it.
There was a thread here back then with a few folks who really knew what was what,
but think the leader of that movement has passed away.
Might ask on the Michigan chat thread, someone lurking there might know the latest scoop.

 

[kdk1101]

This is why I refuse to live in an incorporated town/city and why we sold our nice 3 story home in a HOA neighborhood to move into a double wide on an acre.

 

[gohappy]

I was hoping that when I read the Ordinance for your area I was going to find out better news or a loop hole for you.
Since you are on less than 5 acres you would need a special approval.

https://waterfordmi.gov/274/Code-of-Ordinances (Refer to the "Blacks Law Dictionary" to get what it is saying.

"Chapter 3: Animals
Secs.3-005.
No person shall possess or keep small livestock on a zoning lot or parcel less than
five (5) contiguous acres in size without a special approval use and complying with
all special approval use conditions on allowed number, maintenance, location, and
containment area requirements."

Sec. 3-004. Excessive number of household pets; Civil Infraction:
On another note I read that folks can only have 3 of the same kind of "house hold pets" in one single dwelling. So maybe have a chicken room with 3 chickens. Teach them to walk on a leash, fetch, ect. The room would have to be cleaned everyday though