Ordinance Violation

[The Moonshiner]

That would be great in theory hahahahaha

It's not just in theory its the real world.
I can understand though since you work in government that you may be a bit out of touch how the real world works.

 

[aligarysmom]

I don’t know what they would do if you just moved them some where for awhile and bring them back when the heat goes away? Not sure if that would work though

 

[gohappy]

What has happened? Check out the decibels levels of common sounds and other birds. It makes for a great case http://www.chickenrunrescue.org/Rooster-Behavior

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.

 

[Sugarz]

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

I live in Waterford MI as well. I would love to have a few chickens in my backyard. If you are interested in petitioning the township I would be interested in helping with that. As it would be a win win for both. I know a lot of people who would support these efforts too.

 

[U_Stormcrow]

You find yourself in the position of telling the judge the speed limit should be raised on the road, after you've been ticketed for excessive speed. The RTFA Acts around the country were largely written to protect COMMERCIAL operations, not backyard pets and personal use egg providers - to continue with the speeding analogy, the RTFAs are for the local ambulance, fire dept and law enforcement in the pursuit of their duties.

For all that it was free, the lawyer gave good advice. High likelihood of failure, expense likely greatly exceeds value. In this case, the municipality's "No Exceptions" policy will actually aid their efforts in litigation - you don't have a "selective enforcement" angle or a wide-area "tolerated, even if not permitted" claim to make.

Choices are give up the chickens and pursue an Ordinance change - which won't be quick, and will likely fail, but is at least less expensive - or move to an area where chicken keeping in a fashion you can live with is permitted.