Please HELP!! I don't want to loose my girls! Phoenix, Az

[realsis]

My heart goes out to you and your family! I just don't know what our world is comming to! They make criminals out of chicken owners yet some states let people grow pot in their back yard for "medical" use. The drug growers are not criminals any more yet us chicken owners are. . the world is so mixed up.. I'm so very very sorry about your girls and know its heartbreaking! Why do our citys have such awful rules when chickens don't hurt anything at all. You would think we should have the right as human beings to have fresh eggs and keep our pet chickens. This makes me sooo upset. Our town had a meeting and said we can't have chickens because they will disturb our already worse in the nation air quality. can you believe that excuse? Its ignorance like that that really upsets me!! Perhsps you can hide your birds for a while then when its all over with bring them back? As long as no one complains it should be fine? But if neighbors behind you are complaining then its going to be very difficult to get around that. Perhsps talk to the neighbors maybe offer some eggs? The enforcement came because SOMEONE complained. If you can find out who and perhaps talk it out with them maybe this will work? Enforcement usually won't come on there own. It usually takes a complaint. If you can work it out with the complaining person maybe you can keep your birds on the sly? I'm so sorry for your situation and pray you get to keep your girls. God bless you and I so sorry your going through this. !!

 

[Sonoran Silkies]

If you put your girls inside, then unless they have a search warrant you can legally deny them entry. All that said, when you purchased a home in an HOA, you signed a legally binding contract agreeing to abide by the CC&R provisions. At this point you should consider running a grass-roots campaign to chance the CC&Rs to allow poultry, with the same provisions and restrictions as in city code. That way you can have as many as the city will allow; don;t list the number the city allows, list that the number the city allows is the number the HOA allows, that way if the city increases the numbers, you don;t have to go back and change the CC&Rs to be allowed to keep the new number.

You can sell it in that the city would be enforcing, costing HOA members less when there is an enforcement issue, and that you only have to lobby one place for easing restrictions.

 

[pipemum]

OP, are you violating both the HOA and city ordinances by having chickens? It sounds like you are, because if it were just an HOA issue, the city would not be involved. As far as I know, cities cannot and do not enforce HOA rules.

Sonoran Silkie has good advice, though it sounds like whatever town outside of Phoenix you're in doesn't allow for chickens either. In that case, I wonder if your best best is to see if your case goes to court? What did your mom find out when she went in to talk to the city?

 

[ChickenCanoe]

... At this point you should consider running a grass-roots campaign to chance the CC&Rs to allow poultry, with the same provisions and restrictions as in city code. ...

You can sell it in that the city would be enforcing, costing HOA members less when there is an enforcement issue, and that you only have to lobby one place for easing restrictions.

A grass roots campaign is the way to go and avoids court costs. Court usually sides with the enforcement entity.
Edited for spelling.

 

[pipemum]

Yes, that's true about courts siding with enforcement, which are enforcing the city ordinances. But how would a grass roots campaign avoid the court costs? Changing a city ordinance is a very long process, that is if she's violating city code, which the city must think she is or they wouldn't be involved.

 

[realsis]

Perhaps you can apply for a conditional use permit with the city? I'm not sure if your area has such a thing but it sure Wouldnt hurt to look into it? This way city gets their money and you get your birds. .as for the hoa. Can you ask to change their position on the matter if you get a permit? Its just a thought. ..

 

[Sonoran Silkies]

Yes, that's true about courts siding with enforcement, which are enforcing the city ordinances. But how would a grass roots campaign avoid the court costs? Changing a city ordinance is a very long process, that is if she's violating city code, which the city must think she is or they wouldn't be involved.

I mentioned a grass roots campaign to change the HOA CC&Rs, Not necessarily costly, but time consuming. Courts side with whatever the law says; sometimes code enforcers are overly aggressive, or there may be conflicting laws. Sometimes it is very clearcut. Phoenix ordinances allow chickens, but there may be zoning that disallows them in the OP's zone, or the size of the lot may not allow the required setbacks or, .....

 

[realsis]

Any new news on this situation? Please update. Hope all is well. Anything new?

 

[brooklynbirds18]

The inspector from the city is still coming on the 24th of this month, and we will be temporarily moving our girls for that time being. In the first page somebody left me a link to the backyard farmers united and I got Some help there but still no way to get around the law. While some areas in Phoenix say you can have chickens, where I live I must have at least half an acre to be able to own them. Anything less than that amount says not even 1 chicken is allowed. I think I have a quarter of an acre. Anyways I joined this Backyard farmers united and my confidence has certainly gone up for this whole situation. There is a meeting kinda far from where I live but my family and I want to attend and see how it is.

Sorry lol kinda just rambling here but things aren't completely over just yet, I think we'll wind up fighting for them.

Besides all that I posted anther thread here on this site because one of my girls has sort of a broken beak and I don't want to give her away and possibly put her in harms way

https://www.backyardchickens.com/t/832077/chicken-beak-is-detaching-broken

 

[ChickenCanoe]

Yes, that's true about courts siding with enforcement, which are enforcing the city ordinances. But how would a grass roots campaign avoid the court costs? Changing a city ordinance is a very long process, that is if she's violating city code, which the city must think she is or they wouldn't be involved.

In my case I was able to avoid court by packing city hall at each meeting with citizens, area chicken keepers and news media. The TV stations even descended on the Mayor's house. After hearing my story, the local police were all pulling for me.
The Mayor put my cell on his speed dial. The city also had some previous negative nationwide publicity when they banned co-habitation.
The negative publicity forced them to keep giving extensions to the "notice to comply". Then they put a hold on it altogether. Finally, a new ordinance was written that benefited all.
It's all about the approach. My situation may be unique but the newsrooms found it compelling enough to run in several versions on morning, evening and night newscasts.
I'm not sure if I'm famous or infamous now but I get recognized pretty often.
I also got a lawyer to look at it pro-bono. All I did when I answered the city letters was to carbon copy the lawyer.
I'm positive it was the multi-faceted attack that won the day.
Perhaps it was a situation of the stars all being in alignment.

Other than cashing in on a lot of favors and the gas to get to city hall it cost zero. But as the commercial goes - priceless!!!

We've since used many of the same tactics to help other area cities succeed.

If anybody wants, I can post a link to some of the news broadcasts.