- Oct 16, 2009
- 3
- 0
- 7
It all started back in 2000 when my sister bought me a batch of chickens for my birthday. They were all sexed as hens, but as time past I ended up with two roosters. One was a small Golden Laced Wyandotte and the other was a Road Island Red.
Well it wasn't long after my rooster started crowing that I got a knock on the door by an agent from the Sacramento Zoning Department. He said that there was a complaint that we had livestock on our property and were in violation of Code section 201-01,02 Illegal keeping of livestock, animals and/or fowl, and had to remove the animals or they would take them. Well I called the Zoning Department to see if there was anything else I could do and they informed me that according to Code Section 310-13,C that it was perfectly legal to own a chicken on my [Parents] property.
The zoning code stated that our property was an R-D5 Zone that permitted us to own animals, fowl and/or live stock of 75 lbs or less on our property that is at least 10,000 square feet. With my new tid-bit of information I then called the agent that showed up at our door and relayed what I just learned. He looked it up himself, said he would research it further, and get back to me if anything else popped up. Well to make a long story short, we were legal.
My family and I pretty much assumed which neighbor it was that must have complained, so I wrote a letter to our neighbors, informing them that we had chickens/rooster and were legal to have them and if they had any complaints to call us. They never did.
It didn't end there. In 2005 we had a deja-vou moment. Another agent from the Sacramento Zoning Department showed up at our door with a complaint from a neighbor. He said that we were illegally keeping of livestock and had to remove them. We then proceeded to inform them that they were wrong and according to Code Section 310-13,C we were legal to have them. They again looked it up, said 'never mind' and left.
But it didn't stop there. In 2006 KCRA Channel 3 News "Problem Solver" showed up at my parents door (by now I have moved out, but still own the chickens). They wanted an interview from my parents about the "neighbor dispute that has lasted for 6 years". My parents declined. I wish I was there when they came over as I would have loved to tell them that the neighbors have never once called us or approached us in person to complain about the rooster. Not once. Apparently, the neighbors feeling that the zoning department wasn't solving their issue they called Channel 3 to make things happen. So, Channel 3 investigated and turned up all the times that the ZD came to our door and issued violation notices and our contesting saying we were legal. Well all and all their final verdict was that we were 100% LEGAL and could not do anything about it. Channel 3 left patting themselves on the back 'solving another case'. However it wasn't the result my neighbors were hoping for.
In 2007 our neighbors called Channel 3 again to do a follow up. So Channel 3 called my parents and asked, Are you still keeping the chickens and Rooster?, my parents said yes and hung up.
Now the real problem. Its been 2 more years since we last heard anything from my neighbors until one day my dad noticed that our gate was open, and my rooster was gone. This gate is overgrown with ivy which makes it extremely difficult to open, thus they never use it. Not to mention that it is the gate closest to the neighbor who has been complaining about the rooster.
I can only assume that my neighbor finally taking action into his own hands came into my yard and took my rooster with then intent to harm. They do have a history of violence to our pets as they once broke our dogs jaw bone with a 2x4 to get it to stop barking (they complained about our dogs barking all the time before we got the rooster).
Is there anything I can do legally?
Well it wasn't long after my rooster started crowing that I got a knock on the door by an agent from the Sacramento Zoning Department. He said that there was a complaint that we had livestock on our property and were in violation of Code section 201-01,02 Illegal keeping of livestock, animals and/or fowl, and had to remove the animals or they would take them. Well I called the Zoning Department to see if there was anything else I could do and they informed me that according to Code Section 310-13,C that it was perfectly legal to own a chicken on my [Parents] property.
The zoning code stated that our property was an R-D5 Zone that permitted us to own animals, fowl and/or live stock of 75 lbs or less on our property that is at least 10,000 square feet. With my new tid-bit of information I then called the agent that showed up at our door and relayed what I just learned. He looked it up himself, said he would research it further, and get back to me if anything else popped up. Well to make a long story short, we were legal.
My family and I pretty much assumed which neighbor it was that must have complained, so I wrote a letter to our neighbors, informing them that we had chickens/rooster and were legal to have them and if they had any complaints to call us. They never did.
It didn't end there. In 2005 we had a deja-vou moment. Another agent from the Sacramento Zoning Department showed up at our door with a complaint from a neighbor. He said that we were illegally keeping of livestock and had to remove them. We then proceeded to inform them that they were wrong and according to Code Section 310-13,C we were legal to have them. They again looked it up, said 'never mind' and left.
But it didn't stop there. In 2006 KCRA Channel 3 News "Problem Solver" showed up at my parents door (by now I have moved out, but still own the chickens). They wanted an interview from my parents about the "neighbor dispute that has lasted for 6 years". My parents declined. I wish I was there when they came over as I would have loved to tell them that the neighbors have never once called us or approached us in person to complain about the rooster. Not once. Apparently, the neighbors feeling that the zoning department wasn't solving their issue they called Channel 3 to make things happen. So, Channel 3 investigated and turned up all the times that the ZD came to our door and issued violation notices and our contesting saying we were legal. Well all and all their final verdict was that we were 100% LEGAL and could not do anything about it. Channel 3 left patting themselves on the back 'solving another case'. However it wasn't the result my neighbors were hoping for.
In 2007 our neighbors called Channel 3 again to do a follow up. So Channel 3 called my parents and asked, Are you still keeping the chickens and Rooster?, my parents said yes and hung up.
Now the real problem. Its been 2 more years since we last heard anything from my neighbors until one day my dad noticed that our gate was open, and my rooster was gone. This gate is overgrown with ivy which makes it extremely difficult to open, thus they never use it. Not to mention that it is the gate closest to the neighbor who has been complaining about the rooster.
I can only assume that my neighbor finally taking action into his own hands came into my yard and took my rooster with then intent to harm. They do have a history of violence to our pets as they once broke our dogs jaw bone with a 2x4 to get it to stop barking (they complained about our dogs barking all the time before we got the rooster).
Is there anything I can do legally?