RIGHTS TO HAVE CHICKENS

[ChemicalchiCkns]

I'm an Aussie, so I have little or no idea about your state laws, but surely if in America you have the right to "bare arms" you are completely with in your rights to produce fresh eggs. Or at least have the chickens to do so. Perhaps that neighbor would respond nicely to some free eggs.

The bearing of Arms is in the federal Constitution, and many state Constitutions; they say no Thing about chiCkens. I do agree, that some Eggs, are an advizable peace Offering.

 

[chickortreat]

The Constitution did not "grant" rights, rather it named/defined them. It did not mention the right to breathe, sleep, or a myriad of other daily things we do. The ownership of chickens is so basic I'd think it went without mention. No mention is made of owning a home either, but it's accepted that it's fairly normal for folks to own one.

 

[chickortreat]

An example I give my kids is this: Suppose you have a bully (we'll call him Bubba) that lives down the road from you. He's big, he's bad and he's mean. He takes it on himself to "sell" you permits to do things. He doesn't like dogs, so he charges you $100/year to let you keep your dog. He doesn't like chickens; hence a $100/year chicken permit. Want to build a new shed? Bubba requires $100 to allow it. Gardening? $100 check to Bubba. And on and on the examples could go. No one would stand for it. In fact, the law would shut him down, under extortion or some other charges. If it even got that far. A few men in the area would likely tar-and-feather Big Bubba and run him out of town. But what do you do when "Big Bubba" is the little prune-faced ladies at city hall? The preppy little mayor? The punks on the city council who need a butt-kicking worse than they need their next meal?

It's all relevant. Just pay Bubba what he demands......or the city, county, or whoever. I personally think the folks that hold these offices should be required to wear masks. Frank and Jessie did. Robbery is robbery, ain't it?

 

[olefarmersdaughter]

 

[gg706]

I agree it should be an unspoken right. The right to produce food is a basic human need. I personally would NOT offer eggs to an enemy....They could sight that they got sick from YOUR eggs and that could cause a new host of problems. I would educate myself to the fullest and fight her under the law. I would keep my chickens locked up for a day and invite animal control out to see for themselves that the birds are wild and DO NOT belong to you as all of your birds will be penned. I would point the animal control officers to the neighbors house who is letting their chickens run free. I would also consider finding someone possibly some teenagers who want target practice, with parent permission of course, who would like to come out and hunt them for fun and rid yourself of the "wild chickens".Take pictures of the birds running wild and each of the birds dead once dispatched. Take pictures of your birds individually and while roosting at night. Start arming yourself NOW with ammunition to fight your case! If you do not have pictures of the wild birds and they disappear from predators you have nothing to defend yourself! Point out the differences of his birds and yours. If you have egg laying breeds and he has game chickens the differences should be apparent. It is no difference than a dog being dumped off at your house and then you getting ticketed for it killing someone's livestock! Doesn't make ANY sense!

 

[cowcreekgeek]

I've come to this thread, due to a post w/in another by wingless, in which I'd sorta boiled down the Michigan Right to Farm Act. A few points here from a simple plowboy, that isn't an attorney, and ask that you not misconstrue my expressions of thought to be legal advice ... and, some of this you might not wanna hear.

1. Procrastination is among my own shortcomings, and it's apparently a problem for you as well: Thirteen days from now, you're going before a Judge over two years of tickets? The time to begin offering any defense was after politely accepting the very first citation, instead of after ... how many *did* you get, anyhow?
2. Any defense offered is most likely dependent upon where you live, unless the specific Code you have allegedly violated is unconstitutional, so you're gonna have to be relatively specific as to each jurisdiction your home is governed by (that'd be state, county, city, etc. all the way down to any rules or restrictions w/in the development you might be w/in), and whether or not your home could be considered a commercial farming operation.
3. I'm wonderin' if you've ever heard the saying, "Good fences make good neighbors," and if the chickens that you actually own are contained. They're gonna wanna know that, too. But, if the neighbor that's givin' y'all so much trouble is directly bordering your land (w/o any road or right of way between) then you can possibly (again, depending on where you live) compel them to pick up some of the costs (but, I probably wouldn't, anyhow).
4. If any of those tickets alledge that chickens w/in your custody/control have entered the property owned/leased by another ... an important note here: If they ain't your chickens, then why'd you not complain to have 'em removed from your property as well? That's a question the Judge is gonna want answered, and don't be overly offended if they don't buy it. Not suggesting that you're not tellin' the truth, but that there are two different measures under civil (more likely than not, or more than half responsible) and criminal law (beyond a reasonable doubt), and w/o a record of your efforts to get rid of the abandoned flock? It's gonna be tough, either way.
   
   Unless ... did you order your chickens, and have receipts and/or other records that might help establish exactly what *is* your own property?
   Or ... did anybody ever issue a summons/citations/claim/etc. to the neighbor that abandoned his flock?
   

1. If, indeed, you are w/in your legal rights? Then, nobody can expect you to control the crowing of a rooster, any more than the mooing of a cow. It's ridiculous, and flies in the face of legal precedent. But, again? Remember that you've gotta be LEGALLY right, rather than MORALLY right (although, I'd prefer folks be both ~'-)

So, there's five quick things for you to kick around, 'til I know further details regarding the facts in your cause. Again? I ain't tryin' to ruffle your feathers here (but if you can't read this w/o gettin' too upset, then you're really not gonna do very well in Court ~'-)

 

[Haunted55]

My take on some people to move to the country: They dream of acres of manicured, landscaped lawn. Fresh air. Build a $500,000 house. Dream of watching deer in the distance playing in a field. Turkeys gobbling in the morning, coyotes howling at night. When the reality is deer eating all your hostas, turkeys scratching at all your flower beds. Coyotes coming after your Shih tzo. The smell of manure when the wind blows. The neighbors chickens pooping on your driveway. Roosters crowing. Large equipment running up and down the road through out the night during harvest season. AND then they call the law wanting ordinances changed to protect THEIR way of life. Who's encroaching on who here?

Oh this is so funny and sadly so true!

 

[makemineirish]

I've come to this thread, due to a post w/in another by wingless, in which I'd sorta boiled down the Michigan Right to Farm Act. A few points here from a simple plowboy, that isn't an attorney, and ask that you not misconstrue my expressions of thought to be legal advice ... and, some of this you might not wanna hear.

1. Procrastination is among my own shortcomings, and it's apparently a problem for you as well: Thirteen days from now, you're going before a Judge over two years of tickets? The time to begin offering any defense was after politely accepting the very first citation, instead of after ... how many *did* you get, anyhow?
2. Any defense offered is most likely dependent upon where you live, unless the specific Code you have allegedly violated is unconstitutional, so you're gonna have to be relatively specific as to each jurisdiction your home is governed by (that'd be state, county, city, etc. all the way down to any rules or restrictions w/in the development you might be w/in), and whether or not your home could be considered a commercial farming operation.
3. I'm wonderin' if you've ever heard the saying, "Good fences make good neighbors," and if the chickens that you actually own are contained. They're gonna wanna know that, too. But, if the neighbor that's givin' y'all so much trouble is directly bordering your land (w/o any road or right of way between) then you can possibly (again, depending on where you live) compel them to pick up some of the costs (but, I probably wouldn't, anyhow).
4. If any of those tickets alledge that chickens w/in your custody/control have entered the property owned/leased by another ... an important note here: If they ain't your chickens, then why'd you not complain to have 'em removed from your property as well? That's a question the Judge is gonna want answered, and don't be overly offended if they don't buy it. Not suggesting that you're not tellin' the truth, but that there are two different measures under civil (more likely than not, or more than half responsible) and criminal law (beyond a reasonable doubt), and w/o a record of your efforts to get rid of the abandoned flock? It's gonna be tough, either way.
   
   Unless ... did you order your chickens, and have receipts and/or other records that might help establish exactly what *is* your own property?
   Or ... did anybody ever issue a summons/citations/claim/etc. to the neighbor that abandoned his flock?
   

1. If, indeed, you are w/in your legal rights? Then, nobody can expect you to control the crowing of a rooster, any more than the mooing of a cow. It's ridiculous, and flies in the face of legal precedent. But, again? Remember that you've gotta be LEGALLY right, rather than MORALLY right (although, I'd prefer folks be both ~'-)

So, there's five quick things for you to kick around, 'til I know further details regarding the facts in your cause. Again? I ain't tryin' to ruffle your feathers here (but if you can't read this w/o gettin' too upset, then you're really not gonna do very well in Court ~'-)

This is why I posed the earlier questions regarding residence location, citations issued, coop placement, neighbor complaints, etc. There really is not enough information provided to research

• the validity of the citations issued
• the local laws and ordinances

in order to mount a credible defense (or comment on who is morally or legally in the right).

 

[cowcreekgeek]

This is why I posed the earlier questions regarding residence location, citations issued, coop placement, neighbor complaints, etc. There really is not enough information provided to research

• the validity of the citations issued
• the local laws and ordinances

in order to mount a credible defense (or comment on who is morally or legally in the right).

And, why my thumb went up on it as well; every question you listed could potentially be relevant to her cause (and w/o the answers, it's not possible ~'-)

 

[cowcreekgeek]

Oh this is so funny and sadly so true!

Gotta go find her post, 'n respond w/ my lil' rant about the yuppie goin' past our farm ~'-)