Rooster complaint from Snobby Uptight Neighbor in Epping, NH

[MrChicken207]

If it took the neighbor almost 2 months to mention to you that the noise was a problem, and you are in an area with an Ag. zoning, I think you're pretty safe. Ag. zoning is a pretty solid thing, especially in rural/semi-rural towns in Northern New England. If you were in a strictly res. zoning, you'd be SOL. I think that your neighbor has, at best, an up hill battle. He might try and fight to change the zoning in your neighborhood, but that's your worst case scenario. At best, the zoning board would look at your neighbor and tell him that if he doesn't like the noise, he should sell his house and move to the city, because he chose to live in an ag. zone and should have realized that there might be animals making noise in the middle of the day.

A 1 acre lot is plenty of space for a dozen birds, and a couple of goats. There shouldn't be any issue with animal manure, if taken care of appropriately (deep litter method, composting, etc.)


Where I'm at, there are 5 types of residential zoning in the town. only one of them explicitly allows the land to be used for traditional purposes (agriculture/logging/etc.) there are 2 others that imply these uses. Additionally, a good portion of the town isn't zoned at all, which, by default, allows agriculturaly practices. These practices include livestock. I'm not at all sure what other neighboring towns have for their zoning designations, but would probably be somewhat similar. For my intents, where I am at right now, I cannot have "livestock" being on a lot of 1/4 acre, I can understand, to an extent. What I want is a large lot (10 to 20 acres), that is either not zoned at all, or it is zoned as explicitly allowing traditional practices. Some of these lots are on my current way to work, which would shorten my commute, but increase my wife's. Others are further out, increasing both commutes. I'm okay with either. My wife would take some more convincing. I've been working on it for 7 years, I figure that I still have at least a couple more to go to convince her.

Didn't mean to hijack, just wanted to post a similar perspective.

 

[Jody]

Quote:
You raise Sebrights for food? Sounds like a hard sell to me.

I don't know you or your neighbor but with your recent addition of Guinea Fowl it sounds to me like you're going out of your way to annoy your neighbor. Guineas, btw, will not stay inside a fenced area. If you are planning to free range them as well they'll be in your neighbor's yard.

You said you have less than an acre. I doubt if the state Right-To-Farm laws would apply to you.

I have several breeds, not just Sebrights. No, I did not get Guinea to go out of my way to annoy the neighbor.. It was coincidental that I got the complaint about the rooster just hours after coming home with the keets. Yes, it's just slightly under an acre, however, looking at the law, I do not see anything stating minimum size requirements.

 

[theFox]

Quote:
You raise Sebrights for food? Sounds like a hard sell to me.

I don't know you or your neighbor but with your recent addition of Guinea Fowl it sounds to me like you're going out of your way to annoy your neighbor. Guineas, btw, will not stay inside a fenced area. If you are planning to free range them as well they'll be in your neighbor's yard.

You said you have less than an acre. I doubt if the state Right-To-Farm laws would apply to you.

I have several breeds, not just Sebrights. No, I did not get Guinea to go out of my way to annoy the neighbor.. It was coincidental that I got the complaint about the rooster just hours after coming home with the keets. Yes, it's just slightly under an acre, however, looking at the law, I do not see anything stating minimum size requirements.

Most right to farm laws have several parts, one of these is frequently a protection from nuisance complaints (noise and odor) provided the "farm" conforms to certain practices.

These normally have nothing to do with the size of the lot. There are some RTF laws that prevent minor jurisdictions from blocking farming on "large" lots of land that are otherwise not zoned for Agricultural uses. To my knowledge there are none that prohibit the application of all parts of RTF laws to areas zoned for Agriculture. I haven't read all of the RTF laws yet, this is why you should do your research specifically for your situation.

The reason I mentioned manure is that frequently buried in all of the various regs there are setback requirements for both storage and composting. A lot of otherwise conforming "farms" find out the hard way about those requirements.

 

[littlethorn]

If your property is zoned for agriculture then it is likely TS for your neighbor during the daytime. However, the rooster may still fall under noise complaints if it is crowing at 4am. I don't think this needs to black and white issue and I would not say to get rid of your rooster. I would suggest just to keep your roo in its house until 7am. This way, even if this does escalate you have the high ground since you have made reasonable effort to accommodate.

I would warn you to be wary though, these disputes with neighbors can turn very ugly very fast.

 

[JulieZ]

I wouldn't give up any animal UNTIL you are sure you CAN get into some form of trouble. Don't let him bully you. Stick with the laws, get the court people on your side with face to face contact verses phone calls & let the rest play out. Just stay within your laws & keep the county from coming to your place. Go to them instead. Also keep a log of everything your neighbor does or says to offend you. Funny how that stuff works in your favor when you need an Ace card of your own.

Best of luck !!

 

[woodmort]

If you're zone agriculture, he doesn't have a leg to stand on. In my county we have right-to-farm laws and complainers about animal noises, smelly manure or farm machinery on roads have no legal recourse.

 

[Knock Kneed Hen]

Quote:
Why did you ask your neighbors if it's a problem if you never intended to do anything about it? He's been nice about it. I'd do my best to keep the animals quiet, at least until 7 a.m.
I'd let a week pass then pay him a visit. I'd let him know that I'm willing to work on a compromise and tell him what I've been doing to keep peace in the neighborhood. I think you'll
get more respect and hopefully a more understanding neighbor for the occasions when you forget.

 

[hallerlake]

Quote:
That's just it, he's complaining about him crowing in the middle of the day too... He even commented about goat bleating saying he's "tolerating" it and they only bleat during day time.. So, if I keep him in til 7am and in at night, he shouldn't be crowing if he don't see the sun, right? Even so, the coop would muffle the sound a little too..

It is my understanding that noise ordinances typically refer to after hours.. IE after 10pm before whatever am, etc.. Is this correct? If this is the case, does this guy have any legal recourse, etc to push the issue regarding animal sounds during the day time assuming I have the rooster inside til after whatever hour is stated in the noise ordinance?

It's my experience that people who are getting enough sleep at night are a lot less cranky during the day. The soup remark was out of line, but if you try to meet him half way by keeping the roo quiet at night, he may settle down. Law or no law, I would hate to be in a wrangle with my neighbors all the time. It's too much stress, but that's me.

 

[Jody]

Quote:
Sorry, you missed the part where I said I have no issue getting rid of this rooster.. That's not the problem.. What I DO have a problem with is his demeanor and the potential future complaints about my Sebright rooster whom will be introduced to the flock.. right now he's indoors for quarantine AND I'm concerned about his mention of my goats bleating.. Personally, I think the guy is going to turn into a [problem]. If I get rid of this rooster, then he'll think he can demand me to get rid of something else, and that's why I'm discussing this topic here, to get advice and see my options, etc.. Not because I didn't intend on getting rid of the rooster, however, when I did ask if it was a problem, my willingness to get rid of it was not an open ended offer, it was then and only then and he said it was not a problem.

I talked to some of the other neighbors.. none of them have a problem with the crowing, except this guy and according to some of the other neighbors, they too think he's a stuck up snob.

I asked him 2 months ago about the rooster because the rooster was crowing at 4:30 am and I wanted to be a good neighbor.. Everybody said it was fine and not a problem, until yesterday this neighbor complained claiming the roo crows at 4:30am although he's not let out til after 6, but usually 7, other than the week I left the coop door open for ventilation due to heat/humidity.

I did NOT ask if he had a problem with any other animals on my premises and he does not have the right to piss and moan about it because it's not a nuisance.. he's just a stuffy snob. OK, so yes the rooster crows and he should complain about being disturbed, but I'm a bit ticked that he has the audacity to piss and moan about middle of the day animal sounds.

So, I WILL be rehoming this rooster, but you can bet I am going to tell him how upset my 4yr old daughter is AND I will forever be bitter towards him.

Edited for language

 

[tigerrrrrrrlilly]

I would not rehome the roo, or give him the satisfaction that he has gotten to you. You are not breaking the law by having it, aside from noise ordinance possibly. I would find a way to keep him quiet enough until it is an hour for which he has no right to complain. I keep my noisy roos in a cage, covered with a blanket in the barn until 9am, just to keep the neighbors happy. I have never had complaints. Your other neighbors would then be able to verify they don't hear anything until 9am or so if you did this.
I personally thought it was a very rude thing to say, and not friendly at all. Does he have a dog? I would tell him I would like his dog made into a burrito but that won't happen will it?