Sanford, NC family fined $1300 day for chickens!Update She Found US!!!

[Alexcritter]

Quote:
Yes you are right. Isn't it contradictory? I dont think I will win my Aug 15 appeal based on their own ineptitude though.

 

[LynneP]

I assume you have seen this?

http://www.nolo.com/article.cfm/pg/...B-D553-438E-94E8D66498A911D7/213/243/267/ART/

I haven't read all of the replies but i wanted to be sure you had seen it. Tough situation and I have a suspicion that you'd win in court, but it's an expensive enterprise unless a group of you could share the cost.

And this article leads to an on-line legal consultant (free).

http://www.newrules.org/drdave/3-rttofarm.html

 

[gumpsgirl]

Quote:
Yes you are right. Isn't it contradictory? I dont think I will win my Aug 15 appeal based on their own ineptitude though.

It is very contradictory. How is it that in section 4-5 that you can't keep chickens within the city limits but then in section 4-6 it tells you how they have to be taken care of? What have they said about that? It's a shame that you can't get a lawyers opinion here. Have you gone to the law library and looked up your rights yet? I'm sure that you are doing and have done everything that you can so you can keep these chickens, but with their contradictory sections in the city ordinances one would think there could be a way around this. Have you pointed out to the city council that you are abiding by section 4-6's laws? Sanford needs its own Erin Brockovich!

 

[Alexcritter]

Quote:
Thank you!!!! But the first thing I noticed was that is was discussing "Rural" versus "Urbarn." Do I need to look further?

 

[cjeanean]

Call the humane society and have them do a story on how you raise chickens to keep your eggs 'cruelty free'. Seriously, I think that would be your best bet. You can also show videos of battery hens and how horrible their lives are, and how you don't want to support that type of cruelty (sorry, mods, if this is considered a rule-breaker, I'm not saying anything in favor of those organizations, just trying to help a fellow chicken-lover!) I wanted to find out what a battery hen was and so did a search on some vids, and I can PM the links to you. The humane society/animals rights groups go overboard with cruelty free food sources, so they may give you the push you need. I don't know, it's just an idea. I posted a comment for you, hope it keeps your story alive. The excuse will be (from them) to buy organic or cruelty free eggs, but I also have a link (with proof) talking about how cruelty free doesn't mean jack. Also, cite the economy and how raising your own is cheaper, you have proof that the chickens are treated right since they're in your care, and you don't consider them as a food source, they are your pets first and the food is an unavoidable perk. The eggs also help the neighborhood, and with that there are some articles on how farm fresh eggs have a higher nutritional content than store bought OLD eggs. This means the people in your neighborhood who buy from you will be healthier. I don't know, I'll post again if I think of anything else!

 

[AuntieRoo]

I tried to post a comment on your news story but the form said that it was closed for comments

Can we still vote for you? If so could someone please post the link again for where we can vote? Thanks and best of luck!

 

[cjeanean]

Here's the link:

http://www.newsobserver.com/news/story/1145785.html

 

[jmb]

It looks to me like Section 4-5 regarding the coops may be referring to coops for peacocks, doves, etc rather than poultry.

Still, if the city attorney has suggested you draft the ordinance, this seems positive. Just come to the meeting with different choices you have gathered, from other city ordinances. This may allay their fears. Maybe she would sit down with you prior to the meeting, to get her feedback on which of your sample ordinances you've gathered stand the best chance of succeeding with the council members.

Changing the ordinance is a different issue from being in violation of the current ordinance. Despite what I stated about 4-5, I would still argue the vagueness of the code on this issue, as 4-2 disallows, but 4-5 "seems" to the average person to set the parameters. There could be a due process element here. Because of the "confusion" between the 2 ordinances you could argue that you were not forewarned that you were not in compliance. Were your coops in compliance with 4-5? If so, you believed there was not an issue.

Despite what you have heard about no rights of appeal, it seems if there was a constitutional problem or "vagueness," you MAY be able to appeal to a federal court. Don't know if you'd want to go to this much trouble, but the possibility of a federal entanglement might be enough to cause the local officials to be more accommodating.

Also, I think there were some excellent points made earlier, on both the "green" aspect of raising chickens, and the economic need to cut costs during this recessionary downturn. How can council members be against these issues, as long as their fears are addressed in a new ordinance?

Best of luck to you! I wish this issue had received national attention, as I think it merits it. As long as sanitary aspects are in order, and perhaps limits of location of coops and number of chickens allowed are addressed, I don't see the problem, nor understand why these officials would want to stand in the way of such a positive endeavor. After all, nuisance laws are already on the books, if it became such. Go figure!!

Keep thinking positive, I think you have a good opportunity to succeed here, and what a courageous role model you are!!!!

 

[Alexcritter]

Hey JMB.....are you a lawyer? Thanks for your input. All very valid points.

Bad news.....the folks in Cary did not get the votes. Check this out.

http://www.newsobserver.com/politics/story/1154668.html

 

[emandmikey]

Yes, the folks in Cary got a raw deal.

Apparently they got some bad advice from someone on the town council who was opposed to the idea, and that really hurt them! I think that with some more proactive preparation and help from more supporters, the Cary deal might get a second chance. They are not giving up.

I have just gotten off of the phone with the Raleigh News and Observer, and they're going to do a story about our efforts to change the ordinance here in Wake Forest. It seemed that the reporter was very positive, so I can't wait to see how it turns out. The photographer is coming later this week... Supposedly we'll be in the N. Raleigh News section of NEXT Friday's paper (August 8th).

Em