Someone Complained, Chickens Must Go -- Joliet, IL

[codechicken1]

This is what they're telling us we're in violation of:

47-5.1 PERMITTED PRINCIPAL USES
No land shall be used or occupied and no building or structure shall be designed, erected, altered, enlarged,
occupied or used other than for one of the following uses:
(a) single family dwellings within a planned unit development and single family dwellings on a
parcel of land less than five (5) acres in size, provided that for the purposes of this section, all
contiguous parcels of real property owned or controlled by the owner, or a subsidiary or affiliate
of the owner, shall be aggregated to determine compliance with the five acre limitation;*
(b) essential services;
(c) churches, rectories and parish houses provided:
(1) the church, rectory or parish house is located not less than twenty (20) feet from any other
lot located in a residential district; and
(2) the church, rectory or parish house is adjacent to a school or business district; or
(3) the church, rectory or parish house is located on an arterial or collector street
(d) agricultural uses, provided no retail sales are regularly made on the premises and provided
further that no building housing farm animals is located on the premises;
(e) community residential homes, subject to the provisions of Section 47-15D.
*ORDINANCE #16738; REVISED 12/7/10

Ask again for the definition of "farm animals".
Also, it appears the Ordinance was revised on 12/7/10. Ask to see the Ordiniance that this replaced to see if they added (d) or language to (d).
Maybe I missed it, but were you cited or receive a written Notice of Violation?

 

[agrippina]

Ask again for the definition of "farm animals".
Also, it appears the Ordinance was revised on 12/7/10. Ask to see the Ordiniance that this replaced to see if they added (d) or language to (d).
Maybe I missed it, but were you cited or receive a written Notice of Violation?

We received a Notice of Violation, I guess. The letter was a form letter saying the city received a complaint of farm animal/rooster (there were no roosters) on the property. It was from the Zoning Inspector. It asked us to call, which we did. She said "no farm animals are allowed within city limits," and that "chickens ARE farm animals, not pets."

But when asked where in the ordinances it said no farm animals are allowed, she cited the above ordinance. When we asked for the definition of "farm animals," she again cited the above ordinance.

Which makes me wonder if she has a brain.

 

[Gargoyle]

since the complaint was for a rooster and you don't have a rooster, you are in compliance. but that won't stop them from harassing you.

 

[codechicken1]

Did they give you so many days to correct?
If so, how long has it been?

 

[erinszoo]

You might want to look at your state laws on the definition of what a farm animal is. In our state chickens are domesticated animals as are cows, goats, sheep, horses, dogs, and most other forms of poultry. Farm animals are specifically animals that are providing income as a farming enterprise ... ie. egg production, milk production, meat production, etc on a commercial level. (Cats, on the other hand, are just considered pets and can do what they please - there's not even any laws saying that they have to be kept on the owners property.)

So, even if you have a cow on your property, if it isn't being used commercially, it isn't a farm animal.

Maybe Illinois has some similar definition in the state laws.

 

[erinszoo]

Quote:
And, if you read this technically, this just says you can't have a "building housing farm animals" ... it doesn't say anything about not having the animals.

 

[TomandBarbara]

Im not from US but I do remember seeing a programm about a couple (the term was preppers),who had set up their home to make it ready for an economical crash.
Not sure if it helps but they mentioned they had got around the law by naming their animals,thus defining them as pets, not farm stock. they got to keep them.

 

[Pullet Surprise]

TomandBarbara, good point, I remember that well. The couple lived in California if i remember right. We have friends who live in a small rural town near us. Chickens are not allowed at all and since they live only a block from their city hall, they have decided not to risk having them. I had mentioned to them the "Name them" ploy. The way the Jollet law is written, I would think it's ripe for a court battle from the point of a very few chickens being pets. Dogs have dog houses, I know people who have outside aviaries. Pot bellied pigs are now generaly considered pets, etc. etc.So maybe it might be worth buying chicken diapers with leash rings and walking a hen or two in front of the municipal buildings

. But seriously, there is also one other point, the "building to house the farm animal" is that a PERMANANT building or not, like a dog house would be considered. If the coop and run are technically movable, then it is not permanant and therefore maybe, just maybe it doesn't qualify as what is described in the law. If nothing else, it may force the city to better define its laws. It just seems that they are 'discriminating' against chickens compared to say, large parrots. BUT the bad thing is that in another town near here, even though something might be allowed on the books (garage bands within certain hours, burning leaves) and even if you under compliance with the specifics....if there is a complaint, it's all null and void and you are subject to a fine or at the least a 'cease and desist'. Is there a National Chicken Defence Fund anywhere or lawyers who defend chicken cases?

 

[agrippina]

Did they give you so many days to correct?
If so, how long has it been?

They gave us two weeks. Two weeks was 8/20. Since then, after a lot of going back and forth about it, we chose to move the chickens to an undisclosed location for their own safety. Someone told me that they could come confiscate the chickens and slaughter them.

 

[agrippina]

TomandBarbara, good point, I remember that well. The couple lived in California if i remember right. We have friends who live in a small rural town near us. Chickens are not allowed at all and since they live only a block from their city hall, they have decided not to risk having them. I had mentioned to them the "Name them" ploy. The way the Jollet law is written, I would think it's ripe for a court battle from the point of a very few chickens being pets. Dogs have dog houses, I know people who have outside aviaries. Pot bellied pigs are now generaly considered pets, etc. etc.So maybe it might be worth buying chicken diapers with leash rings and walking a hen or two in front of the municipal buildings

. But seriously, there is also one other point, the "building to house the farm animal" is that a PERMANANT building or not, like a dog house would be considered. If the coop and run are technically movable, then it is not permanant and therefore maybe, just maybe it doesn't qualify as what is described in the law. If nothing else, it may force the city to better define its laws. It just seems that they are 'discriminating' against chickens compared to say, large parrots. BUT the bad thing is that in another town near here, even though something might be allowed on the books (garage bands within certain hours, burning leaves) and even if you under compliance with the specifics....if there is a complaint, it's all null and void and you are subject to a fine or at the least a 'cease and desist'. Is there a National Chicken Defence Fund anywhere or lawyers who defend chicken cases?

I have seriously considered letting them issue a ticket in order that we may bring the issue to a hearing, because the law is so vague. There's another ordinance that says fowl are allowed, but they can't poop on roofs and sidewalks, and they seem contradictory to me.

But, I'm not a lawyer, and I lose my nerve sometimes. And since my parents own the house, I don't want them liable for whatever it may be they decide to charge me for my awful crime of chicken keeping.

It's really sad, because the vast majority of my neighbors are fully supportive of the idea. Most have signed my petition. Some want their own chickens. It's just one "bad egg" that's spoiling everything.

I don't understand how my three little hens affected anyone's quality of life, at all. You don't even know they're there unless you're peering over the fence looking for them. They were so happy here. I'm making myself cry ...