someone please help...

Discussion in 'Local Chicken Laws & Ordinances (and how to change' started by saint01, May 23, 2010.

  1. saint01

    saint01 New Egg

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    May 23, 2010
    i live in clifton nj ... the ordinance says i can have a chicken/ rooster if i have 20 feet off the house & off the neighbors properties ... i saved a baby rooster a year ago (he was 3 months then) i didnt know it was a
    rooster .. but it didnt matter if it was a chicken or rooster cuz it was an animal that needed my help .. after
    having him a year .. someone complained he crowed .. the town came to my house & said i need to get a
    permit - so i applied for an application .. before i got a chance to bring it back, the town came to my house
    again & said there gonna deny my application because someone else complained ... i believe it may be the
    same person complaining just so i have to get rid of him .. i've had him a year ...not 1 complaint .. now all the sudden 2 complaints in 1 week ... dosent sound right to me

    my rooster is an indoor rooster . he lives in my house .. hes my baby ... we are together all day, he watches
    tv with me .. he drives in the car with me .. he goes on vacations with me.. i treat him as if he was my child
    .. i bath him .. he sometimes sleeps in my arms at night (with a wee wee pad under him) we are extremely
    close ... when i go to work ... he's with my mom & boyfriend .. i call a million times to check on him & when
    i come home .. he sits in the window waiting for me - he hardly crows ... usually only when i leave for work
    but at that time its 2:00 in the afternoon & he never crows past 700pm ...

    i dont know what to do ... im definatley going to court & i will type a letter to the judge with pics & letters
    from my immidiate neighbors proving that he dosent crow at 4am in the morning as someone said in the
    complaint ... my rooster has never lived in a coupe .. he sleeps in his bed with a pillow and sheet ... he
    watches tv ..& sits on the coffee table .. he goes out when he wants & usually comes back in within 20 min.
    because he likes being in the house ....

    if the town takes him away ..he will die ..i will die ... we are so attached to each other its unbelieveable ..we love each other my boyfriend even tells me that me & my rooster (joe) are inseperable - hes even sitting with me now as i type ..

    please can someone give me advise as to what can i do - i cant give him up ... i even think about moving but
    i take care of my 76 year old mother so i kind of cant at this time ... joe belongs with me & no one else
    ... he is also on medication for his leg & i know he wont get the proper care if they just take him away & give
    him to anyone ... i cant even bare the thought ... please help!!!
     
  2. schellie69

    schellie69 Chillin' With My Peeps

    Oct 8, 2009
    Kansas
    so are you saying the roost/coop has to be 20 feet away from all the house's or your house must be 20 feet from your neighbors if the ordinance says you can have the rooster and you meet the requirements then I don't see how they can take him away make sure that you are within the ordinance and if you have to go to court take the ordinance and pictures of your set up, if he is taking med's for his leg get a note from the vet who is giving you the meds explain that he need medical care. also get letters from your closes neighbors if they will stating that the rooster does not bother them if that is the case I see no reason that they would take him away it might be because you have him inside if that is the case explain he is in side due to health reason get the vet to write the letter that he needs to be inside to be taken care of if he can be outside tell them he is outside in this pen/coop he more then likely doesn't like being outside due to being alone chickens are flock animals if that is the case I would get a few hens. if you are allowed chickens and tell them you are raising them for eggs. If you are obeying the law and ordinances I don't see how they can take him away. good luck keep us posted.
     
  3. ChooksChick

    ChooksChick BeakHouse's Mad Chicken Scientist

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    Aug 17, 2008
    Larry, KS
    My Coop
    Often Animal Control doesn't actually have direct knowledge of the ordinance and the exert power they don't have- they might not be able to tell you he has to go before you file for a permit. You may be able to get your vet to board him for a few days so you'll be able to them he's gone, and then file the permit.

    Go to City Hall and ask them for a copy of the ordinance so you know exactly what your requirements are- I doubt it says you can't file if you get 2 complaints. Get him out to somewhere else for at least a few days while you take care of the legalities. Perhaps he can stay with a friend?

    Best of luck!!
     
  4. Sonoran Silkies

    Sonoran Silkies Flock Mistress

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    Jan 4, 2009
    Tempe, Arizona
    First, look online to see if you can find the ordinances. If you can, post a link here and we'll look at it and give you our best opinions. Your post makes it sounds like having chickens, including roosters is okay if they are housed a certain distance from the neighbor's home. What exactly is the ordinance they are citing? Noise, or having him?

    Have someone stand outside at your property line and see if they can hear him crowing (of course that will mean you have to try to get him to crow). Leave the windows up or down in whatever their usual state is. If you can get a decibel meter (answers.com says walmart carries cheap ones in the automotive section for about $20), measure his volume at your property line.


    Okay, I found them--the definition of nuisance is pretty vague, which is certainly in your favour if you have a good attorney; as written it pretty much allows anyone to be annoyed by anything. Your best bet is measuring the volume of your rooster at your property line when he is crowing and having accurate volume comparisons (a car backfiring, an engine starting, etc.)

    Here is one: http://www.gcaudio.com/resources/howtos/loudness.html

    and
    another; I like this one better as it lists more common sounds: http://www.dot.ca.gov/dist2/projects/sixer/loud.pdf

    and
    http://www.sengpielaudio.com/TableOfSoundPressureLevels.htm


    If
    you can show that his crowing is around 50 decibels (I'm using that number based upon my city's noise nuisance definition for a residential zone), which is a lower number than I anticipated based upon the charts, you should be in the clear, easily able to demonstrate that his crowing would not be comsidered a nuisance by any reasonable person. If your tests show that his crowing is louder, then you need to think about soundproofing the rooms he tends to stay in, particularly at night.


    There is also the possibility that someone else has a rooster that is disturbing whoever complained.
     
    Last edited: May 23, 2010
  5. kickinchicken

    kickinchicken Chillin' With My Peeps

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    Mar 23, 2010
    Rhode Island
    I know in many towns, ANONYMOUS complaints cannot be included in a citation or violation of an ordinance as the same person can call multiple times...as has probably happened with you. I'd fight it and even insist that they do an official noise complaint stake out at your home PROVE once and for all that your roo is not the issue, its your psycho neighbor! [​IMG]
     

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