The Old Folks Home next door is afraid of Rodents and complaining!

[GardenState38]

I'm going through a similar thing myself right now (bad timing, right before the Holidays!

)

My zoning ordinance makes no specific mention of chickens, so I figured, let me try my luck, thinking no neighbor would have the audacity to complain with all of the other violations going on round the clock on my block (I've been tolerating nuisance dogs for 10 years!)
Well, the old biddy (or her son) next door must have sent an anonymous complaint (without confronting me first), and I received a Notice of Violation from my town, telling me I have 10 days to remove my chickens.

As it turns out, a lawyer I've been using for my Mom's estate (I lost my Mom and my sister in the past 4 years and my chickens have definitely been therapy for me this summer/fall) is also the lawyer for the town zoning board!
He gave me the name of the Land Use Coordinator (basically in charge of all zoning issues) and told me my first step is to ask him for more time--explaining that my chickens are PETS and are completely self-contained and well-managed.
Then, I can file for an "interpretation of the ordinance" and then apply for a land use variance, if necessary.

Unfortunately, I've been unable to reach this guy by phone, but sent a very sincere, rational email to him today, requesting a phone call or meeting and outlining, step-by-step, the reasons why my hens are not a nuisance at all and how I prevent any health or pest infestations by keeping all feed and perishable items in sealed/locked bins in my garage, and remove all feed from the run at night so that it does not attract rodents.

I'm currently investigating any written materials by experts that would support the fact that chickens are not a negative impact on the environment or the neighborhood. This board should be a clearing house for such things, you'd think, but most of the "hints" center on what you should do before deciding to get chickens. For those of us who forge ahead in the face of vague or confusing ordinances, that advice is not really all that helpful, thanks.

We'll see. There is hope, though--if you have letters of support, etc. you are one step ahead of me. In your case, there wasn't even a formal violation sent to you yet?
Get your ducks in a row and fight it. It seems insurmountable at first, but take it step by step and as long as you're able to draw out the process, you may be able to hold on to your birds long enough until you are able to move.

One thing about old-timer farmers--they are a different breed. His chickens probably DID attract rodents--his method of keeping them and his REASONS for keeping them were probably miles apart from yours.

I just hope and pray that I can, at the very least, keep my girls until after the Holidays. The prospect of losing them just before is heartbreaking. How can people be so cruel?

Best of Luck! I hope things work out for you!
(If you'd like to see my letter to the zoning officer, PM me and I'd be glad to let you use it as a template, if needed)

 

[BarnGoddess01]

As a fellow Canadian, I think it's worth fighting. Even the city of Toronto is considering allowing hens in the backyard. Folks have SUCH a bias about chickens. It's ridiculous. Me, my bias is dogs. I FIRMLY believe dogs are FAR dirtier and FAR noisier than chickens - or at least on a par. I think you should show them that you will keep your birds' area clean and not over populated. Show them that you will keep their feed properly contained - and not attract rodents. Collect statistics on communities in Canada that allow chickens like Guelph, Ontario, and Niagara Falls. Regular daily human garbage and humans' lazy behaviour disposing of that garbage attracts FAR more "pests" than chickens ever will. I'm truly sorry to hear that this still happens in rural areas in Canada.

 

[geoff40]

If they are afraid your flock might attract rodents, well thats not the same thing as saying it IS attracting rodents. Also, rodents live pretty much everywhere already, wether or not there are chickens near by. If they have a mouse problem aat their old folks home, I would suggest they are the ones with the rodent issue; improper food storage perhaps. It makes no sense that your flock would cause them to see more rodents within their buildings, in other words. I would have the neighbors write those letters, and I'd get some facts about the presence of rodents.

 

[Mamma_Duck04]

I'm seconding that the older people probably have bad biases against the chickens FROM their time of keeping them. Not all old-farmers LIKED all the details of animal keeping, most of the ones I've come in contact with had terrible infestations of mice or rats, excessive smell from the coops, aggressive or flighty birds, etc. Horses & cattle are the same for many I've met- attracting rats, etc. The vast majority of these cases were very likely due to improper feed storage & manure control. If that's what they grew up with, it's going to be really hard to try convincing any of them differently.
Remember the whole "You can't get eggs without a rooster" fact & the number of people that know this for SURE *because* they always had a rooster in their flocks

They're not open to hearing the rooster might have acted as a flock protector or 'pollinator' vs. an egg *inducer*.

Unfortunately I think you're going to have a hard road ahead if all those older folks go up in arms & start making a bigger fuss; squeaky wheel & all.
Depending how far you want to go to try showing them your chickens aren't a risk, you could think about inviting the owner over to look your coop over. I've had older people over before & just general people who had uneducated assumptions about chickens & they've always been surprised mine are so friendly & will let you just pick them up

Along with their clean appearance & the fact their coop doesn't stink to high heaven

I'm not sure I'd go that far if I were moving in 6mo, but...

Good luck

 

[aoxa]

Quote:
I forgot about posting this

No letters yet. The mayor's brother actually owns a small hatchery a few miles from me. He was outraged that his brother didn't talk the complaints down. He said he was going to have a talking with him.

According to the mayor, the residents must write a formal letter to the city of Moncton (40 km from me) complaining. I spoke with a zoning officer from that board (PRO CHICKEN) and he told me flat out the odds are in their favour. We can apply for a temporary 1 year permit. We have decided to keep things quiet until we move. We plan to even sell our house before the 5 year term is up. I don't like the idea that at any moment I will get a citation.

I am in the exact same boat. Very loud dogs everywhere. I told the zoning officer that the old folks attract more rodents and smells than my chickens.

 

[aoxa]

Quote:
I actually just noticed ONE mole the other day. I sent my cat in to take care of it. No squeaking since. I properly store my food. There is some spillage (how do you ever avoid that?) so I am going to make sure to clean it frequently.

I find it funny they complained about what COULD happen. We won't see temperatures warm enough to cause smells until at least May 2012.

 

[aoxa]

Quote:
Thanks

That makes sense. We are not a farm, and I am not sure how to explain that to them.

I am looking forward to moving. I will fight to keep my birds until I can get out of this area.

 

[silkiechicken]

Quote:
Best of luck! I've often observed many older people thinking chickens create vermin problems because of how chickens were fed and raised when they grew up on farms... which DID cause rodent problems. But hopefully you can keep them and show them that with today's standards, rodent problems are not the same as days gone by where corn was scattered on the ground and chickens were kept in dirt floor barns where rodents could easily get into.

 

[BackyardCountry]

FIGHT FOR IT. maybe offer them some fresh eggs to bribe them...

 

[OldGuy43]

Not being a lawyer (and I certainly know nothing of Canadian law) I thought you might find this useful.

Excerpts from:
Farm Practices Protection (Right to Farm) Act
[RSBC 1996] CHAPTER 131

"farm operation" means any of the following activities involved in carrying on a farm business:

(a) growing, producing, raising or keeping animals...
​

(1) If each of the requirements of subsection (2) is fulfilled in relation to a farm operation conducted as part of a farm business,

(a) the farmer is not liable in nuisance to any person for any odour, noise, dust or other disturbance resulting from the farm operation, and

(b) the farmer must not be prevented by injunction or other order of a court from conducting that farm operation.

http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/00_96131_01#section2

I know that this particular act is for B.C., but it is my understanding that all 10 Provinces have now enacted some form of Right to Farm legislation.

You also might want to contact these folks;

http://www.nadeaupoultry.com/

They seem to be active in protecting the rights of those who raise chickens in N.B.

Good luck.