Trouble with the neighbor.

[Sonoran Silkies]

Post a big sign on the coop that says "Dog House." It's not your fault if the chickens join the dog every night for a slumber party.

 

[cassie]

Quote:
I agree.

The note says: "The department has received a complaint with reference to your dog or dogs. The violation is listed below and we would appreciate having the situation corrected to eliminated the need for further action" (emphesis mine) He circled "Disturbing Noise" and put his name/the date, etc. and then hand wrote "You must get rid of chickens you have 3 days to do so"

Exactly what law is he citing to enforce that? Also, what proof does he have that there indeed was excessive noise? A complaint doesn't cut it. I can complain that my neighbor killed his wife but that doesn't mean he did. Remind your official that he has to have something in the way of proof. Like did he hear any excessive noise? Rent yourself a decible meter and let it go to court if need be. Tell him to ask the city attorney about abuse of process and malicious prosecution.

 

[Gypsi]

Quote:
Worth Quoting again! LOL

Ooops, read the rest of the post. Or at least pages 8 and 9. Sorry. If you haven't posted No Trespassing signs in your yard, I think it is a great time to do so, and the next time he visits with his camera I think you can shoot him. Certainly you can shoot him with a video camera and press trespassing charges.

Would have been nice if he had communicated with you first, that is how good neighbors are made. Sounds like whether you move the birds or not, it is an excellent time to have a talk with the desk sergeant of your local pd, that is over the cops in your area. I would consider shooting a dog that was attempting to attack my birds or cats IN MY YARD.

Bad as I hate getting to know neighbors that mis-treat their animals, I've gotten to know a few - and I've found that talking works better than a call to the SPCA as a first step.

Good luck

 

[redhen]

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[EweSheep]

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It says 100 ft from any RESIDENCE. Since they are 93 feet from the property line, unless his house is 7' or less from the property line, that is not an issue. Get written permission (preferably notorized) from your other neighbors who are closer. Also, "At Large" almost always means unrestrained and OFF OF YOUR PROPERTY--in other words, wandering through the neighborhood. Unless it is specifically defined as something else in your code, they cannot be "at large" if they are on your own property.

Is there anything about noise nuisances or animal noises in your ordinances? Also, look up your due process procedure to challenge the ticket/order. Except in the case of imminent danger or emergency, I do not see how they can give you only 3 days. Your animals are not being cited as dangerous or vicious, so what is their grounds for the 3 days?

And DO file the harassment/stalking complaint.

I have THAT statement in my ordiance, it MUST be a living residence such as a house or someone living ABOVE a garage. If he does not LIVE in the buildings except his OWN house, then you have the legal right to have chickens. A garage, a shed, greenhouse or any non permanent fixture that is NOT a living (eating, sleeping, farting) building would NOT be considered a residence.

Some laws are so vague in the term "residence" meaning people LIVING in the house or a outbuilding such as garages and sheds would consider a living residence. It really isn't livable unless someone installs plumbing and sleeping in that garage.

So if his OWN house (the one he eats, breathes and sleeps in) is at or more than 100 feet, then he is out of luck.

Three days is too short for some vicious chickens! That is a laugh!!! I can understand if he thinks your roos are fighting birds and you have been using them for fighting then he got that right to have you get rid of the birds. I would fight to keep the girls and tell the judge that you are planning on getting the roos butchered for food for your own family.

I love the idea of having a voice (roo-activated) rooster yard ornament LOL! Oh boy!

He should be charged for trespassing to take pics, any sane judge will see that he will be asked how did he acquire the pictures and did he get the permission from you?

Hope you can fight this out!

 

[KimberlyJ]

Quote:
I agree. This is JUST MY OPINION!!!

But why can't we try nice first? My chicks are 2 weeks old and the coop isbn't even built yet. I already visited all the neighbors and asked them to help me out by letting me know if a problem develops. If we do happen to have a roo...they just might know it before I do as I have already left the house by 4:45.

What's so wrong with offering some eggs AND maybe the offending bird after it's butchered? How would you feel if the situation were reversed? Afterall, they all value their homesteads (and property value) as much as you do. Perhaps having all the roo's just isn't a great idea....I'd love to raise babies and our town ordinances say nothing against roosters--but what would the neighbors say??? They all think I'm crazy already--but do I have to work so hard to prove them right?

 

[Ridgerunner]

If any videos or pictures of your place show up that were taken without a warrant, hit him with an invasion of privacy complaint. He can point the camera at a public place, like the middle of the street and if something shows upon your property just as a coincidence, that's usually legal. But if he is pointing it at your property and especially your house, that is a no-no. Ot at least that is the way it works in one place I am aware of.

 

[nnbreeder]

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If you measure from your back fence in the center to your side neighbors I bet it is more then 100 feet. Unless ya'll live in a duplex! And if you post picks of the coop I bet there are those here that can tell you how to move it. Even a concrete slab can be moved with nice round fence posts and a few bumper jacks.

 

[herfrds]

Start climbing the chain.

Call the police and file a tresspassing charge against the neighbor. Tell them he has threatened to shoot towards your home. Make sure it is in writing. Tell them you are afraid of him for making those threats.

Contact the supervisor of the animal control office. Document the time and date and if possible record it.
ask them about this 3 days deal.

Go to the city council and be put on the agenda. Ask them about the chicken ordinances. Like what was stated get sworn and witnessed statement from the neighbors who have no complaints against your chickens. See if you can get them to attend the meeting too. Much better in person.
Bring in your police report that shows this neighbor is a bully and nasty person.

 

[Tala]

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AWESOME IDEA!!! He was standing IN MY YARD up by my back porch (side of the house) in front of my truck so not even in the driveway, but fully in the yard. He was standing less than 3-4 ft from a large NO TRESSPASSING sign as well.

He claimed that he was gathering "evidence" for the DA, but obviously he doesn't know that without a search warrent they can't USE anything he obtains illegally. Real bright this guy is, I'm tellin ya!