Trouble with the neighbor.

[PoultryPedia]

It seems:

The video would be great in proving violation of your privacy, illegal acquisition of evidence, introduction of illegal evidence into court (if neighbor plays it at trial), and glaring proof of neighbor's trespassing.

It would be extremely beneficial IN YOUR FAVOR if there's a way you can get the video viewed by authorities BEFORE the neighbor realizes it would be a big negative for him. It would be important that the viewing be "on-the-record"--NOT under conditions where police or other officials aren't allowed or obligated to attest to facts via testimony or written report.

If he doesn't show it on-the-record to anyone prior to trial, it may be harder to keep him unaware of the danger to him in showing the video. I think that a basic listing of charges you plan to prove in court does have to be written in your initial filing of charges or initial response to charges in order for them to be part of charges of which your neighbor can be found guilty. If the charges you make are very descriptive, that might warn him against showing the video in court.

 

[spikennipper]

Quote:
I fully agree with TipsyDog here, he should not have made those threats to you about your birds but people often say things at the heat of the moment without thinking it through especially when angry or due to lack of sleep! you do have an awful lot of roos at your property and I think if your intention was to process them anyway then you should have done so they are mature once they start to crow and the meat begins to toughen up the longer you leave it, I have been in the same position as you when a neighbour complained about my roo crowing at 3am in the morning (but he wasn't nasty about it like your neighbour) I was never bothered by the roo as my bedroom was on the opposite side of the house but his was on the coop side and here in the UK we have smaller back yards than you guys in the U.S do so I apologised and processed him that evening ( the roo that is not the neighbour!

) It upset me as I had raised the bird from an egg and my intention was to keep him but he was loud and crowed a lot and it just wasn't fair on my neighbours, we need to have consideration for others too, it doesn't sound like you have done anything about the noise yet so it is no wonder he keeps coming round, trying to solve it by having your hubby beat him up or getting the police involved etc is just going to make matters worse if you sort the noise there will be no more issues and no more complaints it is just not worth going through all this hassle when you can stop it in an instant.

 

[pinkyglory123]

I agree with Spikennipper. My neighbors were not bothered by my rooster-Hubby was. Kept him in the dark-even had him caponized-still crowed-placed him with someone else. End of problem. He was a pet. But the crowing could not be denied.

 

[noodleroo]

Quote:
How did I miss all of this??? It is too late for any kiss and make nice stuff; do what herfrds is suggesting. Take a clipboard with paper and a pen to take notes. (You'll look like you are in charge of something and it gives the impression that you mean business). Go in person. Have the attitude that you are in compliance with the law and this maniac is harrassing you. I honestly believe this is true. If law enforcement won't file charges, then you do it yourself; you can file a complaint. If you have to, look through the court records and copy a complaint that works for you, adapt it to your situation and then file it with the court yourself.

My take on the meaning of the ordinance is that a residence is a structure that people live in. I believe a court would agree with you. Just because law enforcement says you can't do something doesn't mean its true. You might get a ticket, but you can fight it in court and it sounds like you would win this one. I don't believe that animal control can remove your chickens without a judge signing an order for it. And even if that happened, there would have to be some way for you to recover your property. 'At Large' refers to animals running out of your control on someone else's property OTHER than yours. If the ordinance needs to be changed, then get involved and get it changed. In the meantime, hold your ground and file every criminal charge on your neighbor that you truthfully can.

 

[PoultryPedia]

Make sure that you will not be in trouble if the coop is legally too close to YOUR residence. =

 

[noodleroo]

Quote:
I'm pretty sure the intent of this language meant anyone else's residence.

Also, I would do a little more detective work. I don't know exactly how the criminal justice system works in your state, but I am quite familiar with it in Texas. If I were in your position, Tala, I'd want to know what kind of history this guy has, such as does he pay his taxes, does he have a criminal history and things like that. Go to your county tax office and look it up-it may even be online from your appraisal district. Go down to the court clerk's office (or what ever you call it in your state where misdemeanors and or felony crimes are filed) and see if you can find what he has done in the past. Get certified copies so you can use them in court if needed. I'll bet he has a written history of being a jerk and if he does, you can get it and use it against him.

Even if he has no record of anything (unlikely), he has committed crimes against you namely trespassing and terroristic threat. I'm the person that suggested trying to smoothe things over, originally, but it has gone way past being able to do that. Take up for yourself legally when you are in the right and don't quit; just remember-you're the good person and he's the jerk...

 

[Tala]

Quote:
I'm pretty sure the intent of this language meant anyone else's residence.

Also, I would do a little more detective work. I don't know exactly how the criminal justice system works in your state, but I am quite familiar with it in Texas. If I were in your position, Tala, I'd want to know what kind of history this guy has, such as does he pay his taxes, does he have a criminal history and things like that. Go to your county tax office and look it up-it may even be online from your appraisal district. Go down to the court clerk's office (or what ever you call it in your state where misdemeanors and or felony crimes are filed) and see if you can find what he has done in the past. Get certified copies so you can use them in court if needed. I'll bet he has a written history of being a jerk and if he does, you can get it and use it against him.

Even if he has no record of anything (unlikely), he has committed crimes against you namely trespassing and terroristic threat. I'm the person that suggested trying to smoothe things over, originally, but it has gone way past being able to do that. Take up for yourself legally when you are in the right and don't quit; just remember-you're the good person and he's the jerk...

It would help matters a whole dang lot if I could get his NAME. Any suggestions on that?? I have a friend checking his license plate, but he's an ex cop and doesn't have the pull that he used to so I haven't heard back from him. I delivered a pizza to their house way back last December, and got a name from that, but several adults live there so that doesn't necessarily mean it was him who ordered the pizza.

I would feel really stupid going to the DA's office "I want to file charges against my neighbor, but I don't know his name" so any suggestions on that angle???

 

[PoultryPedia]

You can use "Reverse Address Lookup" on whitepages.com. Or look up yourself on that site or similar ones, and then click on link next to your listing that says "Find Neighbors."

This will not tell you for sure the correct and current names of people at that residence, but can provide a start.

 

[mickistoy]

cops should have a report filed from when they talked to him.....get a copy....his name should be on it

 

[Tala]

Quote:
It takes 2 days for the report to become obtainable, which should be tomorrow