Trouble with the neighbor.

[Sonoran Silkies]

Ok, in a small community there may be only one DA, City or County Attorney, etc. And that one person may well be elected. However, in a larger jurisdiction, the District/City/County Attorney's office may well employ a number of attorneys, and they are probably divided into specialty groups. Chances of directly dealing with the primary official are small unless it is a very small office. That said, there will be an appropriate person to deal with, and a chian to follow upwards if you do not get satisfaction from the person with whom you first encounter.

 

[sommrluv]

I feel like no one is reading the whole thread here...

She has 24 hens PLUS 19 roosters.

The roosters ALL crow starting at 4 am.

Your neighbor was wrong threatening deadly force, but haven't we all said something we regret at 4am being woken up? I also don't understand why you never communicated with him.

Your coop is less than 100 feet from the property line. 100 feet! My house is longer than 100 feet...most people's are...I can't even begin to imagine the noise. A neighbor a 1/2 mile from me has ONE rooster that I hear in the middle of the night. I can't even begin to imagine the size of your lot and that many chickens on it.

I have chickens, and I asked every single neighbor before I even got them. It was legal to have them, but what about being a good neighbor? Even after all this is done, you will have an awful relationship with your closest neighbor.


This reminds me of the neighbor I used to have who would let their guinea hens roam the neighborhood and they would wake me up at 3am daily...rude rude rude.

Personally, I'd be grateful your neighbor bothered to tell you he wanted them dead. I know I probably would have taken the opportunity if I saw a guinea hen crossing the street.

 

[Sonoran Silkies]

Quote:
Houses are NOT typically 100' long. I just looked at the plat map for my development, and many of the lot lines are 95-110 ft long. And we have unusually large lots; the smallest is nearly half an acre, many are considerably larger.

The code says 100' from the residence, not the property line. There is not a limit on the number of roosters she can have, but there is a noise ordinance. Several of us have suggested that she measure the actual volume at the property line. The neighbor had already taken it past the neighborly limit when first contact was made. If someone threatens to shoot me or mine or towards my house you better believe that I am calling the police, not trying to be conciliatory towards them.

And quite frankly, whether she chooses to be neighborly or a recluse is her own business. She has a legal right to have the birds. The only issues are whether there is too much noise, and until someone has ascertained the actual volume, there is nothing but subjective opinion on that. Closer neighbors have NOT complained, and have said they like the birds. The other issue is placement of the coop and that is something she is working on. It is already sufficiently far from the complaining neighbor, and the closer neighbors have not complained. Once again, several of us have suggested asking those closer neighbors to sign an affadavit that the noise does not bother them and giving permission to placing the coop closer to their property than the legally required separation.

 

[TipsyDog]

Quote:

I've already expressed my views on this situation also. Tala, exactly how big is your lot? I'm guessing 150' x 75' ? It's just not feasible to support that many hens or roos. I'm also going to assume that your next door neighbors are delighted that those roos are gone. I highly doubt they will sign any petition and probably have some sort of excuse for you. Most people don't like confrontation and won't express their true feelings to your face. Unfortunately I'm pretty sure that this incidence is going to get a new ordinance written real fast in your town that no roos (maybe even hens) are allowed. I used to live in a small town and whenever someone complains about something, they are quick to make a new law to prevent any confrontation in the future. Alot of the responses and advice being given here border on militant at this point. Telling the authorities that you fear and are threaten by this man is ridiculous. I would let this go and hope to keep a couple of hens at this point. I fear they will outlaw all chickens so not to have to deal with this in the future. It's too bad that other people will be affected by this one situation.

 

[gardencricket]

Tala, I just looked at your page, LOVE the pics, sorry your having to deal with your neighbor, I have neighbor issues as well but not because of chickens (we rent and aren't allowed yet) but because we are in the county (it is a VERY tiny town with no other jurisdiction except for county) I deal with a gun crazy neighbor.... I have to bring my dog in the house and can't let the kids play outside because of this idiot shooting off 22's, shotguns, bb guns and what ever else he wants to. County so it is allowed. House is closer than 20 feet from mine doesn't matter.

(((((((((HUGS)))))))))))) hope it all works out with you.

P.S. we talked with the neighbor about the problem, was told go F yourself... sometimes talking and being neighborly DOES NOT WORK!

 

[Sonoran Silkies]

Well, if y'all have read the entire thread, you will know that she moved the roosters to her inlaw's property that is out in the country.

I think most people have advised her to follow the law. Anyone threatening to shoot at me or mine is being reported to the police; I've been terrified over far smaller things than that. And trying to curtail my legal rights IS something I would get militant over. Not something that SHOULD be my right, but something that IS.

What basis do you have for determining her property size? All we know is that from the back porch to the back property line is 93' and that it is too close to be 100' from both side neighbors.

 

[noodleroo]

Quote:
I agree with this post.

There is a level of frustration that continues to build when law enforcement won't do their job. Unfortunately, getting the end result of your jerk neighbor leaving you alone starts with law enforcement making a report. Terroristic threat and tresspassing are real crimes. You are the victim of a crime. You know who committed the crime but you can't get the people who are paid by your tax money to even make a written record of the events. I think that's a problem in addition to the continuing threat to your safety by someone that has TRIED TO SCARE YOU by threatening to shoot toward your house. He meant to scare you and there's nothing ridiculous about you being in fear for your safety.

 

[huntercf]

You may not want to do this but, check your state laws regarding citizens arrest. In CA a citizen is allowed to arrest an individual if they witness a misdemeanor or have knowledge of a felony, with full rights of a police officer, which includes restraining and transporting to jail. You do need to check your state laws first before doing anything like this (don't arrest him for past offenses, only do it for future trespassing and make sure you have evidence) and you also need to remember that you can be held liable for false arrest so make sure you have your ducks in a row, and I would only use this as a last resort.

 

[drumstick diva]

If someone does a citizens arrest how do you get the perp to cooperate? Handcuffs, punch to the jaw, cattle prod??? I'm being facetious. I can't imagine anyone going along peacefully and you could get really hurt if there is an ensuing battle.

 

[mickistoy]

Quote:
wonder if OP has CCW? s&w, colt, and a few others have a way of getting there point across!