Updates on the last pages: Neighbor is threatening me and my chickens

[Kyatesw]

Maybe this was already mentioned, but have you thought about getting a lawyer? Maybe even just pay someone for an hour or two to tell you what your options are?

I'm really sorry you are in this situation, I'm just down the road in Albany and my house is really hopeful you will find a solution. Wish there was more I could do to help.

 

[Banana01]

I read through the thread again. Really sharing your frustration and anger. I posted early on in this thread that you needed to secure your fence and fix every hole, and if the dog gets through then it is property damage. I know its not easy, but why don't you have a fence that offers privacy and security? Is it too expensive?

So then, now you have a new coop. Maybe you can fence that off? The 300' minimum is to the neighbors dwelling, not to the property line. That means they should be measuring from your coop to his house for the setback, not to any property line.

You said the inspector is from the Town, but you live in the incorporated village, in fact the oldest village in the county. You need to do a history lesson on where you live and what rights your village board has. I know a town inspector should not have any jurisdiction in your village. I also don't think any village board has the power to be doing what they are doing to you. The village board gets power to regulate certain dwelling aspects from state statutes, and the state statutes for new york do not grant them the right to do what they are doing. It's almost as if they are trying to apply the town ordinances to you, but you live in a village. Their governance does not cover what animals to raise in your property. It simply is not legal for them to have meetings passing whatever rules they like to apply to your private property.

A lawyer should send a cease and desist letter to all of these people. They are harassing you.

Now back to my frustration with you is that why can't you get your fence built so that the neighbor can't even see in your property and his dog can't enter. Build a 6 foot or higher wall between you and keep everyone else off your private property. I think your neighbor would probably be silent if there was a fence, that is if the roosters aren't a problem now too.

You live in a village, but it seems that the definition of village has been lost to all of your neighbors and so called governors. They simply do not have the right to be doing what they are doing, yet they keep pushing more and more. You have to say enough is enough and stop them.

Can they take away your animals? Not likely. Can they pass zoning ordinances banning chickens? That is the question I don't think that the state of NY gives village boards this power. A village is governed by the inhabitants. Your first duty is to build a fence and block your neighbor from property. You need to realize that you are part of the village governance. The so called board only exists with the rights given by the state, the rest is self governance by the dwellers of the village. You know like in friendly town meetings. Most of that history is probably lost, which is sad because you said this land has been in youe family for generations, and these people have you literally crying and begging to leave your own property. The only consoling factor in this should be they are so desperate because they probably realize they do not have the power to stop you from enjoying your chickens.

 

[Smileybans]

And I'll add that my son, who was really pissed off at the neighbors for complaining, recorded my rooster crowing and played it on loop in the yard. The county folks said that playing the crow was not only completely legal, but also hilarious. We would go into the backyard and crow at the top of our lungs sometimes, too. I don't recommend either of these actions in your case. We got away with it because we were already in the process of leaving, and the county ppl were on our side because we were being reasonable and the neighbor was not.

I thought about doing this, among other things I won’t mention. But I don’t want to stoop to my neighbors level. Yet anyway. I’m not even sure which one of them is really pissed off about the chickens anymore. Whether it’s her or him. She just keeps saying she can’t move with a chicken farm next door. He keeps coming up with new things to complain about. Mostly untrue things too. I haven’t made one complaint about them yet either. They let their dog run at large, they play loud music, they have their friends over and yell at the tops of their voices, they set off fireworks, they have fires in their yard, all the time they’re doing this stuff they’re drunk and yelling at each other. Always fighting and yelling. Have I ever complained? No. I can change that though. His biggest issue with me is my chickens. That’s all he has against me. Any other complaint would be against my mom because it’s her property. But oh boy I could be his worst nightmare. I just have chosen not to.
My husband is a big believer in the universe and karma. I hope by me not being a crap neighbor that this all works out in my favor. That I don’t have to stoop to his level to keep my beloved animals.

 

[CKfarm22]

My neighbor all of a sudden has a problem with my chickens. He freaked out because I held 40 chicks overnight for a friend. The chicks were gone in the morning but he is still freaking out. He’s worried his dog will come into my yard and kill my chickens. But then he tells me he has trained his dog not to touch my chickens.

I live in upstate ny where the right to farm law is in effect. My village zoning laws say nothing about not being able to keep poultry. It actually says it’s okay to keep all kinds of livestock in any zone. There is also no limit on how many I can keep. The right to farm law covers most of the zoning law in my village.

I breed and sell my chickens. I sell the chicks and the eggs. This has quickly become part of my income since I cannot work outside of my home. I have four roosters and twenty hens. My neighbor is mad that I have named all of my chickens and that I don’t actually know how many I have. I know how many I have but don’t tell him because it isn’t his business.

I’m wondering if I’m in the wrong here at all. If he calls someone down will I get into trouble? Or can I flip the scrip because he lets his dog off leash in a town with leash laws? In the zoning laws for my village it says no animal shall run at large, except cats, unless fenced in properly. My chickens are fenced in but hes afraid his dog will bust through the fence or something. There is also no talking to this guy. He’s an old man stuck in his ways and refuses to listen to anyone who doesn’t tell him what he wants to hear.

Advice? Should I just let it be? My anxiety has me going crazy.

Seems like he’s in the wrong. As long as your chickens are on your property and state laws (unless it’s local laws) state that you can only have a certain amount then you’re doing nothing wrong. He should be able to keep his “trained” dog on his property. And if he doesn’t then call the cops May i ask where you live to see if i can find any local laws that may be in effect for livestock?

 

[Smileybans]

I read through the thread again. Really sharing your frustration and anger. I posted early on in this thread that you needed to secure your fence and fix every hole, and if the dog gets through then it is property damage. I know its not easy, but why don't you have a fence that offers privacy and security? Is it too expensive?

So then, now you have a new coop. Maybe you can fence that off? The 300' minimum is to the neighbors dwelling, not to the property line. That means they should be measuring from your coop to his house for the setback, not to any property line.

You said the inspector is from the Town, but you live in the incorporated village, in fact the oldest village in the county. You need to do a history lesson on where you live and what rights your village board has. I know a town inspector should not have any jurisdiction in your village. I also don't think any village board has the power to be doing what they are doing to you. The village board gets power to regulate certain dwelling aspects from state statutes, and the state statutes for new york do not grant them the right to do what they are doing. It's almost as if they are trying to apply the town ordinances to you, but you live in a village. Their governance does not cover what animals to raise in your property. It simply is not legal for them to have meetings passing whatever rules they like to apply to your private property.

A lawyer should send a cease and desist letter to all of these people. They are harassing you.

Now back to my frustration with you is that why can't you get your fence built so that the neighbor can't even see in your property and his dog can't enter. Build a 6 foot or higher wall between you and keep everyone else off your private property. I think your neighbor would probably be silent if there was a fence, that is if the roosters aren't a problem now too.

You live in a village, but it seems that the definition of village has been lost to all of your neighbors and so called governors. They simply do not have the right to be doing what they are doing, yet they keep pushing more and more. You have to say enough is enough and stop them.

Can they take away your animals? Not likely. Can they pass zoning ordinances banning chickens? That is the question I don't think that the state of NY gives village boards this power. A village is governed by the inhabitants. Your first duty is to build a fence and block your neighbor from property. You need to realize that you are part of the village governance. The so called board only exists with the rights given by the state, the rest is self governance by the dwellers of the village. You know like in friendly town meetings. Most of that history is probably lost, which is sad because you said this land has been in youe family for generations, and these people have you literally crying and begging to leave your own property. The only consoling factor in this should be they are so desperate because they probably realize they do not have the power to stop you from enjoying your chickens.

You’re right. I want a privacy fence so bad. But the price of lumber is so high which means the price of fencing is high. In the village I can only build a fence to 6’. Which is more than enough. But I cannot afford it.

They cannot take my chickens away as it stands now. Until we have a meeting and they try some other crap. I’m just as confused as to why the ordinance officer works for the town. Not the village. I tried to bring it up with the mayor and got no answer. Within the zoning laws for the village it says there should be a code enforcement officer. That is apparently the ordinance officer. They’re also measuring from the dwelling to my run. Not even my coop. Which I didn’t know until the ordinance officer told me.

I’m looking into getting a lawyer. Because all of this feels like harassment. I’m just not sure what I would tell the lawyer. Besides my neighbor hates my chickens and I’m being singled out. At least the board hasn’t told any of the other chicken keepers they need to get rid of their chickens. The ordinance officer cited one person but that was because he saw their chickens. The board isn’t seeking out anyone else. They’re looking at me because there’s a complaint.

I’m not sure where to look for what the board can and cannot do. Would the state know about it? The town? The mayor? Really don’t want to go to him though. He’s an idiot. These people keep everything so secret. There’s a town supervisor, I think he’s the mayors boss even, but I’m not sure if he would know.

I also talked to the ordinance officer about the mayor trespassing. He told me they’re allowed to come onto people property once and talk to us. If we tell them to leave then they have to leave. Key words there are talk to us. Mayor dumbest didn’t do that.

 

[Smileybans]

Seems like he’s in the wrong. As long as your chickens are on your property and state laws (unless it’s local laws) state that you can only have a certain amount then you’re doing nothing wrong. He should be able to keep his “trained” dog on his property. And if he doesn’t then call the cops May i ask where you live to see if i can find any local laws that may be in effect for livestock?

Village of Esperance NY. If you can find more than I can please tell me. I know the thread is long but a lot has been discussed about my local laws already.

 

[CKfarm22]

Village of Esperance NY. If you can find more than I can please tell me. I know the thread is long but a lot has been discussed about my local laws already.

I haven’t read through the whole thing but the only thing i could find is these. In my opinion, you might want to go to the place where you sign up for permits just incase. You could probably go or call them and ask if having chickens on your property is against the town laws. And for the selling of chicks, you might need a permit for that also.

 

[Isadora]

I’m looking into getting a lawyer. Because all of this feels like harassment. I’m just not sure what I would tell the lawyer.

You tell him everything. All the details, how initially the neighbor was complaining about noise and how it escalated into other random stuff. How you've been a good neighbor and never complained about their unneighborly habits, like how their dog trespasses on your property.
Tell him about the incompetent board, the mayor trespassing, The strange wording and outdated paperwork for the ordinances.
A lawyer will be able to take all these details and be your advocate. Or even let you know if maybe you're wrong.
I know for me it's hard to argue my position even when I'm right because I don't enjoy confrontation. This is where a lawyer can really step up and be your advocate, if that's something you're struggling with.

 

[Kyatesw]

I was looking to see if there is a right to farm law in Esperance (which it seems like there is) and I came across this: https://www4.schohariecounty-ny.gov/departments/agricultural-development/ maybe try reaching out? The county has more power than a village and if they are trying to preserve agriculture maybe they can help.

 

[Smileybans]

I haven’t read through the whole thing but the only thing i could find is these. In my opinion, you might want to go to the place where you sign up for permits just incase. You could probably go or call them and ask if having chickens on your property is against the town laws. And for the selling of chicks, you might need a permit for that also.View attachment 2781476View attachment 2781477

You sure you were looking at the village? There’s also a town of Esperance ny. There’s no planned development district in the village. At least that I remember reading about. There’s also no one place where I go to get permits. It’s all at the village hall. Everything is done out of one building.