We got the waiver for our ducks

[dawnjoennikki98]

Hi everyone.
My name is Dawn and we've been fighting to keep our ducks. If you google my name, dawn stover, or my daughter's nikki vuille, or nicole vuille, you'll see alot of press. fair haven new jersey.
this has been a horrible, stressful 5 months or so, but it's finally over for the most part, and we won! here are the conditions! i think they are all good, except the periodoc inspections with no prior notice. Let me know what you all think! i am in serious need of help to do all the work. I was going to do the gravel and sand months ago, but couldn't spend the money if i didn't know if we'd get the waiver..

COUNCIL OF THE BOROUGH OF FAIR HAVEN
MONMOUTH COUNTY, NEW JERSEY
RESOLUTION

Motion by: Councilman Lucarelli Second by: Councilman Peters

AFFIRMATIVE: Councilmembers Lucarelli, Marchese, Peters
NEGATIVE: None
ABSTAIN: None
ABSENT: Councilmembers Banahan, Koch and Wilhelm
RESOLUTION #2011-84

TITLE: RESOLUTION OF THE BOROUGH OF FAIR HAVEN GRANTING A WAIVER TO THE PROPERTY OWNERS OF 18 SOUTH WOODLAND DRIVE, BLOCK 67, LOT 11 FOR SIX (6) DUCKS


WHEREAS, Ordinance 5-18 prohibits the harboring of certain animals within the Borough unless a waiver is granted by the Mayor and Council; and

WHEREAS, the Mayor and Council have conducted public hearings on this issue and have consulted with the neighbors of the property; and

WHEREAS, the Mayor and Council make the following findings of fact:

1. The property of the applicant is sufficiently large to provide an opportunity for screening of the duck enclosures from the sight of neighboring properties.

2. The enclosure is located sufficiently remotely from adjoining property owner’s home so as to provide for an appropriate screening of the enclosure.

3. The property line nearest the enclosure is fenced, and enclosure will be screened based upon the conditions imposed in this approval.

4. The ducks will be contained in an enclosure during the day and in a shed at night.

5. The ducks are currently full-grown, and will not multiply or otherwise become a greater burden on the owner and neighborhood then they are at the current time.

6. Although the ducks were obtained without prior permission of the Borough, there have been no other complaints against this owner for violations of this or any other Borough Ordinance.

7. The applicant’s property is in the R-40 zone, providing for larger lot sizes.

8. The Borough Council has been made aware of some personal issues for which the ducks serve some purpose that they are not being kept solely as a novelty pet.

9. The Applicant has agreed to certain conditions, set forth below, which are designed to alleviate any burden on adjoining property owners.

NOW, THEREFORE, BE IT RESOLVED, by the Mayor and Council of the Borough of Fair Haven, County of Monmouth, State of New Jersey, that the waiver for six (6) ducks at 18 South Woodland Drive, Block 67, Lot 11 is hereby granted subject to the following conditions:
1. The existing outdoor enclosure shall be given a layered “floor” of sand, pea gravel and sand.

2. The enclosure shall be screened on the west side with plantings that are to be at least as high as the enclosure. Other screening on the North and South sides shall be done with plantings or fencing to the greatest extent possible.

3. The enclosure shall be cleaned daily, including the pools and water sources. The pools shall be emptied nightly and scrubbed at least weekly.

4. All food shall be stored above ground, in containers that are inaccessible to animals, specifically raccoons and/or rodents. The food, especially open containers, shall be removed from the outdoor enclosure nightly.

5. The ducks shall not be permitted to roam outside the enclosure, and shall not be permitted in the water source or stream at the rear of the yard.

6. There shall be no breeding of ducks.

7. There shall be no more than the six ducks that currently occupy the property permitted. In the event a duck dies, it shall not be replaced.

8. The area of the enclosure and shed and backyard shall be neat and clean, so as not to be an attractive nuisance to other animals.

9. All required building permits for the enclosure are to be obtained.

10. The Humane Society, ASPCA or other entity shall conduct an inspection of the facility to determine its adequacy for the keeping of the animals.

11. All provisions of the noise ordinance shall remain in effect.

12. All ducks shall be certified healthy annually by a licensed veterinarian.

13. No sale of eggs.

14. All efforts shall be made to reduce the potential for noise, odor, attraction of wild animals, and at no time shall this approval or compliance with these conditions authorize the creation of a nuisance or maintenance of an obnoxious condition.

15. All other provisions of Borough Ordinance 5-18.7 shall be complied with, including an annual re-application to the Council as set forth in the Ordinance.

16. The Code Enforcement Officer and Health Official of the Borough of Fair Haven shall make periodic inspections to ensure that these conditions are being complied with. The property owners will provide access to the Borough Officials without prior notice.

17. Procurement by the property owners of all zoning permits and approvals for the use and structures on the subject property.

18. The conditions as set forth in this Resolution shall be complied with within thirty (30) days of its adoption.


I, Allyson M. Cinquegrana, Municipal Clerk of the
Borough of Fair Haven in the County of Monmouth
and the State of New Jersey, do hereby certify that the
foregoing is a correct and true copy of a resolution
adopted by the Mayor and Council of the Borough of
Fair Haven in the County of Monmouth in the State
of New Jersey at a meeting held on April 25, 2011.

_____________________________________
Allyson M. Cinquegrana, RMC
Municipal Clerk

 

[wyoDreamer]

Congratulations on getting your waiver. I have been following your story and

Sounds like your daughter has done an excellent job of convincing the council to give her a chance to be a great duck mom. She sounds like she is well on her way to becoming a strong, self assured young woman and you have every right to be very proud of her.

 

[Sore Thumb Suburbanite]

Great job! Lots of rules to comply with though, I'm sure you can both make it work-you have come this far!

*Remember ducks don't necessarily need to have access to a body of water to be well managed...it just makes them happier and keeps their feathers in better shape. Just a thought since you have such specific regulations on your pools.
Personally, I just fill my small pool for them for 2 days a week, drain it the evening of the 2ond day into my garden and have less to deal with during the rest of the week.

 

[KlaHaYa Gardens]

I have only seen this thread and have not followed your situation at all. Perhaps this is an improvement for you, but I would be SERIOUSLY ticked off at what the city is "offering".

Have you consulted an attorney?

Agreeing to their terms, MAY obligate you and limit you where they otherwise could not dictate such harsh terms. Just think, one night in the hospital and you may be in violation and lose your "waiver". This is not a home owner's association.

Have you read your state constitution for any rights you have or violations the city is making?

Seems very UNREASONABLE.

I wish you the best.

If you haven't consulted an attorney, get one! Preferably one who has "some" knowledge of birds, etc.

 

[dawnjoennikki98]

Thank you everyone for your kind words!

Some great points you all have made. I would love to get an attorney, but I am flat broke.

. And half of the councilmembers and the mayor are attorneys..... so i was kind of assuming they were following the rules, but who really knows? I've never ever needed an attorney for anything, so I don't really even know how that works. But I agree the conditions are very extreme, and I feel like we're under a microscope. If they can come any time to check my property and my animals, why don't they do that to everyone who has animals? Why can all the dogs and cats in the neighborhood not be confined to a pen, and they are more dangerous than my ducks. <sigh>

 

[KlaHaYa Gardens]

Yes, they are extreme.

Yes, you are under a microscope.

You have been set up to fail -- I can assure you this was deliberate by the "attorneys" you naively think are "following the rules" -- whatever that means. I'm not saying it this way to be snide or mean, but attorneys learn how to interpret things a variety of ways.

These attorneys you mentioned are politicians, which almost certainly compromises any integrity they may have ever possessed even as an attorney. (And don't get me wrong, I'm one of the few who actually likes attorneys.)

NOT ALL attorneys would charge you. Call your local bar. Then call the names provided one-by-one and ask someone to take the case pro-bono.

1. Have the "waiver" available to email the attorney/law firm while you are on the phone with them. Be ready! You will only have 2-5 minutes to convince the attorney if he or she takes your call.

2. Have a list of recommendations for raising water-fowl from a reputable source, especially highlighting any recommendations that contradict those requirements in your waiver. If they don't contradict, then at least highlight the extremes of the waiver requirements.

3. Have a list of similarly situated communities where ducks ARE allowed. Try to draw the picture how this council is EXTREME and out of line relative to other communities.


LASTLY, don't give up. Call the attorneys until one accepts your case. I am confident you can find one. There are a variety of reasons why an attorney would do this. Sometimes attorneys are looking for such cases but can't find them.

Good luck.