We have to get rid of our chickens!

[Normark]

Hello

I also invite everyone to watch how people are taking back their rights by challenging Nonsense

Eric

 

[Sonoran Silkies]

Quote:
As was stated elsewhere, it is an interesting philosophy. BUT, it has no actual basis in law. Any government authority that has the power granted to it by a superior authority to create laws, statutes, ordinances and even rules can create any laws, statutes, ordinances or rules that fall within the scope of its jurisdiction, regardless of whether the law (et. al.) makes sense, is logical or not. A school board typically cannot make a rule that streets near schools must be closed while school is in session to avoid the possibility of a traffic accident involving a student--that is outside the scope of their jurisdiction, but they typically do have the authority to set rules relating to school parking lots and pickup lanes that are located on school property. A city usually does not have authority to determine zoning code for adjacent non-incorporated county land, but can incorporate whatever zoning code they wish within their bounds (so long as it does not conflict with higher laws). Whether a law is logical or serves a purpose or the purpose is outlived is often a matter of viewpoint, and frequently a matter of court cases.

 

[Normark]

Hello Sonoran


"As was stated elsewhere, it is an interesting philosophy."


Not a Philosophy at all.. It is how it works

" BUT, it has no actual basis in law."

I believe it does. It for sure falls onto Common Law.

Common Law Trumps Statutory Law, Period.

"regardless of whether the law (et. al.) makes sense, is logical or not."

Not true...

If a bylaw for instance can be proven to be antiquated and non serving it can be struck down. Especially if it is based on Opinion.


" A school board typically cannot make a rule"

Apples and Oranges. We aren't talking about school boards and safety issues...

This is Exactly what I mean,, you are heading into Conjecture and "What If's". We are talking about Chickens. Keep it contained to the topic of chickens.

When you use Conjecture as argument, you may as well take your ball and go home..It's Over...


" Whether a law is logical or serves a purpose or the purpose is outlived is often a matter of viewpoint, and frequently a matter of court cases."

Exactly ! and by "viewpoint" you mean Opinion. You cannot validate a law based on opinion. It must be based on Fact !

Why Can't I have Chickens in my yard ?

"because the bylaw states that you cannot"

Fine. " Why does the bylaw state I cannot have chickens in my yard? " " I want to know Specific Reasoning!"

If they cannot state Legitimate reasoning for having a law, then it is Arbitrary and Meaningless. The law cannot be enforced with Circular Reasoning.. It must be based on Fact. What "fact" that was used to enact it, may not ring true today.

There are Thousands of laws still on the books that are antiquated, dating back decades, a Century or more...

Are they still valid today ?? Some maybe,, most though do not fit the era... As with the chicken laws. At best it needs a thoughtful overhaul and be brought up to the times of the standards we live by today.

Not so black and white when you take it apart piece by piece,, is it ??

Peace
Eric

 

[Sonoran Silkies]

Actually, statute trumps common law. And that is the way it works in these United States of America. Whether you like it or acknowledge it, that IS reality.

 

[Normark]

Hello Sonoran

""Actually, statute trumps common law. And that is the way it works in these United States of America. Whether you like it or acknowledge it, that IS reality.""

You are Absolutely and Utterly ....
Incorrect!

Statutory law is based on Case Law. Case law comes from Common Law, Common Law sets the standard by which statutory law operates for. Common Law still Rules over Statutory law because it IS the law.

Common Law is still in effect and still can be used in court, if you understand how Common Law works.. LOL

I'm not arguing with you on this.. I'm trying to teach you something, of which you clearly have no idea.

This can be used correctly as a plausible defense against a bylaw that no longer has validity...Use it or Don't use it,,however at least Inform yourself on your rights..

http://www.diffen.com/difference/Common_Law_vs_Statutory_Law

http://en.wikipedia.org/wiki/Statutory_law

http://www.ourcivilisation.com/cooray/btof/chap185.htm

You will find Very few lawyers you operate under Common Law, or even understand it for that matter.. It's simply Not what has been taught to them in law school. It's however still as valid as the day it was formed.

Believe it or Not,, it is your Choice

Peace

Eric

 

[oneofseven]

I think I will go take the BAR exam now. I feel as though I be edumakated now.

 

[Normark]

OneofSeven


Quote:
Laugh if you like.. I don't much care...

Are we all playing on the same team here or am I missing something?

If you'd rather me keep my mouth shut, simply say so, and you can continue the fight for your chickens without me.. Matters not to me. I've spent a Great deal of time on this. I've supplied supporting links. It's up to you to do your own research on what I've said.. Do your own due diligence and inform yourselves on your rights.

I'd rather not waste any more time if no one is interested in hearing what I have to say. If you insist on heckling me I welcome you to prove me wrong...

Peace

Eric

 

[oneofseven]

Quote:
Laugh if you like.. I don't much care...

Are we all playing on the same team here or am I missing something?

If you'd rather me keep my mouth shut, simply say so, and you can continue the fight for your chickens without me.. Matters not to me. I've spent a Great deal of time on this. I've supplied supporting links. It's up to you to do your own research on what I've said.. Do your own due diligence and inform yourselves on your rights.

I'd rather not waste any more time if no one is interested in hearing what I have to say. If you insist on heckling me I welcome you to prove me wrong...

Peace

Eric

No insult or heckling intended. I was in Law Enforcement for 8 years. I know how the law works. Things were just getting a bit too heavy on this thread and needed lightening. This issue is very serious and it does affect us all.
Keep up the good work.

 

[FarmerMel]

Your horrible neighbor has NO LIFE WHAT SO EVER! I hope they read this thread and realize how ignorant they are!

Keep fighting and I hope you win!!! GO CHICKENS!

 

[The Burg Peeps]

We are trying to sell our home. We actually put an offer in on a farm house on 2 acres of land and hope to get out of our stuffy subdivision. Although, we have received many supporters in our neighbourhood. The chief complaint at this point is people thinking my 4 hens are attracting all sorts of wildlife. Plenty of research tells us that this is a myth, but my neighbours can't be bothered with actually educating themselves and feel the need to simply spew their verbal vomit to everyone who passes by them. We have had a record amount of rain locally and this has caused some vermin and such to come out of the bush... located across the street form my house, and into the subdivision. Funny how they seem to think 4 hens are the cause of the increase in wildlife when common sense and history tells us that too much rain flushes animals out of the ground and bush and into our neighbourhoods. But apparently my 4 hens are a more likely cause... NOT! Hopefully we will sell our home and get some reality and real life in the country!

Thanks for all the advice and support! It is very much appreciated! If I have learned one important lesson in all of this it is that Chicken people are good people.

Peace.