Hi Everyone,
I live in a small town on the edge of town in Texas. I have chickens in my backyard. I have had a few run ins with animal control about some of my younger hens who jump the fence when they first learn how to fly. In the last incident they came into my yard and there were no visible fece's or smell. I use pine bedding and Food grade DE in my yard and hang trays with Whitefly in the trees. I also use a rake, hoe and broom to sweep the area where my hens play and sleep every day. Many people have commented on how clean it is. I even had a Detective come to my home on a "visit" She kept peeking and straining to try to get closer to see in my backyard.. I thought it was funny and I invited her in to view it and their hen house. How my Roosters were housed and the overall general cleanliness, health and appearance as well as, the proper disposal of waste. She seemed genuinely impressed at how clean everything was and how healthy my hens and Rooster's were. It is common in this area for people to raise, sell and fight Rooster's. Just the thought of it terrifies me. As mine are like my little "no arms" children. It is illegal and I hope they catch them all! However, someone had called in on me stating that I was raising and fighting Roosters! I was astonished. After the investigation the Detective told me they could not find any indication of abuse, uncleanliness or even a sale of one of my birds.(I have never sold one..their my babies.) She could find no signs of injury to any of my Rooster's. Interestingly, enough two days prior to her arrival...someone broke into our house. They did not steal much but a cellphone and some misc items but they did let two of my Roo's out of their cages and left the backyard gate open. I had not gone far. I returned to find all my hens roaming around the front yard and calling out to me that something was wrong. I noticed the door had been jimmied and broken and called the police. When I reached the back yard I found my two young Roo's bleeding with a few cuts but nothing too serious. One of them was having trouble breathing...they had been poisoned! My hens appeared unharmed. Fortunately, these two Roo's were brother's born of the same brood and played and sparred with each other their whole lives. Though, they were getting rougher with each other with maturity, hence the separate pens. They were standing less than three feet from each other and neither appeared aggressive both appeared ill. Lil Red made it two days and died form poisoning and the Detectives had animal control pick him up for the autopsy that I demanded and offered to pay for.
The animal control officer informed me that the only way I could keep them is if they were pets that lived inside my house! Also, I have to be 200 feet from any other residence. I am 201 feet from the resident who complained because of my Roosters crowing early in the morning. I now must house them inside my house. or so they tell me. The other house is 199 feet. These neighbors do not complain and have had a horse, heifer and presently I am raising five baby chicks for them until they make some preparations for them. The following are the only guidelines I was presented with by the animal control officer who threatened me with stiff fines if I do not get rid of them. That was several months ago. I have a neighbor in the city limits with goats, geese, lama's and horses two blocks away. Many of my neighbors live closer to town than I do and are not 200 ft from a residence. We have had these "Pets" for many years with no complaints. Now because my husband had an argument with a neighbor over a non chicken related issue this neighbor is making waves. What can I do? I will not part with my babies and I cannot afford the fines, Though the city clerk informed me if I do get them that I can just make payments...then she asked me How long do chickens live? I do not know and it doesnt matter because I will have more if they did and I would endlessly pay fines I guess. My guest room in my house is where they sleep in their cages at night. I would like to know how could I go about establishing a petition and how can I try to get the city ordinance changed. I have many friends and neighbors on this side of town who feel the same way. The Detective even went to the neighbor and told him to stay away from me my property and my chickens and that if any more items were shot into my yard like BB's and pellets or rock as they had been doing that charges would be filed. She also told me she would give a statement for the condition of my birds and housing. Any idea's? I am desparate. They won't let me keep them in the hen house. So I have to keep them inside until after egg laying time and do not let the Roo's out into there outside pens until late afternoon. This seems to have temporarily resolved the situaion as they are not disturbing my neighbors with their crowing however, its very disturbing inside our home. I am getting used to it. My family thinks I am crazy now...and I am starting to wonder...but my babies are worth the fight. To me they are my children and I am not going down without a fight. Even if it means jail time.
Here is all I could find in the City Ordinance
Sec. 18-3. Game birds and fowl.[/b]
(a) It shall be unlawful for any keeper of game birds or fowl to allow the game birds or fowl to run at large.
(b) Game birds or fowl shall not be kept, maintained or possessed in any building, pen, yard or enclosure, the exterior limits of which are within 200 feet of any occupied dwelling, other than the dwelling of the owner/keeper of such bird or fowl.
(c) It shall be unlawful for any person to maintain, possess or operate any place, building, enclosure, pen or yard exceeding in size, singly or in the aggregate, 2,500 square feet for the keeping, commercial breeding, raising or sale of any game birds or fowl within the city limits.
(d) Every building, pen, enclosure or yard in which game birds or fowl are kept shall be maintained in a clean and sanitary condition at all times. Litter and droppings shall be disposed of in such a manner as not to permit fly-breeding or an unsanitary condition.
(Code 1970, § 6-37)
Sec. 18-4. Animal nuisance.
It shall be unlawful for any person to cause or maintain an animal nuisance in the city. For purposes of this chapter, the term "animal nuisance" is defined as:
(1) The keeping of any animal, which, by causing a frequent or long, continued barking, cry or noise, shall disturb any person of ordinary sensibilities in the vicinity.
(2) The keeping of any animal in such a manner as to:
a. Endanger the public health;
b. Annoy neighbors by the accumulation of animal wastes which cause foul and offensive odors, or are considered to be a hazard to any other animal or human being; or
c. Allow the continued presence of the owner's animal on the premises of another.
(3) All animal pens, stables or enclosures in which any animal may be kept or confined which, from use, have become offensive to a person of ordinary sensibilities
Sincerely,
Motherhen
[email protected]
- Lets help change it! If someone out there has some experience with the wording of zoning ordinances and wanted to look it over the new draft I could email it to you to look over. It's a pretty long ordinance and most of the wording seems to give the city lots of reasons to prosecute you if they choose to, sort of a- well let you have chickens, but, if we don't like you we will find a reason to say no. At least it's a step in the right direction though.
