# backyard chickens-  a sure way to get you in trouble with your town



## gregbesia (May 11, 2012)

Ok, so my wife buys 6 chickens back in March. My sons and I build this chicken tractor ,we have lots of fun while doing it.
 About 2 weeks ago while i was out of state (job) this guy rings our door bell , id's himself as "code enforcement officer" and tells my wife that one of our neighbors called the town hall and complained about our chickens. Turns out that to have chickens in this town ,one needs to have at least 2 acres of property. We have 1 acre.
 My problem is that no one here owns 2 acres, except places like lowes or stop and shop, also , this is not Manhattan or LA or even Long Island. This here is a small town with out opera, theater or even a shopping mall. Frankly , I dont get why they have this laws on the books. 
 We are still waiting for the final verdict so - wish us luck
 thanks for letting me vent


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## jimbom (May 12, 2012)

gregbesia said:


> ....I dont get why they have this laws on the books...


Drop by the city clerks office and ask for a copy of the actual ordinance that was passed.  Not the code book codification of the the ordinance.  The passed and signed ordinance will have a bunch of Whereas:  Whereas: etc statements in the beginning.  They will tell you the official reasons.  While you are there, chat up the clerk and find out the real reasons.

With chickens, you will probably find out someone had a rooster that started crowing at 3:00am and the owner wouldn't do anything about that.  Therefore, the elected city officials passed an ordinance.  Ordinances can be revised by the current elected officials.


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## peakbagger (May 12, 2012)

Unfortunately for every 9 responsible chicken owners there is the one moron who does it wrong and impacts the neighbors. Its a lot easier to pass a law banning them, then to put detailed regulations in place to deal with the one moron. Realistically 1 acre is small  for chickens if you are in development with minimal screening between lots.


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## coaly (May 12, 2012)

I'm rural and have an ordinace against "livestock" requiring 5 acres per animal, and one acre for each additional animal.

FOWL is not "livestock" so there are no restrictions on chickens. Depends on how it's written. Most towns have an ordinace against roosters since there is no way to place the coop with enough setback from the property line for noise.

Many around me have goats, or pigs, or horses on only a couple acres and nothing has been said. They're grandfathered, but when an animal dies it's not supposed to be replaced. The ordinance was written due to someone sacrificing goats in their garage in the township. I think they'll let us "normal" people alone.


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## Adabiviak (May 12, 2012)

Nice neighbors. Maybe lazy or skittish about confronting you? I have neighbors with a few chickens within fifty feet of my house, and if I had a problem with them, I'd start by talking with them about it.


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## Mrs. Krabappel (May 12, 2012)

So sorry.  Nice coop.  I've also an acre, and I've been pretty lucky with the neighbors.   When I had to fence my chickens after a wandering dog attack, the neighbors started coming here to visit the chickens because they missed them.   I have 2 roosters and they are really reasonable.  A lot quieter than a chain saw or a lawn mower.  A lot quieter than the 7!! terriers within earshot.  

I don't know why anyone would complain about a handful of hens in that pen.   Other than they need therapy.


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## Mrs. Krabappel (May 12, 2012)

If you want to fight it, I recommend joining backyardchickens.com and sorting through their many, many discussions on this topic. 

My brother in rural Florida had his new insurance company limit him to 10 chickens!?!  His neighbor has emus and horses for goodness sakes!


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## gregbesia (May 12, 2012)

Thanks to everybody for kind replys. I guess that if they dont like my chickens I just continue with collecting firewood so I can build a nice firewood wall around my property.


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## PapaDave (May 12, 2012)

Possible cityfied sensibilities brought to the country.
Lots of stories of new developments next to farms where the new homeowners don't think they should have to deal with the smell, noise, or whatever.
Good friends of ours who LOVE having goats, chickens and all sorts of animals. They had some Guineas that ended up as chicken soup/stew due to the noise they made. None of their neighbors had complained.
Noise is in the ear of the beholder. Something like that.


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## baratta930 (May 12, 2012)

Our town (Carbondale, IL) just passed an ordinance permitting chickens in town.  A friend was the main push behind convincing our city council.  They are limiting the number of permits during the first trial year to just a few households and you need a permit PER chicken (i.e. if a chicken dies you can't replace it without getting a new permit).  At least he got the council to agree but no guarantee that more permits will be released next year.

He hopes that after the first year they'll relax the rules but the main one that everyone agreed on was no roosters.  Some dufus will get unsexed chicks and end up with a bunch of roosters that piss off his neighbors and that'll probably be used as the excuse to not extend the program.  We'll see.

I definitely like your coop, very nice design.

Berardino


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## Backwoods Savage (May 12, 2012)

To tackle the problem of the ordinances, one needs to attend some township meetings. There are regular meetings of the board monthly and the Planning Commission usually meets quarterly. Best guess is to attend a regular meeting and then go to the planning commission. Have some facts and some good arguments in hand before you attend and don't let the emotions get in the way of good argument.


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## Crane Stoves (May 12, 2012)

sadly...towns can impose whatever ordinances they deem fit at any given time for the safty, well being and preservation of the town (some stick and some do not if they are attempting to override state or federal laws), but in terms of chickens... Im sure you can apply for an "exception" or "variance" from the board of health or whatever dept. your town says to apply to (talk to the clerk at town hall).

The problem is most towns/people frown on giving variances "after the fact", so it might be better to remove everything until you do this properly from step 1. I cant see a reason not to allow this for you except... (if you have ZERO roosters AND provided you DO NOT live in a subdivision)...one of the many drawbacks to living in a nice clean newer neighborhood subdivision is they dont tell you all the covenants that may go along with living there before you buy its just all the smallprint on those closing doc's you signed at the attorney office when you bought LOL (IE: no vehicles with commercial markings are allowed, no animals other then cats or dogs, etc.). other then that as long as you keep the chickens on your property, have a fenced area and enclosure and keep it clean and at least 50' from your home and neighbors then i dont see what problems they would have????

The first thing i would do is talk to your neighbors and be nice and forthcoming and ask each of them if their is anything you can do to make them feel comfortable with you having fresh eggs and a few chickens... you will find out who made the complaint and you may be able to avoid a battle simply by communicating and confronting your neighbors now (instead of at a town hearing). remember what your momma told you you catch more bee's with honey then vinegar (its wise advise when it comes to city hall and neighbors)


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## BrotherBart (May 13, 2012)

We are on five+ acre lots here. A few years ago the lady on the next place came walking up and asked if I would have a problem if they raised chickens. She said the county said she had to get the adjoining neighbors' buy in and she didn't want to get the birds and then have me call the county on her. I told her I had no problem with it and if they became a big problem I would just fling a possum in the pen some night. Weirdest look I have ever seen.

She got her chickens and they didn't bother anybody.


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## Mrs. Krabappel (May 13, 2012)

!!


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## BrotherBart (May 13, 2012)

~*~Kathleen~*~ said:


> !!


 
Ya have to know her to fully appreciate it. And all eleven kids.


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## btuser (May 13, 2012)

I'd have a problem with the 11 kids in the school system.  The chickens can stay.


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## Mrs. Krabappel (May 13, 2012)

chickens provide for the table at 5 months.   And you get to cull the boys


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## BrotherBart (May 13, 2012)

btuser said:


> I'd have a problem with the 11 kids in the school system. The chickens can stay.


 
All home schooled and the nicest kids you would ever want to meet. Orderly house the only time I was in it. Nice cars, don't know how they do it. For thirty years as good a bunch of neighbors as I could wish for. Mostly because I seldom see them. Been a few parties when mom and dad were away.  Years ago another neighbor ask them how many kids they were going to have and the reply was we will have them as long as we can.

She has always looked really tired.


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## yooperdave (May 14, 2012)

Good fences make good neighbors.


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## btuser (May 14, 2012)

~*~Kathleen~*~ said:


> chickens provide for the table at 5 months. And you get to cull the boys


 
Somebody get that axe away from her avatar.



I'll be back here in case you need help.


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## firefighterjake (May 14, 2012)

yooperdave said:


> Good fences make good neighbors.


 
Good neighbors make good neighbors.

I like my neighbors . . . but then again, I think they also like me.


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## nate379 (May 14, 2012)

So does a shotgun, bag of lime and a shovel. 



yooperdave said:


> Good fences make good neighbors.


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## firebroad (May 14, 2012)

Great looking chicken ark, by the way!  Maybe you can appeal for a variance, maybe have you girls classified at pets?
Shame the complainant didn't say something to you first, you could have bribed him/her with a promise of occasional fresh eggs.
I am planning on keeping a couple of hens or a beehive when I retire--I also plan on asking the neighbor if he would have any objections first, as County code here also states 1 acre per animal.


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## Mrs. Krabappel (May 14, 2012)

btuser said:


> Somebody get that axe away from her avatar.
> .


 
Yah they don't let me take it to work.


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## PapaDave (May 14, 2012)

nate379 said:


> So does a shotgun, bag of lime and a shovel.


 
3 S's. With a U.


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## nate379 (May 14, 2012)

I thought the same too, but one a few houses down has been acting like a jerk lately. I get the feeling they are jellous of the stuff I've bought in the last 4-5 months... ZTR mower, couple cars, some outside home improvements, etc.
Didn't seem to stop him when he needed crap welded up a while back though.

All in all I think it's funny.  I don't have to justify what I buy to anyone but myself and my wallet!



firefighterjake said:


> Good neighbors make good neighbors.
> 
> I like my neighbors . . . but then again, I think they also like me.


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## SmokeyTheBear (May 14, 2012)

One needs to see what the actual ordinance is and if the town actually has the authority to make such a law. 

Think state level overrides, they exist.  

Then if you discover the town does have the authority, you need to find out if the town uniformly enforces the law, if they haven't in the past you can get a judge to toss that portion of the town's ordinances out.  They can not do enforcement in a different manner for different people.

All that having been said going to them for any form of variance with unclean hands usually gets you nowhere quickly.

We won't discuss HOAs and other such items.


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## gpcollen1 (May 16, 2012)

A town can grant a variance to anything at a meeting, zoning meeting is what I assume here.  biggest issue with chickens is roosters really.  See if you can get it to the public meeting - zoning or whatever.  Have your neighbors come in support of you.  Then you can find out if the neighbor opposed is brave enough to speak in public and identify him/herself.

Good Luck!


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## gregbesia (May 16, 2012)

Thanks for great advice


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## Bad Wolf (May 21, 2012)

Where in central CT are you? I'm down off of rt 2. I think there is an ordnance that applies in town but I'm not sure about the outlaying sections. 
I’ve got 9 and they stay mostly in the yard. I find a dozen fresh eggs to the neighbors every now and then helps.
If they shut down everyone that had chickens in town, it would probably be around a hundred. I know of at least three others within a ¼ mile of me. 
See who else has chickens in your town; I’m willing to bet you’re not the only one.


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## StuckInTheMuck (May 21, 2012)

No chickens in Boston.. for now..

http://www.boston.com/yourtown/news/roslindale/2011/07/boston_denies_chicken-raising.html


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