My Rights vs Rights of Others

[speckledhen]

My attitude about this question always has me pegged as impolite or a bad neighbor or whatever, but I have some real trouble with my rights to own chickens for the use of my family (legal chickens, not outlaw) being superceded by someone else's perceived right to not hear a rooster crow or a hen cackle. This is just for discussion; No, I'm not having neighbor troubles, but with all the city folk moving into the county, it may come up one day, especially as my elderly neighbors pass on and new folks move in.

I would imagine many of you live in a place like this. My county doesn't have zoning. Even the sketchy covenants just say I cannot have pigs or have a mobile home on the property and that's about the gist of them. There is no association nor would I live in a neighborhood that had one. I live in a rural agricultural area in the mountains on over five acres with maybe 250 ft between my house and the houses of two neighbors in different directions. Among annoyances I live with that come from my neighbors are dogs left outside barking many nights, cats roaming and tearing open my garbage bags and spraying noxious fumes all over, guns firing after dark, ATV's roaring around on our private roads, jeeps driving in circles for entertainment, loud music on all holidays, etc. My property is perimeter fenced, 2 of the 5 acres anyway, in addition to separate pens for my birds within that perimeter, but I have four roosters that do crow early in the a.m., sometimes extra early if something unusual happens. They are in enclosed coops at night, but in summer, when windows are wide open, the sound will carry more than in winter. To propagate new birds, I must have roosters. Roosters crow. I have a friend whose covenants stated that she could keep and breed chickens for her family's use. This was out in the country, not suburban at all. The neighbor complained about her one rooster crowing, calling animal control out over and over, citing the noise ordinance. She ended up getting rid of her rooster. I would not have. I'd have fought it to the bitter end.


My county ordinance makes no mention of poultry other than to say I may kill an animal that is attacking animals, people or poultry on my property. There is one ordinance about animals making nuisance noise particular to their species(though no mention of poultry) being disallowed--the exact ordinance is below in the quote box. My question is this: if someone were to complain that my roosters crow at night and they want it stopped, but I can legally have all the roosters and chickens I want here (we're not talking hundreds), why would their right supercede mine? Why would the noise they generate be not be counted as obnoxious and the rooster noise would be? When I tell folks that if someone asked me to get rid of my roosters because they don't like the crowing, that I would flat-out refuse because I'm legal and keep them in clean conditions, they say I'm not polite or am unfeeling toward my neighbors. I disagree.

In addition, there is this feeling among many folks that anyone wanting to have a few legal chickens should ask permission of all the close neighbors simply because it involves chickens. I don't know why I should ask permission of neighbors to own chickens when it's within my legal rights to do so. No one has ever asked me for permission to get another dog or cat and I can't see it ever happening. Dogs are left outside to bark all night long (God forbid they bring them in the house or lock them in a shed for the night, sheesh) and cats roam freely, breeding, spraying and ripping up my garbage bags and their excrement is deposited within my property lines, so seems that if I must ask permission "to be polite", then so should they. We both have a right to our animals and I wouldn't dream of telling them not to have them. I sort of feel like this--If the posted legal speed limit on your county road was 35 mph, would you go to each neighbor along that road and ask them for permission to go 35 mph? Discuss amongst yourselves.

Sec. 1-8. Animals disturbing the peace.

It is unlawful for any person to allow any animal in his possession or
control to persistently or continuously bark, howl, or make noise
common to their species or otherwise to disturb the peace and quiet of
a generally accepted residential neighborhood or subdivision. It shall
likewise be unlawful to keep or maintain such animals in such a
manner as to produce noxious or offensive odors or to otherwise
endanger the health and welfare of surrounding inhabitants.​

 

[dacjohns]

Quote:

You sure said a lot but at first glance this one thing popped out at me. See bold text above.

What makes a generally accepted residential neighborhood or subdivision? That sure leaves a lot for interpretation. When does a subdivided rural area with large lots meet the definition?

I would say if you are rural and not in a generally accepted residential neighborhood or subdivision then your chickens and dogs can make lots of noise and no one can do anything about it unless there is a state ordinance that takes priority.

 

[SilverPhoenix]

I agree with you, and I don't think it's rude at all. You have a right to own livestock, unless your chickens/roosters cause constant, incessant noise pollution, and I don't think annoyed neighbors should have the right to take that away. In most circumstances (ie, massive amounts of chickens in a small space), chickens are not that disruptive.

I live in an area that's zoned agriculture, and my neighbors have been jerks about my birds in the past. It was partly our fault to a point, but long story short we had to move our coop and it cost us over $500 to do so. If anyone threw any more of a fit about my birds and wanted me to get rid of them, I would fight to the bitter end to be able to have my chickens. They aren't disrupting anyone more than my neighbors disrupt me, I only have two roosters, and while I do have guinea fowl and ducks and they can be a little noisy at times, it isn't more than our one neighbor who blares music loudly enough for the whole neighborhood to hear clearly, or when the people across the street have swearing, screaming matches that I can hear over the TV. My chickens are well-cared for, loved, and they aren't hurting or disturbing anyone in any significant way.

I really dislike the attitude of non-chicken owners that chickens are these disruptive, loud, smelly, gross animals that they want nowhere near their esteemed property. Chickens aren't worse than dogs, and they're really quite pleasant most of the time when properly cared for.

It's so bizarre to me when people treat their property and the property around them like it's sacred ground, and have a fit when someone does anything nearby that they consider disruptive by their warped perspectives. We have a lot of those types around here, and it really bothers me. Yes, we should all have a reasonable right to not having neighbors who, for instance, chainsaw things twelve hours a day, or have twelve barking dogs stuffed in a dog kennel, or have three hundred chickens packed in a shed, but getting all upset about roosters crowing a few times a day? Please. :rolleyes

 

[Tala]

My chickens and roosters make a heckova-lot less noise than some of the city sponsored events at the city park (which is 3 houses down)

They were so loud over there one evening with a band at the park, unbeknowest to me that it was a city event, I called the cops (non emergency number) to complain about the neighbors on the next street over since that's where it sounded like it was coming from!!!!

There are a lot louder things in the city - teens squeeling tires, or jamming bass, etc.

 

[seminolewind]

Okay, if anyone asks, my roos crow at night when they hear dogs barking, and loud motors.

I wish people would do their research before they move to the country. They think country is like the country on tv, and never consider people have livestock and poultry out there. They think it's so nice to see cattle in the fields, and horrified to find out that they are there being raised for meat.
I had a neighbor in NY who had to build a house across from mine. I lived on a dead end street , and the entrance to miles and miles of undeveloped dirt roads and trails. His duty in life was to take over the trails. Where 10-20 horse owners used these trails, he had signs posted "no horses on trails". He had the town block the dirt road with a hill of dirt to keep out anything but hikers; (the hiker or two I saw once a week). If a horse pooped on the street between our houses, he would come to the door and tell my DD to clean it up! it wasn't my horse, but it didn't matter, I had a horse, therefore I was responsible for horse poop, LOL. I used to dump my horse manure in the woods, rake it out, and every few months throw some grass seed on top of it. You couldn't see it from the dirt roads. He told me to stop seeding because that type of grass wasn't part of the natural flora. Meanwhile, LI had a deer problem, deer starving in the winter because there were so many, and being hit by cars, etc, and eating everyone's landscaping, and he and his wife attracted more deer by putting out food for them!
The most unfortunate thing was that these dirt hills that he got the town to put in also prevented the fire engines from getting back there during dry spells.
That's my rant.

 

[seminolewind]

Oh yea, and asking neighbors permission is like letting them know that they have some power over what you want to do.

 

[harryg6167]

I guess that is something I have not thought about too much. Between our property and my grandfathers adjoining property we have about
35 acres that my chickens and guineas can free range on. I did have 2 nutty roosters that would crow ALL NIGHT LONG...DID HAVE. (Igave them plus 2 more away last week)
Looking at the ordinance though unless they crowed persistently or constantly,it seems like there should not be a problem. And how could someone hear over all the other racket.
When we did have neighbors they did not complain as they had chickens and roosters also.The only complaint I had was my rooster left for my
neighbors hens.
Really hope I never have neighbors too close by again.

 

[speckledhen]

My property is on a small mountain, way over the heads of one neighbor (the one who makes the most noise, including cutting six acres with a tractor that makes roaring noise every Friday or Saturday for hours and travels uphill, as sound tends to do, but he has to cut it, so...) and the other is down my driveway, across the road and up on a slight embankment. As I said, there is no zoning in the county. Ours is in what may be loosely called a subdivision (not residential) because some guy from Florida came up here, bought a farm, divided it into lots and sold them off to all his friends from the same FL town for teeny monthly payments. The roads are all gravel and only the one coming into the development is maintained at all by voluntary donations of the folks who live in here and scraped by the man nextdoor with the tractor on occasion. They are all pretty hard packed and on bedrock so don't really need much except mowing occasionally.

The covenants are very loose, there is no association, though the man seems to think he still owns it or manages it and cuts down my blackberry patches on MY property when no one is looking.

(Hey, rich guy, us poor folks have to gather our food where we can find it!

) One neighbor has a tiny cabin, plus two outbuildings plus an outhouse (decorative) all on the front of her property, all painted sky blue, which looks weird in the woods here, and all he said was "It looks like a village", LOL. Most who have bought in here after the original owners have no idea that there are restrictions-I knew to ask since I was a realtor for years
The restrictions say:

1. Out parcels (1 & 2) are not subject to the following restrictions (Note: those belong to his grown son who raises pigs, chickens, cows and lives in an old and not well-maintained mobile home )
2. Lots shall be used for single family residential purposes only. (not sure what those mean, exactly, except no businesses, maybe-we are not zoned residential or anything else in the county)
3. Permanent location of mobile homes is not permitted (Excess of six months)
4. No lots shall be re-subdivided.
5. Plans for residences, utility buildings and barns shall be submitted to and approved by the developer (or designee) prior to construction. (no one has done this and everyone has buildings all over--the man lives in FL half the year anyway)
6. Pets will be permitted (excluding pigs) if maintained so as to avoid constituting a nuisance.
7. All lots shall be maintained in a neat and orderly manner. (how neat? Who says what's orderly?)
8. No conduct creating obnoxious noises will be permitted. (who says what's obnoxious?)
9. All lots are conveyed subject to the 40 ft road easement as shown as well as a reservation for all public utilities.​

 

[redhen]

Quote:
Ditto.... I never asked my neighbors permission.

 

[redhen]

I have the same sort of question...
We have no town laws on having chickens or roosters. I called..theres nothing on the books. All they said was..it shouldnt be a problem..unless someone complains.
Now WHAT does that mean? If there are no laws... am i protected if someone complained? I live in a one horse town..and the officials here tend to have this "i can do what i want to you attitude..because i know people...and i can make up laws any time i want" attitude.
So my fear is...if someone does complain...where is my protection?