Owning chickens illegally

[U_Stormcrow]

"within the walls of your house" is likely illegal as well - code across the nation has become increasingly restrictive in the use of "our" homes over the past several decades. Largely with the approval of the surrounding community of homeowners.

Check code VERY closely.

 

[Geena]

Well, it turned out the area had a long defunct HOA which we had never heard of. No meetings were held or maintenance performed, no fees collected or papers signed.

That was most likely not an actual HOA but covenants attached to the deed that impose restrictions on how the land can be used. Many neighborhoods have such covenants that go above and beyond local laws without any HOA. Always best to check for them before deciding to buy a house.

 

[SourRoses]

That was most likely not an actual HOA but covenants attached to the deed that impose restrictions on how the land can be used. Many neighborhoods have such covenants that go above and beyond local laws without any HOA. Always best to check for them before deciding to buy a house.

It was not, it was an HOA. Albeit a very old one that everyone had lost interest in participating in until we came along. They reformed the board and began attempting to impose fees again based on their efforts to keep chickens out of the area. Last I heard before we moved over a decade ago, only a small percent of homeowners were paying those fees because most newcomers had never signed anything.
As you can imagine it was a very big deal for my family and the specifics were much discussed.

 

[SourRoses]

"within the walls of your house" is likely illegal as well - code across the nation has become increasingly restrictive in the use of "our" homes over the past several decades. Largely with the approval of the surrounding community of homeowners.

Check code VERY closely.

As the lawyer informed us at that time, Federal and State laws prevail over local codes and ordinance. A city could enact a rule against any Parrot within the township, but they cannot enforce it within your home due to Federal Laws against unlawful search and seizure. The supreme court has ruled on privacy, stating that a car in your driveway falls under different rules for a search than the same car parked inside your garage.

I completely agree with you that due diligence research is critical.
In the last decade things could have changed. However, we were within our legal rights at the time, proven out by their impotency.

Research should be done not just at the local level though.
There's a reason that they can't arrest people outright for defying local ordinance. They can only issue fines. That's because these are rules, not true laws.
An arrest can only be made on a contempt of court charge after the judge has ordered you to pay fines / come into compliance and you have not followed the ruling.
True laws can only be made at the state and federal level. Only violation of these is "illegal".

 

[U_Stormcrow]

As the lawyer informed us at that time, Federal and State laws prevail over local codes and ordinance. A city could enact a rule against any Parrot within the township, but they cannot enforce it within your home due to Federal Laws against unlawful search and seizure. The supreme court has ruled on privacy, stating that a car in your driveway falls under different rules for a search than the same car parked inside your garage.

I completely agree with you that due diligence research is critical.
In the last decade things could have changed. However, we were within our legal rights at the time, proven out by their impotency.

Research should be done not just at the local level though.
There's a reason that they can't arrest people outright for defying local ordinance. They can only issue fines. That's because these are rules, not true laws.
An arrest can only be made on a contempt of court charge after the judge has ordered you to pay fines / come into compliance.
True laws can only be made at the state and federal level. Only violation of these is "illegal".

I'm well aware of the state of the law of curtilage, and the protections allegedly offered inside the home. Which is different in fact from the way in which it is often practiced by local law enforcement, and evaluated by local judges. The proverbial door is opened yet wider under the State's general police powers in cases of health and welfare - the way livestock are usually regulated. Those powers, as was readily apparent throughout the first years of the pandemic, have largely been devolved by the state to local governance, and in places like FL and TX ("home rule" States), there is limited authority by the State to take those powers back, absent a change in the State's Constitution. Part of why TX has had such difficulties reigning in HOAs. and as SCOTUS has noted repeatedly, the Federal Government has no "general police power", it resides in the several States.

 

[WallyG74]

When chickens are outlawed
Only outlaws will have chickens
View attachment 3207320

 

[Idaho Chicken Bungalow]

dont let them get u!

I too am in the box of shame! I have my speech ready, and it helps our mayor is a chicken lover as well. She's within the limit....me, not so much.

 

[Geena]

It was not, it was an HOA. Albeit a very old one that everyone had lost interest in participating in until we came along. They reformed the board and began attempting to impose fees again based on their efforts to keep chickens out of the area. Last I heard before we moved over a decade ago, only a small percent of homeowners were paying those fees because most newcomers had never signed anything.
As you can imagine it was a very big deal for my family and the specifics were much discussed.

That stinks, must have been some half-assed real estate agents in that neck of the woods. It's their job to know and disclose such things.

 

[Ozarkoak]

View attachment 3216203

HAHAH. space chickens.

>What are you doing?
>Building a spaceship.
>Why?
>Freaking HOA, man.

 

[Iluveggers]

not paying the fines for a couple weeks, they came and got her and she had to spend the night in jail.

Gotta love it. “Non-violent” criminals breaking actual laws are being released now, but keep a few chickens to feed your family, and you are locked up. The drug dealer next door though, he is out.