My Chickens Busted by Code Enforcement, What do I do Now?



My Chickens: Busted by Code Enforcement, What do I do Now?

CLUCK gets calls and emails from families whose chickens have been turned in to the authorities  (busted) and they have now been served notice that the birds have to go. This essay attempts to provide guidance.

Underlying your situation are your chickens (including how they are managed) and how that does or does not conform to the applicable local laws and codes. But how your situation will be resolved depends on the behavior of three players: yourself, the complainants, and the enforcers.

Now, if your birds are being managed in conformance with local laws and/or the people that know you have them don’t mind or don’t care, then you have no serious problems. Similarly, if there is no enforcement where you live, it doesn’t much matter if you are in compliance or not. So no one factor or player determines the outcome – it is the interaction of all three.

But if you are either out of compliance or some people that know you have them wish you didn’t then you may have a serious problem. Below you will find a strategy guide based on the three factors or players, but if you do have a problem, here are five first steps you need to take:

A) Familiarize yourself with the applicable laws, ordinances, codes, etc. 
B) Clean up your act -- take any easy steps to minimize perceived problems
C Document your situation -- get some persuasive video footage of your situation
D Rally your allies -- look for neighbors or others that support your right to have chickens
E) Develop your strategy -- one approach: use the table and guide below to see where you're at

Choose the best number from each column to end up with three scores -- such as 3-1-2 or 1-3-1. Then match your score with the 27 suggested approaches below.


3-3-3 This is just a misunderstanding. Work with your neighbor to address their concerns knowing you are in the right.

3-3-2 This is just a misunderstanding. Work with your neighbor and code enforcement to demonstrate you are coloring inside the lines.

3-3-1 Chickens may not be the real issue. Document your chicken compliance and chip away at other concerns.

3-2-3 People are ganging up on you and your chickens, even though you are in compliance. Work with those objecting and see if there isn't another issue involved.

3-2-2 People are ganging up on you and your chickens, even though you are in compliance. Document that your managing your chickens properly and get code enforcement to confirm that.

3-2-1 You are in the right, but you've got a bunch of people on your case. Consider the possibility that your chickens are not the real issue.

3-1-3 Someone is upset, but you are in the right and the government is not likely to pursue it.

3-1-2 The complaint is an aggravation, but an understanding code compliance officer should get you off the hook.

3-1-1 This is an awkward situation -- you are doing nothing wrong, but people are on your case and there is little you can do to appease them. You may need a friend in high places (or an attorney) to straighten this out.

2-3-3 This is solvable. Make some changes to address your neighbors concerns and come into compliance -- you may end up with no rooster or fewer birds, but you can still have chickens.

2-3-2 This is solvable. Make some changes to address your neighbors concerns and demonstrate to code enforcement that you have come into compliance -- you may end up with no rooster or fewer birds, but you can still have chickens.

2-3-1 Placating your neighbors will be easier than satisfying code enforcement. Document the changes you've made, but be prepared to talk to a supervisor if your efforts are not recognized.

2-2-3 Placating your neighbors will be a challenge, but you can do it. Its really about neighbor relations.

2-2-2 Placating your neighbors will be a challenge, and you'll have to convince code enforcement as well.

2-2-1This is going to be difficult -- you not only need to change your operation, but satisfy people that are hard to please AND code enforcement.

2-1-3 Someone is on you case and you need to make some changes, but it doesn't look like the authorities are going to be involved -- your challenge is figuring out who you have to please and how.

2-1-2 This is going to be tough, but if you make the changes to come into compliance and get code enforcement to sign off, you can probably weather the storm of complaints.

2-1-1 This is the toughest score that stands a good chance of ending up with chickens. Make changes to come into compliance and then hope you can get code enforcement to get on your side and affirm your right to have chickens.

1-3-3 You are not supposed to have chickens, but if you can please/appease one neighbor, you can probably make it work.

1-3-2 This is going to take some luck. Technically you cannot have chickens, but if you can please whoever turned you in, code enforcement may look the other way.

1-3-1 Your success will depend on whether you can please your complaining neighbor and then convince code enforcement to forget it ever happened -- probably a low probability outcome. Prepare to farm your birds out somewhere.

1-2-3 You're not supposed to have chickens and some people are out to make sure you don't, but lax enforcement may allow you to slide by.

1-2-2 It doesn't matter how understanding code enforcement is, you're not supposed to have chickens and people with the rules on their side are likely to push it.

1-2-1 Looks like your birds will have to go.

1-1-3 Pray for a miracle -- you're not allowed have chickens, some folks are out to get you and your only real hope is that code enforcement doesn't pay much attention to your case.

1-1-2 Having an understanding code enforcer may not be much of a help when you consider what is lined up against you.

1-1-1 This is the worst case scenario. You need to face facts -- either the birds go or you will be subject to fines.

This is a work in progress that we hope to add to it, adding specific strategies, but it seemed better to get it up and available even in rudimentary form than to delay posting it.  If you have suggestions, feel free to comment.

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