I need help. Yesterday I received a letter from the Town official of Code Compliance.
This is what they wrote:
The town of Gilbert received a complaint regarding roosters, chickens, and ducks being kept at property you own or control at ….
The property in which you reside is located in a SF-6 residential zoning district, the Land Development Code section and table 2.103 states the Animal Raising, Non-Commercial, is not and allowed use in such a district.
I acknowledge that the property at .... is noted in the Maricopa Assessor records as being in excess of 8000 sq ft, but the code relates to the established zoning district and does not examine each property individually.
The definition of "Animal Raising, Non Commercial" is: the keeping, grazing or feeding of fowl or animals not for profit (chickens, pets or otherwise, are classified as fowl). Pets??? Would that mean dogs and cats too??This sounds confusing. And "not for profit" can I argue they profit my life, my wellbeing so they are being held for profit?
Therefore, it is being requested that if you do have such animals at your property that they may be removed. An inspection will be conducted in two weeks from the date on this letter to check for compliance.
If you disagree with my interpretation of the code, you are at liberty to request a zoning interpretation from the Zoning Administrator. This can be done by submitting a letter setting out your argument, observations, conclusion, exibits, etc, together with a fee of $305, and sending this to the Town.........
So for me to respond and make my case I would have to pay the Town $305 first???
2 years ago I started to raise chickens as a means for a healthy source of protein and nutrition through their eggs, and as a first step towards self-sustainability. I had found information that the lot size has to be bigger than 8000 sq ft (mine is almost 12000 sq ft). I have plenty of room to develop my urban farm and become more an more independent of main stream living. I have planted over 100 Moringa trees and still have plenty of space to grow fruit trees and veggies. Little by little as my health allows I add on to my independence, my urban farm. Now after 2 years I receive this letter that all my fowl have to go. Yes, the rooster was an accident he was suppose to be a hen chick when we bought him. But I also likes the idea of possibly hatching my own chicks. Well now as the letter states the zone SF-6 refers to a neighborhood district that lots size are about 6000 sq ft mine however being the biggest in this zone at just shy of 12000 sq ft has to comply to the SF-6 zone regulations. This is of course all according to “Town regulations”.
I totally feel violated on my own property that is so big not to reap the benefits that others in this Town reap that have this size of a lot. (not to mention being told what is acceptable even though it goes totally against being free to choose how to feed myself and sustain myself). Especially being on food stamps and really wanted to get away from needing them as a means to provide food for my self and my daughter. I also intended on selling my extras at local farmers markets to provide for us.
I am not sure if anyone is out there that could help me fight my rights to become self sustainable and sovereign. I live in Gilbert Arizona and not sure what rights and laws I could use to help my case.
Thanks for reading,
"Do what makes your heart sing"
The following user(s) said Thank You: Michael Harrah
Yes rooster is going but I am not sure what he means about inspection. DO I have to let a city employee on my property, into my back yard?
Contacting the mayor is doable but I can't afford a lawyer. remember I just trying to get away from needing food stamps. Hate being a burden on the tax payers and go through the humiliation when having to reapply.
I had watched some of the links here about common law but not sure if that would help me or if it is even possible here in the US since the videos show her being from Canada.
Well maybe I get more info from members that have more knowledge than I do about the common law or what I need to do.
"Animal Raising, Non Commercial"
Ask for their definition of "commercial" as you are, or intend to be commercial. Selling chicks. They won't come around and count chicks so make up the numbers to comply - and pay the income taxes on the the supposed income (minus the expenses)
If you only intend to do eggs - ditch the rooster.
Welcome to the 21'st century - do not comply - where you can !!
The following user(s) said Thank You: veritas, sevenrays
Sorry to hear this Sevenrays. I, too, live in a county that is literally insane with power. They annex people's land for open space -- a nice concept, having lots of open space and park trails - but they do it at the extreme expense of the homeowner (ie, steal their land). It goes on and on... Anyway, I have no knowledge that can help, just wanted to commiserate and say sorry this is happening to you.
damn, wish I could be more helpful - roosters make all the noise -and are NOT necessary for egg production - <sigh> - I have one rooster and 8 hens. The rooster is great for keeping the hens safe, and so on, but if I didn't have a rooster, neighbors would have no idea I had chickens!
Maybe after all this is over, you can do a rooster-less flock.
When they show up, I would conditionally accept their offer [ the note / complaint they sent you ]
upon proof of claim, than you are making any profit at all from the operation!
[ you may want to put that conditional acceptance of their offer in writing and send it to them
also keep a copy for your records. but you also need a friend to teach you how to talk to these people
with their legalese and how to defend yourself....I'm not a fan of this democracy, I'm a fan of the old
school republic. my experience with the democracy is they are always looking for ways to take our money
and there's never enuf money for them either!!!]
which means, they have to prove you are a business and are selling these animals for profit! [ can they? ]
and if they cannot prove it, then they have no legit claim against you!
you have these animals for YOUR OWN PERSONAL USAGE>>>PERIOD!!!
I WOULD NOT TRUST the tv folks....sorry
Too many times an honest complaint gets stopped at a different level at a tv station.
You MAY want to talk to the local town newspaper...but you better be sure he isn't
attached at the hip to someone in power you don't care for!
You should make a case with your neighbors if you don't know who they are.
You would do well to get to know a former jailhouse lawyer...they are usually well versed
with contract law and how to defend oneself when confronted with these kinds of
documents that just flusters the avg joe on the street.
As far as the rooster goes, I kinda enjoyed hearing a rooster crow in the wee hours
sure beats the ugly mechanical beep beep beep beep....and that was in nashville tenn!
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