I just got a notice from neighborhood services regarding a complaint about our chickens. I have 3 small tiny bantams was quite surprised as we have verbally informed all our neighbors and they seemed all cool. Apparently not. I do have them free range all day and one was flying into one the neighbors yards so i clipped her wings and tail and that has stopped. If I keep them in an enclosed run do i still need written permission from the neighbors? Are the city inspectors helpful and able to offer solutions? I do not want to get rid of my girls. I am SO heartbroken. Any experience anyone with this topic. I live in phoenix proper 85028 zoned residential.
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I am so sorry that you are going through this! I may be able to offer some help-
you can look up the city ordinance for the exact wording online. In Mesa (where I'm buying a home) the ordinance reads that 40 feet is measured from the coop/run to the closest neighbor's residence, dining, or sleeping quarters I would start at http://www.municode.com/ that is the webpage where you can read the city of phoenix ordinance. There should be an entire section about keeping animals that are considered "livestock"...if you need more help I can lend a hand :)
There is a distance tool on maricopa.gov that I used to measure my condition before I bought my house, simply go there, click on GIS maps and services, and search your address. Zoom in to your house, turn on the aerial photo, click on the little measuring tape tool, and measure from your coop to their house and see where you fall. If you are within the 80' per the ordinance rules, you could respond to the inspector that you are in compliance with the city's ordinance and then your neighbors don't really have a say anymore. Just do your research and stand your ground and you and your girls can live happily ever after! :) good luck! let us know how it goes!
Here- I've found it and copied/pasted from municode- FYI to everyone else out there municode's website also houses the information for some other valley cities i.e. chandler, tucson, scottsdale, etc.
I think it's unfortunate that they lump poultry and rodents in the same section, *sigh* but nonetheless here are the exact words from the phoenix ordinance-
"Sec. 8-7. Poultry and rodents.
(a) Except as otherwise provided in this article, it is hereby declared to be a nuisance and it shall be unlawful for any person to keep rodents or poultry within the City. No poultry or rodents shall be kept in an enclosure within eighty feet of any residence within the City. Poultry may be kept within eighty feet of a residence if written permission consenting to the keeping of poultry less than eighty feet from a residence is first obtained from each lawful occupant and each lawful owner of such residence. Poultry shall not be kept in the front yard area of any lot or parcel within the City. Poultry and rodents shall be kept in an enclosure so constructed as to prevent such poultry and rodents from wandering upon property belonging to others.
(b) No more than twenty head of poultry nor more than twenty-five head of rodents nor more than twenty-five head comprising a combination of rodents and poultry shall be kept upon the first one-half acre or less. An additional one-half acre shall be required for each additional twenty head of poultry or for each additional twenty-five head of rodents or for each additional twenty-five head comprising a combination of poultry and rodents. For areas larger than two and one-half acres the number of poultry or rodents shall not be limited.
(c) No male poultry shall be kept within the City limits except such male poultry as are incapable of making vocal noises which disturb the peace, comfort or health of any person residing within the City.
(d) All such enclosures shall be kept in such condition that no offensive, disagreeable or noxious smell or odor shall arise therefrom to the injury, annoyance or inconvenience of any inhabitant of the neighborhood thereof.
(Code 1962, § 8-8; Ord. No. G-1207, § 1; Ord. No. G-1367, § 1)"
Thank you so much for the information the measuring tool is very helpful. I haven't had any problems yet but they have gotten to their noisy laying stage yet. :)
just to clarify- I also copied mesa's ordinance below since I mentioned it and I want to make sure I'm giving the whole picture-
FOR MESA RESIDENTS-
(D) It shall be unlawful to keep fowl, rodents, livestock, horses, or mules in an enclosure within a distance of less than forty feet (40') from another person’s residence, dining, or sleeping quarters that was constructed before the construction of such animal enclosure. (4845)
(E) No fowl, rodents, livestock, horses, or mules shall be cooped, stabled, or confined in any building within seventy-five feet (75') from any residence, dining, or sleeping quarters of any other person than the owner. (4845)
8-6-21 8-6-24
(F) All fowl, rodents, livestock, horses, and mules shall be kept in suitable enclosures and shall not be permitted to run at large. (4845)
You are so good at this!....I have had no luck for Tempe...any help would be appreciated!
I am sorry this has happened to another fellow chicken lover. Too bad we don't have each other for neighbors! I guess we'll have to kill 'em with kindness and free eggs one neighbor at a time. =0)
Eva Hotchkiss > Kristin ParsonsJune 5, 2009 at 8:57am
Thanks to everyone for their POSITIVE energy: the inspector just called: Our lot is over 10,000 square feet so we DO NOT need permission from any of the neighbors! Shout Hooray: Imagine this: I am doing the Chicken Scratch Dance! Ya hoo!! Thanks...I am so happy!
That's wonderful Eva, what a relief!!! Good for you and your birdies. Since you have a lot of over 10,000, you can actually have 20 hens if you want. Not to enable you or anything. ;)
Replies
I am so sorry that you are going through this! I may be able to offer some help-
you can look up the city ordinance for the exact wording online. In Mesa (where I'm buying a home) the ordinance reads that 40 feet is measured from the coop/run to the closest neighbor's residence, dining, or sleeping quarters I would start at http://www.municode.com/ that is the webpage where you can read the city of phoenix ordinance. There should be an entire section about keeping animals that are considered "livestock"...if you need more help I can lend a hand :)
There is a distance tool on maricopa.gov that I used to measure my condition before I bought my house, simply go there, click on GIS maps and services, and search your address. Zoom in to your house, turn on the aerial photo, click on the little measuring tape tool, and measure from your coop to their house and see where you fall. If you are within the 80' per the ordinance rules, you could respond to the inspector that you are in compliance with the city's ordinance and then your neighbors don't really have a say anymore. Just do your research and stand your ground and you and your girls can live happily ever after! :) good luck! let us know how it goes!
Here- I've found it and copied/pasted from municode- FYI to everyone else out there municode's website also houses the information for some other valley cities i.e. chandler, tucson, scottsdale, etc.
I think it's unfortunate that they lump poultry and rodents in the same section, *sigh* but nonetheless here are the exact words from the phoenix ordinance-
"Sec. 8-7. Poultry and rodents.
(a) Except as otherwise provided in this article, it is hereby declared to be a nuisance and it shall be unlawful for any person to keep rodents or poultry within the City. No poultry or rodents shall be kept in an enclosure within eighty feet of any residence within the City. Poultry may be kept within eighty feet of a residence if written permission consenting to the keeping of poultry less than eighty feet from a residence is first obtained from each lawful occupant and each lawful owner of such residence. Poultry shall not be kept in the front yard area of any lot or parcel within the City. Poultry and rodents shall be kept in an enclosure so constructed as to prevent such poultry and rodents from wandering upon property belonging to others.
(b) No more than twenty head of poultry nor more than twenty-five head of rodents nor more than twenty-five head comprising a combination of rodents and poultry shall be kept upon the first one-half acre or less. An additional one-half acre shall be required for each additional twenty head of poultry or for each additional twenty-five head of rodents or for each additional twenty-five head comprising a combination of poultry and rodents. For areas larger than two and one-half acres the number of poultry or rodents shall not be limited.
(c) No male poultry shall be kept within the City limits except such male poultry as are incapable of making vocal noises which disturb the peace, comfort or health of any person residing within the City.
(d) All such enclosures shall be kept in such condition that no offensive, disagreeable or noxious smell or odor shall arise therefrom to the injury, annoyance or inconvenience of any inhabitant of the neighborhood thereof.
(Code 1962, § 8-8; Ord. No. G-1207, § 1; Ord. No. G-1367, § 1)"
best of luck!
just to clarify- I also copied mesa's ordinance below since I mentioned it and I want to make sure I'm giving the whole picture-
FOR MESA RESIDENTS-
(D) It shall be unlawful to keep fowl, rodents, livestock, horses, or mules in an enclosure within a distance of less than forty feet (40') from another person’s residence, dining, or sleeping quarters that was constructed before the construction of such animal enclosure. (4845)
(E) No fowl, rodents, livestock, horses, or mules shall be cooped, stabled, or confined in any building within seventy-five feet (75') from any residence, dining, or sleeping quarters of any other person than the owner. (4845)
8-6-21 8-6-24
(F) All fowl, rodents, livestock, horses, and mules shall be kept in suitable enclosures and shall not be permitted to run at large. (4845)
as you can see, each city is different in what they state in their ordinances. The information I copied about from Mesa's city code can be found at http://mesaaz.gov/clerk/CodeBook/Table_of_Contents.aspx
most of these ordinances also talk about the procedures about what to do in the case of a violation.
sorry for the loads of information, I just wanted to try and be clear.
I wish you the best of luck resolving this!
Kristin
I am sorry this has happened to another fellow chicken lover. Too bad we don't have each other for neighbors! I guess we'll have to kill 'em with kindness and free eggs one neighbor at a time. =0)
Judy
Mine is really an A frame tractor partially covered for night time roosting and a nesting box.
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