Backyard chicken regulations? (Austin, Howe: apartments, homeowners association, coop)

[Weatherguy]

Our neighborhood has some very noisy roosters disturbing some of the residents. The city's poultry regulations just say the coop has to be at least 50 feet from residences, excluding the owner's residence. Does anyone know if this means 50 feet from property lines or from the neighbors' homes? The regulations are unclear.

[FalconheadWest]

That would be from an actual residential structure.

[tibbar]

Wouldn't this apply?

Noisy Animals:
An owner or handler may not keep an animal that makes frequent or long, continued noise that is disturbing to a person of normal sensibilities.

[ImOnFiya]

It all depends on the city you reside in, many Texas cities and towns are no regulations on chickens. Some cities like Austin have recently passed regulations allowing hens, but barring roosters. However, some chicken owners have been able to keep their roosters because no one in the neighborhood has complained and/or those persons who have complained moved in after the animals had already been established in the neighborhood.

Please consult your city's animal regulation ordinances (which is normally posted on its website) for more information.

[CptnRn]

Originally Posted by Weatherguy

Our neighborhood has some very noisy roosters disturbing some of the residents. The city's poultry regulations just say the coop has to be at least 50 feet from residences, excluding the owner's residence. Does anyone know if this means 50 feet from property lines or from the neighbors' homes? The regulations are unclear.

Residence = neighbors homes.

Check out this thread Anyone have a chicken coop?

Statesman Watch update: Chickens in compliance in Central Austin | www.statesman.com

I found some additional information on the code requirements for chicken coops.

http://www.amlegal.com/nxt/gateway.dll/Texas/austin/thecodeofthecityofaustintexas?f=templates$fn=defau lt.htm$3.0$vid=amlegal:austin_tx$anc=

Quote:
§ 3-2-16 ENCLOSURE FOR FOWL. An enclosure used to keep two or more fowl must be located at least 50 feet from a residence or business, excluding the residence or business of the fowl’s owner or handler.
Source: 1992 Code Section 3-2-26; Ord. 031009-9; Ord. 031211-11.

Also found this Don't run afowl of urban chicken laws | AustinTexas.gov - The Official Website of the City of Austin

Chickens are fairly popular in certain parts of the city, said Robert Wright, Sanitarian Supervisor for Austin Travis County Health and Human Services. Sanitarians inspect urban chicken habitats when they receive complaints from neighbors, Wright said. To avoid possible complaints and stay within City laws, chicken owners should:

• Keep chickens enclosed somehow – a fence works, but only if the birds are unable to fly over the fence or leave the yard and are maintained at least 50 feet from neighbors’ homes.
• Maintain a coop distance of 50 feet from neighbors’ homes if you have two or more chickens.
• Clean the coop regularly and have a coop large enough to house all the fowl.
• Keep only birds that are quiet or, if you do keep roosters or other loud birds, make sure they are not disturbing the neighbors.
• Avoid running “afowl” of homeowners associations' rules and restrictions. Assure that chickens are permitted under homeowners' association rules.

The regulations seem very clear to me.

http://www.austintech.amlegal.com/nxt/gateway.dll/Texas/austin/title3animalregulation/chapter3-2restrictionsonanimals?f=templates$fn=default.htm$ 3.0$vid=amlegal:austin_tx$anc=JD_3-2-11

§ 3-2-11 ENCLOSURE REQUIRED. (A) A person may not keep an animal, fowl, bird, or reptile in an enclosure unless the enclosure is:
(1) securely built;
(2) adequately sized for the kind and number of animals, fowl, birds, or reptiles housed in the structure
(3) maintained in a sanitary condition that does not allow flies to breed or cause an odor offensive to an adjacent residence or business; and
(4) in compliance with the applicable requirements of this article.
(B) A person shall keep an animal, fowl, bird, or reptile in an enclosure that meets the requirements of Sections 3-2-12 (Enclosure for Small Animal), 3-2-13 (Enclosure for Dogs), 3-2-14 (Enclosure for Livestock), 3-2-15 (Enclosure for Miniature Livestock), 3-2-16 (Enclosure for Fowl), or 3-2-17 (Enclosure for Pigeon or Similar Bird).
Source: 1992 Code Section 3-1-1; Ord. 031009-9; Ord. 031211-11.
§ 3-2-12 ENCLOSURE FOR SMALL ANIMAL.

(A) An enclosure used to keep more than two but fewer than 10 small animals must be located at least 20 feet from an adjacent residence or business, excluding the residence or business of the owner or handler of the small animals.
(B) An enclosure used to keep ten or more small animals must be located at least 50 feet from an adjacent residence or business, excluding the residence or business of the owner or handler of the small animals.
(C) This section does not apply to an animal shelter, veterinary clinic, pet store, or institutional or education research facility.
Source: 1992 Code Section 3-1-2; Ord. 031009-9; Ord. 031211-11.
§ 3-2-16 ENCLOSURE FOR FOWL.

An enclosure used to keep two or more fowl must be located at least 50 feet from a residence or business, excluding the residence or business of the fowl’s owner or handler.

[senormatt]

Has contact been made with the chicken owner? What was their response?

[10scoachrick]

Gotta hate it when neighbors run afowl of the law

[looking2tex]

I guess maybe the rooster at Mcdonalds/Heb parking lot on Will Canon/I-35 NB will have to move...lol
So funny to see a rooster walking around the parking lot.

[OpenD]

I'll never forget the first time I stayed overnight at a friend's place downtown, and was awakened in the wee hours by a neighbor's roosters crowing... in New York City.

They're legal in Manhattan, and they're legal in Austin. You just need to follow the simple rules, and hopefully, be considerate of your neighbors.

[THEDANBOT]

What neighborhood are you guys from with this problem? I live close to Louis Henna and 1325 and there are roosters in the middle of brand new apartments and homes. I think my area/neighborhood is like this forgotten area with no rules anymore. Bahhh