Legal Question in Criminal Law in California

animal noise

mu neighbor has a rooster that crows every morning at 4:30. we all have 3 acres of land and his rooster and chickens are on the back part of his land closer to my home than his. I live in Granite Bay, CA. is this legal. JT Dalton


Asked on 7/15/09, 12:14 pm

2 Answers from Attorneys

Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: animal noise

The roosters where I live crow at midnight. Maybe this phenomenon has something to do with Global Warming.

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Answered on 7/15/09, 12:33 pm
Brian McGinity McGinity Law Office

Re: animal noise

My first question would be have you tried talking to your neighbor about the situation? You may find an easy solution just by talking with them about it. However, if that does not work then you might consider checking to see if you are part of a homeowners association. If you live in Granite Bay and each house or home has three acres there is probably still some type of homeowners association for the neighborhood. If there is an association they will have a set of "CC&R" which are the community regulations and they generally control the activities of the area. These regulations will probably address the issue since other people probably own roosters as well or this issue has been raised before. If you find that there is no homeowners association and therefore no rules, then you might want to check the zoning regulations for your area. If it is zoned for farm animals then the rooster crowing might be considered reasonable and therefore foreseeable and that means it probably is within the law or zoning regs for the area. However, if it zoned in such a way as to regulate or prohibit some type of animals or any certain noise levels you may find there is something you can do about it. If those ideas do not work, just call the Police and make a complaint. They may consider talking to the neighbor and that may take care of it. Good Luck

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Answered on 7/15/09, 3:55 pm


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