Legal Question in Criminal Law in Minnesota

Prohibited Animals

I received a ticket for having 6 bantam chickens on my property. A neighbor complained to the city. We have a acre of land, but the city ordinance states you must have 2 1/2 acres to keep chickens. We immediately removed the chickens. We are zoned rural residential. Many other family's have chickens on less than 2 1/2 acres. As long as the neighbors don't complain the city looks the other way. This is a misdemeanor charge what should I do besides appear in court on the appropriate day. The chickens were my daughters pets and used as a 4H project. Needless to say my daughter is heartbroken. We did have a rooster.


Asked on 8/01/06, 5:24 pm

1 Answer from Attorneys
Thomas C. Gallagher Gallagher Criminal Defense

Re: Prohibited Animals

Representation by a good lawyer could help.

In general, in city ordinance "land use compliance" sorts of cases, I think it is often helpful to immediately comply with the inspector's or city's request, i.e., get rid of the animal(s); and dieally, make them aware that this has been done. In court, I would emphasize the (presumably) "clean record," and the need to keep it that way, with no conviction and no guilty plea. If the prosecutor is unwilling to offer that, I would set it for a jury trial.

Going to the City Council Member representing the area your home is in, to plead for their help and advice, can often be helpful (the prosecutor's often work for them).

Read more
Answered on 8/02/06, 1:11 pm


Related Questions & Answers

More Criminal Law questions and answers in Minnesota