Legal Question in Civil Litigation in Washington

Noisy roosters

My neighbor has many chickens and roosters which roam over his and his neighbors property. He does not keep them fenced. The main problem is the rooster crowing which begins at 0440 every morning and wakes me up. The crowing continues throughout the day by multiple roosters.

My enjoyment of home is greatly affected by this.

I live in Island county just outside city limits.

Thank you,

Robert


Asked on 2/09/05, 12:44 pm

1 Answer from Attorneys

Elizabeth Powell ELizabeth Powell PS Inc

Re: Noisy roosters

Hello: You need to first look at your county zoning ordinances related to chicken-keeping. Start at www access wa gov, and follow the links to island county, then to Island County Ordinances related to livestock and domestic animals. Read them carefully.

Then, find out if your county has a humane society or equivalent agency that enforces rules related to keeping animals, and explain to them what's going on with your neighbors chickens. See what they have to tell you.

You have a state remedy called private nuisance because the chickens interfere with your quiet enjoyment (that's a legal term of art) of your property. Whether or not you can enjoin your neighbors to keep the chickens quiet turns on a number of factors, and it is not a slam dunk. For example, did you move to the neighborhood before your neighbor did, or were they there first? How long has this been an issue? Have you ever told your neighbor before now that this is a problem for you?

You may want to also contact your county's Center for Dispute Resolution and your neighbor and go see if there is some way to work this out to respect everyone's rights. But first, review the county ordinances and the humane society rules and see what your rights are.

Good luck.

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Answered on 2/09/05, 2:51 pm


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