n By Brett Rowland Staff Writer
Hollister – What’s good for the gander of bleary-eyed, sleep-deprived rural residents, might not be good for the goose, or in this case, rooster, some local farmers contend.
Two San Benito County poultry producers are challenging the legality of the county’s crowing fowl ordinance claiming that it violates animal cruelty laws, their property rights and damages their businesses.
The ordinance, which went into effect last month, limits the number of crowing fowl allowed on an individual’s property and regulates the housing of the noisy birds. It requires property owners to get a permit if they have less than 11 crowing fowl. Those with more than 12 birds, are required to go before the planning commission to get a conditional use permit. The ordinance also requires the fowl to be housed in such a way that does not create a nuisance, such as in a sound-proof enclosure or behind a sound-proof wall.
Local poultry producers Frank Del Carlo and Jimmy Hayhurst filed the complaint against the county earlier this month in San Benito County Superior Court. Attorney Bill Marder, who represents both men, alleges in the complaint that the ordinance inadvertently deprives Hayhurst and Del Carlo of their property.
“This ordinance basically has the effect of depriving them of their property because it won’t work. It’s not healthy for the birds and it’s cruel to put them in a box,” Marder said.
The complaint, which is a precursor to a lawsuit, seeks $720,000 in damages from the county for the lost revenue and alleged inadvertent condemnation of Hayhurst’s and Del Carlo’s property.
Marder also asks for a local judge to rule on the legality of the issue, alleging that the ordinance violates state laws prohibiting animal cruelty and is therefore unenforceable.
