Solano County Supervisors' rule over ...

Solano County Supervisors' rule over rooster limits has local men crying foul

Posted in the Vacaville Forum

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Since: Aug 10

San Jose, CA

#1 Aug 20, 2011
A rule that property owners in Solano County cannot own more than four roosters without a business license has one owner fighting mad.

The rule, approved in April by the Solano County Board of Supervisors, is aimed at cracking down on the rampant increase in cockfighting in the region.

However, rural residents Neftali Rivera Jr. and his father, Neftali Rivera Sr., insist they are being unfairly targeted by the new regulation. The pair say they don't participate in cockfighting and should be able to keep their chickens.

The two own 60 roosters and 40 hens on property off of Clark Road between Vacaville and Dixon, which they say they raise for hobby, pleasure, show, poultry, eggs and to sell. They filed a lawsuit against the county late last month claiming their civil rights were violated when the board voted in favor of an ordinance that limits the number of roosters one can have on their property.

County Counsel Dennis Bunting said supervisors will receive an update on the pending litigation when they meet Tuesday in closed session. He confirmed that no one appealed the board's 4-0 vote last spring restricting the number of rooster on properties. Supervisor Jim Spering did not attend that meeting.

The lawsuit was referred to outside council, Attorney Terence Cassidy with law firm Porter Scott in Sacramento.

Bunting added that the Riveras are the only ones to complain about the ordinance.

In the lawsuit, the Riveras claim their "agricultural activity, operation or facility" was in compliance with all land use requirements, rules and regulations when it started operating more than three years ago and should not be considered a nuisance as a result of a changed condition in or about the locality.

The new ordinance does exempt FFA and 4-H projects, and approved-in-writing hobbyists. As an enforcement ordinance, it also provides for criminal sanctions and gives the district attorney the discretion to charge a violation as an infraction or as a misdemeanor.

A zoning ordinance was already in place that required owners to have a permit in order to have five or more roosters at any given time. Before the new rules were approved, the zoning ordinance also limited the number of total chickens that a person can have on their property to 100.

Bunting explained at the board meeting in April that the original zoning ordinance had a goal of assisting citizens in becoming compliant, however, the approach failed because there was, he said, an unwillingness of property owners to be in compliance with county code.

Neighbors along Clark Road have complained about the Riveras for years, in particular the nuisance of hearing hundreds of roosters crowing all day.

The Riveras, however, said they're not trying to annoy their neighbors and have the roosters and hens housed hundreds of yards away from nearby homes.

The Riveras, according to their lawsuit, have invested "substantial money" creating the facility and enforcing the new regulations is "unreasonable, oppressive and unwarranted interference with an existing legal use for which a substantial investment in development costs has been made, and completely deprives (the Riveras) of their beneficial use of their property."

They also contend that a notice of the board meeting was not published in a timely manner and didn't contain a general explanation of the matter to be considered by the board.

The Riveras believe the ordinance violates the Fourth and Fifth Amendments to the United States Constitution and goes against, among other things, the guarantees of their right to both substantive and procedural due process of law, freedom from unlawful and unreasonable seizure and regulatory taking of the Riveras' personal and real property rights.

The Solano County Board of Supervisors meets at 9 a.m. in the County Government Center, 675 Texas St., Fairfield. The lawsuit is set for its first hearing on Nov. 14 in Judge David Power's courtroom.

“<3”

Since: Jun 10

Black Rock City, NV

#2 Aug 20, 2011
What does civil rights have to do with the number of roosters one raises? LMAO. Antwan the Opinion must step in and mete out justice!
Barbara

Vacaville, CA

#3 Aug 20, 2011
Granny Loves America wrote:
What does civil rights have to do with the number of roosters one raises? LMAO. Antwan the Opinion must step in and mete out justice!
Granny has raised many cocks in her day. LOL

“<3”

Since: Jun 10

Black Rock City, NV

#5 Aug 20, 2011
It appears that JerkoMax, a virgin when he married, has only had one woman as a bed partner in his whole life, the others have been plastic. Now, as for the men in his life, there have been many. Here a gym, there a porta potty, and so it goes.

RandMan

Since: Dec 08

Location hidden

#6 Aug 21, 2011
Barbara wrote:
<quoted text>
Granny has raised many cocks in her day. LOL
Yeah, well a good woman can do that.

Hey!! How come you don't call people "fancy boys" anymore? I always got such a big chuckle out of a homo calling a homo a homo! Did you let that one slip from your repoirtoire? Too bad! I liked laughing at you whenever you said it.

I have to ask. Why are you calling yourself Barbara? Is that supposed to be a slam against Barbi, or do you just enjoy referring to yourself with a "hot, sexy" female name? Does it make you feel pretty? You can tell us, we won't laugh.(Well, OK, I will laugh.)

“<3”

Since: Jun 10

Black Rock City, NV

#7 Aug 21, 2011
We're talking about you d*&khead.
Barbara wrote:
<quoted text>
Granny has raised many cocks in her day. LOL
Antwan

Vacaville, CA

#8 Aug 21, 2011
Granny Loves America wrote:
We're talking about you d*&khead. <quoted text>
Barbara is a new one hon. Come on, get current. It is pretty funny though. As we all know, good humor does have a grain of truth in it.

“<3”

Since: Jun 10

Black Rock City, NV

#9 Aug 21, 2011
Another personality for you only. I'm not offended. How many cocks have you raised?
Antwan wrote:
<quoted text>Barbara is a new one hon. Come on, get current. It is pretty funny though. As we all know, good humor does have a grain of truth in it.
Antwan

Vacaville, CA

#10 Aug 21, 2011
That's right, remember, all Vacaville ISP posts are from only one person. Got it.

I can not respond to such a salacious question, it might excite you.

“<3”

Since: Jun 10

Black Rock City, NV

#11 Aug 21, 2011
Can't you finish anything, smeggy? LMSO at you, dummy.
Antwan wrote:
That's right, remember, all Vacaville ISP posts are from only one person. Got it.
I can not respond to such a salacious question, it might excite you.

“<3”

Since: Jun 10

Black Rock City, NV

#12 Aug 21, 2011
The topic is roosters, not your mental problems. Okay, go.
Antwan

Vacaville, CA

#13 Aug 21, 2011
Granny Loves America wrote:
The topic is roosters, not your mental problems. Okay, go.
Right, roosters...got it. COCKadoodle dooooooo!

“<3”

Since: Jun 10

Black Rock City, NV

#14 Aug 21, 2011
Maybe if you tap that lump attached to the top of your torso against something, you'll understand.

Have you ever raised a rooster?
Antwan wrote:
<quoted text>Right, roosters...got it. COCKadoodle dooooooo!
Antwan

Vacaville, CA

#15 Aug 21, 2011
Have you?

“<3”

Since: Jun 10

Black Rock City, NV

#16 Aug 21, 2011
Frequestly asked and anticipated question, smeggy. Please tell us your answer.
Antwan wrote:
Have you?
Antwan

Vacaville, CA

#17 Aug 21, 2011
You first

“<3”

Since: Jun 10

Black Rock City, NV

#18 Aug 21, 2011
No, special education students first. Go ahead.
Granny Loves America wrote:
Frequestly asked and anticipated question, smeggy. Please tell us your answer. <quoted text>

“<3”

Since: Jun 10

Black Rock City, NV

#19 Aug 21, 2011
I asked the first question. Answer it.(Hint: It's this thread).
Antwan wrote:
You first
Antwan

Vacaville, CA

#20 Aug 21, 2011
So...you first.

“<3”

Since: Jun 10

Black Rock City, NV

#21 Aug 21, 2011
You can't read can you?

The question: What does civil rights have to do with this?
Antwan wrote:
So...you first.

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