A Roswell couple’s desire to house two chickens as pets have placed them in a tussle with the city’s code enforcement office and their homeowners association.
Architectural board members from the Willow Springs subdivision recently told the couple — Jianchu Jia and Yueyi Yu — that their chickens, Xioa Hua and Xiao Hei, are not allowed as house pets.
The Chinese nationals have been in the Willow Springs subdivision for 15 years and were ordered to remove the chickens from their home on Roxburgh Drive. The HOA cited concerns about Avian Flu and the possibility that the chickens could attract coyotes to the neighborhood.
To expedite the chickens' removal, the HOA called in the city's code enforcers, who visited the couple earlier this month. The couple was told to remove the animals within three days or risk a citation from the city.
John Goodhew, a Willow Springs HOA board member, declined to comment about the situation.
Joe Rosen, a former special agent for the FBI who is now an immigration lawyer, is representing the couple pro bono. Rosen argues there are inconsistencies with the HOA's protests against the animals and city polices, which he says allow chickens as pets.
“The two chickens are hens and do not constitute a nuisance,” Rosen said, adding they would not pose a health threat or lure coyotes to the subdivision.
The couple keeps the chickens for fresh eggs on a daily basis, and “there is no smell, noise, and they remained caged at all times," he said.
Under the HOA's design standards, no animals —including birds, reptiles or insects — may be kept unless as household pets, and not for commercial or rescuing purposes. Poultry, not including roosters, are permitted as a "limited use" in single-family detached homes, according to Roswell's code enforcement guide and use tables.
Credit: Joseph H. Rosen Immigration Law Group
Credit: Joseph H. Rosen Immigration Law Group
The city's current wording on sections related to uses in residential districts leaves unclear whether or not planned residential districts, like Willow Springs, are allowed to have chickens.
In an email to the AJC Tuesday, city attorney David Davidson wrote that planned residential districts are not mentioned in the table for residential districts, which might cause confusion. City staff is preparing an amendment to the use table for city council's review, Davidson wrote.
Aside from the HOA's confusion of the zoning ordinances, Rosen also believes the contention stems from cultural differences.
The family still observes many of the customs from their home country, which many of their neighbors may not understand, Rosen said. "My guess is that if this was a white couple with a dog, this wouldn't be an issue," he said.
Roswell has experienced a similar scenario with residents keeping chickens as pets. Andrew Wordes, also known as the "chicken man" feuded with city officials for years over the right to keep chicken on his property. The legal battle came to a head when Wordes decided to blow up his home when faced with eviction.
Davidson said the couple has not been issued any citations by code enforcement.
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