Owning a chicken can bring many benefits such as a fresh supply of eggs, a natural pest control and can even help you live a more sustainable life. If you’re thinking of owning a chicken in Rochester, it may be easier than you think.
Rochester is one of the most lenient when it comes to owning chickens. Surrounding areas allow them, too; check the town or county ordinances posted on the municipality’s site.
But what if chickens from your neighbor are always coming onto your property — and you think they are a nuisance? Talking with your neighbor usually helps. Although, if they roam free it can be hard for anyone to get them to respect property lines.
However, even if they have you seeing red, don’t shoot them. You’d be surprised who needs to hear this message.
Bottom line: Don’t shoot chickens
Even if your neighbor’s chickens are ruining your lawn, you cannot shoot them legally in New York state. Doing so may result in criminal charges, fines or lawsuits.
The best course of action is to set boundaries, not traps, and call animal control before you call a lawyer.
Chickens are property, not pests, in New York
In New York, chickens are legally considered private property. Harming them can fall under animal cruelty statutes, even if they’re on your land.
According to New York Environmental Conservation Law section 11-2117, it is illegal to kill or injure another person’s livestock or domestic fowl, including chickens, without the owner’s permission, regardless of where the animals are at the time.
This means that shooting them, even in your own yard, could expose you to criminal charges.
Possible charges? Animal cruelty or worse
Under New York Penal Law section 353, intentionally harming an animal without justification can lead to misdemeanor animal cruelty charges. In more severe cases, if the act is considered especially cruel, you could be charged with a felony under section 353-a for aggravated cruelty.
Beyond criminal charges, you could also be sued in civil court by the animal’s owner for damages.
Here’s what you should do instead
Start by speaking with your neighbor to let them know their chickens are trespassing. Many people aren’t aware their birds have wandered. If that proves ineffective, there are alternative options.
Sometimes, a chicken owner in good faith might offer you fresh eggs from time to time, as a thank you for putting up with their cluckers. Also, you could befriend the wandering hen. Chickens can become fairly friendly (or at least tolerant of you) over time with careful approaching.
It’s interesting to watch their foraging patterns and to listen to the variety of sounds they make (unless it’s a crowing rooster!)
Or you can call your local animal control office to offer guidance and resolve the situation. In some towns, repeated animal trespass is enforceable through local codes. City of Rochester Animal Services can be reached at (585) 428-7274.
Rochester NY rules about chickens
Here are some of the rules around owning chickens in Rochester:
— Kerria Weaver works as the Government and You reporter for the Democrat and Chronicle, with a focus on how government actions affect communities and neighborhoods in Rochester and in Monroe County. Get in touch at kweaver@gannett.com.
This article originally appeared on Rochester Democrat and Chronicle: Don’t shoot the chickens! Backyard advice for neighbors in Rochester
Reporting by Kerria Weaver and Michelle Grisales, Rochester Democrat and Chronicle / Rochester Democrat and Chronicle
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