A neighbors complaint once again…Guilty-for chickens?!?

“If you think you’re safe from false charges, you’re delusional. This is the way it has ALWAYS worked. Somebody files a complaint (neighbor, police, acquaintance, etc.) and one has to defend oneself from the charges. The biggest change I’ve seen in recent years is the number of people willing to just pay the fines and/or agree to plea deals instead of fighting AND the number of people who want everyone to do that and won’t support those who do fight back. We, the people, gave the government an inch (traffic fines) and they are taking a mile (ordinance violations with jail time).”~PJ Boosinger

http://www.offthegridnews.com/2013/05/06/guilty-man-sentenced-to-jail-for-keeping-chickens/  

GUILTY: Man Sentenced To Jail For Keeping Chickens

By the fall of 2012, Garden City police officers had been on Randy’s property several times after being called by the same neighbor. No charges were filed as a result of the visits. One anonymous complaint cited a noisy rooster on the property—Randy did not even own a rooster.

When the neighbor called to complain about a skunk found on her property, three police offices in two separate cruisers arrived on the scene. The law enforcement officers reportedly told Randy to do something about the skunk. The neighbor had reportedly told them that Zeilinger had set the wild animal loose in the yard to spray her.

The officers allegedly made Randy go get the skunk, which wound up being a baby so young its eyes were barely open. After “capturing” the little creature, Zeilinger was cited for keeping an unlicensed animal. He ultimately found a home for the baby skunk with a wildlife rehabilitator.

During the trial, many residents testified in defense of Zeilinger, noting that he was a good neighbor. No one who spoke during the hearing claimed the chickens had ever been a nuisance except the woman who had complained about Randy for many years.

Michigan’s Right to Farm Act reportedly supersedes local laws. Randy should never have been subjected to such intrusions on his freedoms and property rights. Local officials should have remained in compliance with the Right to Farm Act and supportive of the self-sufficient efforts.

An excerpt from the Right to Farm Act reads:

“Beginning June 1, 2000, except as otherwise provided in this section, it is the express legislative intent that this act preempt any local ordinance, regulation, or resolution that purports to extend or revise in any manner the provisions of this act or generally accepted agricultural and management practices developed under this act. Except as otherwise provided in this section, a local unit of government shall not enact, maintain, or enforce an ordinance, regulation, or resolution that conflicts in any manner with this act or generally accepted agricultural and management practices developed under this act. This section affirms your Michigan right to continuation business farming operating within generally accepted agricultural and management practices (GAAMPS) guidelines and supersedes any city laws that may forbid said farming.”

The local ordinance violation levied against Randy Zeilinger reads:

“Beginning June 1, 2000, except as otherwise provided in this section, it is the express legislative intent that this act preempt any local ordinance, regulation, or resolution that purports to extend or revise in any manner the provisions of this act or generally accepted agricultural and management practices developed under this act. Except as otherwise provided in this section, a local unit of government shall not enact, maintain, or enforce an ordinance, regulation, or resolution that conflicts in any manner with this act or generally accepted agricultural and management practices developed under this act. This section affirms your Michigan right to continuation business farming operating within generally accepted agricultural and management practices (GAAMPS) guidelines and supersedes any city laws that may forbid said farming.”

A Michigan man was recently charged with a criminal offense in his Garden City backyard. Even though Judge Richard L. Hammer Jr. was reasonable enough to suspend the jail time, this frivolous trial still clogged up the court system and left Randy Zeilinger with a series of hefty trail-related expenses to pay.

The indictment also carried a six-moth probation period, just in case Randy felt the urge to gather his own organic eggs once again.

Randy’s case was initially a mere code violation situation but was upgraded to a criminal complaint in February.

The fifty-three-year-old man describes himself as just a “regular guy” who enjoys both wildlife and nature. Before he felt forced to get rid of his chickens, he liked watching them run around his backyard, clucking and taking care of bugs and slugs. Randy also enjoyed the “creamy” eggs he collected each morning for breakfast. Like many organic food lovers and homesteading families, Zeilinger firmly believes the eggs offered by his backyard chickens were far better than the ones available at the local grocery store.

Selling the chicken eggs was Randy’s only source of income. Since he cannot pay the $905 fine ordered by the court, he will likely find himself behind bars soon.

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Please follow the link for the entire article-worth the read!!!
Disclaimer connected to this blog…Things said are of my opinion and the opinion of others…Stay tuned  Best -B
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~ by topcatsroar on May 8, 2013.

12 Responses to “A neighbors complaint once again…Guilty-for chickens?!?”

  1. the woman is a nitwit;the prosecutor is a halfwit;the judge should have thrown the case out based on the law or maybe he is a dimwit. michigan has a wolf hunting law now.they want to wipe out the wolf. i have no use or respect for these maggots(i apoligize to all the maggots) they must be republicans. disgusting “people.”

    • Hold on…no hate the republicans…or democrats for that matter…I’m going for balanced laws and justice to be served properly as it once was!!! Best -B

  2. Poor man…

    • “Notice every article begins with a complaint by a neighbor…or interview with the neighbors or both!!!
      They actually encourage this (there’s even $$ rewards now days) and people wonder why they don’t know their neighbors-Who the Hell wants to know people that can and will do such a thing!!!
      I have tried like crazy to forgive…Problem is, I can’t forget!!! -The loss too great and what they did horrific!!!

      A severe loss of valuable property that had meant the most to me…I made it thru a death, 1000’s of miles from home, a hurricane, and FEMA fires, a move, a fight to remain and another move, more than a 1000 miles once again and another Act of God- the freezing weather conditions…I could not survive the neighbor and the authorities…until then I made my way thru it…they did as I said they would do-Ended my life as I knew it…” -B
      Little did I know at the time, that’s what they do in the taking…They are ending lives rather then helping thy neighbor when he needs help and all to often, the neighbor is paid to do it!!! -B

      • Well to the USA of HSUS…

      • Local governments seem to like the neighbor or anonymous complaints. An easy source of revenue as most people don’t understand their rights. It is an easy way to frighten people into paying rather than face their accuser.

        But if a citizen tries to defend themselves, then the city uses the courts to intimidate and convict for even more money.

      • All done at taxpayer expense!!! Glad you see what’s going on!!! TY for your comment…I am so disheartened by what they are now calling cruelty to what real animal cruelty actually is!!! There is a big difference and can not believe that the laws are changing to steal animals at taxpayer expense and the benefit is seen only by the NFP who end up with the animals as ‘merchandise’!!! Whatever happened to help your neighbor…now is help get your neighbor arrested?!? -B

  3. My case g\had nothing to do with cruelty. My case was about raising chickens in a suburban backyard and selling the eggs and composted manure.
    My chickens were well cared for and healthy.

    I don’t know what NFP is, nor were my hens stolen by the local government.
    The story, in my own wards, is here: http://www.backyardchickens.com/a/convicted-criminal-chickenkeeper

    And more information if you are interested: http://www.gofundme.com/2vvaao?utm_campaign=Emails&utm_source=sendgrid.com&utm_medium=email

    • With your permission I’d like to post, in part, your story with the link to your donation page!!!
      You are being victimized big time!!!
      I’m so glad you know where your chickens are and not stolen by the government and have been elsewhere with a false claim of cruelty when they knew there was none; that they need to be tested for perfectly healthy animals…and then killed without the testing or permission from any court…like what was done in East Texas to mine…chickens, ducks, geese, and my turkey…imagine that!!! -B

      • Please share the story. It is still emerging as I continue to fight for my rights and the rights of other people who are being targeted for standing proud.

      • Will go up later…

  4. […] Updated from this post: https://topcatsroar.wordpress.com/2013/05/08/a-neighbors-complaint-once-again-guilty-for-chickens/ […]

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