Tumwater seeks nearly ten grand from a family -- for keeping a rooster

The deadline for public comment is Wed., May 12 at Noon 

Posted

While a rooster in the country might seem harmless, Tumwater residents Michael and Bernetia Johnson were cited last October for raising one on their property -- and the city now wants accrued fines of $9,800.

They've appealed the city’s decision and have a hearing tomorrow (Wed., May 12) at 7 p.m. 

Michael Johnson was unaware that keeping a rooster is illegal in Tumwater. In a pre-hearing brief, the resident claimed that he received a complaint for violating the City Code TMC 8.08.030.D. Under the ordinance, keeping or raising “any bird, animal or fowl which by frequent or long-continued noise shall disturb the comfort and repose of any person in the vicinity” is prohibited.

“I don't think this is about a rooster. I think it's about tax base,” Michael Johnson told The JOLT. “They think they can pressure me into selling my 2.5 acres next to the highway. I've already received offers from a developer who would put up to 12 units on it.” The property is on Old Highway 99 and abuts The Preserve, a large housing development. The family doesn’t want to sell.  

He fought back, claiming that the city code violates state law. He referred to RCW 7.48.305 which protects owners of agricultural property from nuisance lawsuits. The legislature recognizes that agricultural activities in urbanizing areas are often a subject of nuisance lawsuits. The state believed that these lawsuits forced owners to give up their properties which can hinder farming production. 

The city code aims to control the level of noise pollution which might be harmful to the community. Under the provision, residents are prohibited from raising roosters and other animals such as geese and peacocks because of its loud crowing sound. 

Michael Johnson “recommend[s] strongly that the City revise its position and Code accordingly,” in in his brief. A career Army officer, he is not a lawyer but is defending himself in this case against the City of Tumwater and its contracted private attorneys. 

There are also other local provisions which discourage residents from raising a rooster. City Ordinance 02017-014 provides clear and strict guidelines on the number and types of animals that residents can keep. While the ordinance discourages roosters, they permit residents to raise hens subject to the city ordinance. Other farm animals such as ducks, turkeys, bees, rabbits, and even miniature goats are allowed in Tumwater, provided that it is also within the guidelines. 

Johnson remains determined to prove that roosters are not a nuisance. In fact, he provided several studies which cite that male chickens are beneficial to the community, especially in terms of improving egg production in laying hens. He also noted a study which states that chickens are just as cognitively, emotionally and socially complex as other mammals. 

Currently, Johnson is facing possible civil and monetary penalties that increase by $100 per day for violating the city’s noise pollution ordinance. 

This is not the first time that a Tumwater resident was cited for violating city code. In 2012, property owner Kenneth Lopossa was also given a notice to remove a rooster off his property. 

The legal process is now at the appeal stage.

Written comments may be submitted to City of Tumwater, City Clerk, 555 Israel Road SW, Tumwater, WA 98501, or by email at cityclerk@ci.tumwater.wa.us and must be received by 1:00 p.m. on Wednesday, May 12, 2021.

To watch the hearing, go to http://www.zoom.us/join, and enter the Webinar ID 847 3176 8166 and Passcode 814777.

Comments

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  • franiazgorski

    WOW thst too bad.. good luck on the appeal.. Although I agree wit the ordinance .. . having grown up with roosters .. lol

    Tuesday, May 11, 2021 Report this

  • AJoytoknow

    This is shameful. Dogs bark, cats yowl, turkeys ducks and goats can be noisy, children playing make a lot of noise, should we ban them? No. Of course not. Life is sometimes noisy. Leave these people and their rooster alone. Stop picking on people. If it's true it has something to do with a greedy developer that is even more shameful. I understand Thurston county is growing but greedy developers shouldn't be given preference over people who already are living in a community. I hope you win your appeal. Tumwater is acting stupid, as our city council's do when big development money is involved. It's like they forget the people who have already been living here, in a rush to price us all out.

    Wednesday, May 12, 2021 Report this