Introduction:

Dominique Leghorn was recently elected to a position as county supervisor in Blackacre County. As part of his campaign, he assured the voters of Blackacre County that he would "crack down on the foul fowl epidemic in Blackacre County." This campaign pledge was a response to a recent trend where residents of the county are raising chickens in residential areas. In fact, Mr. Leghorn's neighbor has nearly a dozen chickens in a coop that is placed near Mr. Leghorn's property line. They do not cause any disturbance, but Mr. Leghorn does not like his neighbor and would like to make his life a bit more difficult. Mr. Leghorn does not think banning chickens outright would be politically wise, but he would like to see some restrictions in place that would limit the amount of chickens that each resident is able to keep. Now that he has been elected, he found the other county supervisors are also in favor of chicken restrictions in Blackacre County, especially if loud roosters are prohibited.

Instructions:

Mr. Leghorn has asked you to do some research on other jurisdictions that have restricted chickens in residential areas. He would like you to find an example of a municipal code that he can use as a model for his own chicken legislation in Blackacre County. He has requested that you locate a code section that is appropriate for his purpose, and provide the actual code language that he can use as a model. Be sure to consult and cite to primary legal authority for this model code example.

Your supervisor has also asked you to consult American Law Reports regarding keeping poultry as a nuisance. You can find American Law Reports in Westlaw under secondary sources. Your supervisor particularly wants to know that if Mr. Leghorn's proposed ordinance is not accepted, what is the typical ground of attack in these situations to stop keeping poultry in residential areas? Be sure to explain what must be shown to be successful in these types of cases.

Draft a letter to Mr. Leghorn that includes all of the information requested. Be sure to cite any primary and secondary sources you use in your research on this issue.