Possible New Ag Restrictions For Roosters

[rocketman]

Bill is dead... http://bigislandnow.com/2018/03/13/roost...bill-dies/

[HereOnThePrimalEdge]

Written testimony to the council was ignored, as rooster owners demonstrated in chambers what it's like to live next to one of their "farms:"

Quantitatively, there were more supportive testimonies than opposed, but given the emotional pitch of the rooster farmers in the room, none of the other councilmembers showed any sympathy for the excellent testimonies provided by supporters because none were “local”. I know some locals who supported the bill, but who were afraid to testify for fear of retribution.

"We should have a new force called the Space Force. It’s like the Army and the Navy, but for space." - President Donald J. Trump, while speaking to the Marines

[kalakoa]

the db readings of said dogs, helicopters, street racers and gunshots

Existing codes regarding "barking dog nuisance" are already not enforced, gunshots are generally not legal, helicopters are somehow not within any jurisdiction.

I was less concerned about actual enforcement, more worried about the cost of a Fourth Amendment lawsuit against County, entertaining though it would have been.

From the fine article:

the 77 supportive written testimonies which were sent in on time

Approximately 80,000 "private agricultural" lots were created during the Great Subdivision Boom. Is it "democracy" when 0.09% of the landowners get to set policy for everyone else? Better question: if HPP is really "residential", upzone the whole thing to R or at least RA. (Of course, this means begging the State for permission first, because County doesn't have any real authority...)

[HereOnThePrimalEdge]

Is it "democracy" when 0.09% of the landowners get to set policy for everyone else?

Do you mean the 0.09% who are against rooster noise, or the 0.09% who are rooster farmers?

"We should have a new force called the Space Force. It’s like the Army and the Navy, but for space." - President Donald J. Trump, while addressing the Marines

[kalakoa]

Do you mean the 0.09% who are against rooster noise, or the 0.09% who are rooster farmers?

Referring to the 0.09% who wrote letters supporting the new Rooster Limit.

Bottom line remains: the land is zoned Ag, keeping of livestock is a permitted agricultural use, buyers failed to perform their due diligence. If the Ag zoning is a problem for a given subdivision, then that subdivision can write CC&Rs around the issue or petition for change of zone.

Address the real problem: County created this issue in the first place by allowing fraudulent use of Ag zoning as a means for developers to avoid providing proper residential infrastructure. It's long past time for the Code to include a means to complete this gentrification for those subdivisions that decide they are actually "residential".

Of course, this means higher property values (and therefore higher taxes), but if the landowners are going to demand R-style services (freedom from roosters, paved roads, emergency response, etc) then they should pay for that.

[HereOnThePrimalEdge]

buyers failed to perform their due diligence

Even if a buyer did perform their due diligence and understood livestock is permitted, they might also have expected the county would follow their own rules and not allow illegal farming operations (cockfighting & ancillary operations) to occur under their jurisdiction.

The problem as it plays out in the Hawaii legal system is that even if a cockfighter is arrested, the courts can rarely seat a jury. Potential jurors are asked whether they feel strongly one way or the other about cockfighting, and the the answer is almost always yes. If 12 prospective jurors all say no, there's probably at least one or two who are lying so they can get on the jury to help a distant relative (the accused), making it impossible to find the defendant guilty. When is the last time you saw a court case involving fighting roosters? The police don't arrest the "farmers" because they can't be prosecuted.

So Eileen O'Hara tried the next best thing, because we all know changing the zoning is not going to happen. (see numerous threads about subdivision boards, maintenance, general leadership incompetence if not outright fraud)

"We should have a new force called the Space Force. It’s like the Army and the Navy, but for space." - President Donald J. Trump, while addressing the Marines

[kalakoa]

expected the county would follow their own rules and not allow illegal farming operations

Fancy game roosters aren't illegal; County cannot presume that they will be used illegally.

even if a cockfighter is arrested, the courts can rarely seat a jury

At which point the issues are far removed from zoning and land-use.

we all know changing the zoning is not going to happen

That these de-facto residential subdivisions should be correctly zoned is actually a reasonable argument supported by existing facts and documented as far back as Land and Power.

Punchline: the stock photo of a rooster farm that runs alongside HTH coverage happens to be on a lot that is more than large enough to keep the roosters more than 75' from any lot line. I wonder if those neighbors have complained?

[MarkD]

East Hawaii's cockfighting enthusiasts must have developed some pretty effective ways to hide their games. Up until about a decade ago, one would regularly read news reports of police raiding games, often with 60-100 people on site. Such reports are far less common today.

I guess we also have to accept the reality that some rooster farmers are indeed farming simply for love of the animals. I much dislike roosters, but to each his (or her) own.

Don't know how this problem of roosters in dense subdivisions can be resolved. One thought is that the existing rooster farmers are grandfathered in and new rooster farmers cannot simply move in next door to someone and set up shop. But this is impractical for several reasons.

[HereOnThePrimalEdge]

Fancy game roosters aren't illegal; County cannot presume that they will be used illegally.

Sudafed was legal over the counter, because it was presumed most people would take it for a cold, not to cook into meth. A very small group of people (probably far less than 0.09%) did use it to cook meth, so lawmakers had no problem presuming everyone might use it illegally. Now it's no longer available over the counter. You have to show I.D. and register your purchase.

Laws can change to reflect current concerns. Did I just suggest we register roosters, which can cost more than your average Puna car? Sure, why not, if that's what it takes. Think of the squawking and crowing if that proposal comes up at a council meeting.

"We should have a new force called the Space Force. It’s like the Army and the Navy, but for space." - President Donald J. Trump, while addressing the Marines

[MarkD]

If the rooster topic ever comes up at the Council again, the outcome will probably be the same. Just looked at the Big Island Now pictures again, all those guys (mostly local and likely rooster supporters) standing outside the meeting room.

You only need a few people testifying in favor of roosters inside the meeting room. And 100-150 stern looking guys standing outside with their arms across their chests. The pro-rooster message is effectively made.

They kind of remind me of gun enthusiasts. People get very upset if you try to take away or regulate the use of their toys.