Farming couple in Beverly Massachusetts sues city over roosters
Jaime Campos/Staff photo.
Beverly Bees, sells products such as honey, eggs and beeswax candles on the property, at a store in Salem, and at farmers markets.
By Paul Leighton
The Salem News
Dec 24, 2021
Excerpt:
The Deeleys said the city has “intimidated and coerced” them into removing the roosters, which they said are an “integral” part of the farm’s operation because they fertilize eggs, breed chickens, and protect hens from predators like hawks and coyotes.
Beverly Director of Public Health William Burke ordered the Deeleys in July to remove their roosters after a neighbor complained about noise. Burke said the couple was prohibited from having roosters by a “keeping of animals” permit the city issued them in 2015. That permit allows the Deeleys to have up to 36 poultry, but no roosters.
The Deeleys requested a hearing with the Board of Health and submitted a new permit application that would allow roosters. But the board denied their amended application on Oct. 20 after considering the “public health, safety, and welfare of the community,” and ordered the roosters removed within 14 days.
In their lawsuit, the Deeleys said the power of a local board of health is limited when it comes to commercial farms. The lawsuit said the board lacks the power to require a permit for the keeping of animals other than pigs. It also said the “crowing of roosters” does not constitute a nuisance under state law.
