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PostPosted: Fri Feb 25, 2011 7:17 am 
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Showy Hen
Showy Hen

Joined: Tue Mar 10, 2009 1:23 pm
Posts: 174
Location: Narre Warren South, Melbourne
Court at 9.30am today at Dandenong Magistrate's Court. I'm pretty sure its a public gallery so if anyone wants to attend, they can. Best outcome would be to bond (ie a warning but no fine). Anything else will be a fine & it could be high. I'll let you all know how it goes. This morning, I'm only just holding it together, to be honest. The week has finally caught up with me...

Again, thank you all so much for your support. It has meant a lot & I really appreciate it. :grouphug:


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PostPosted: Fri Feb 25, 2011 7:41 am 
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Discerning Duck
Discerning Duck

Joined: Fri Aug 01, 2008 8:32 pm
Posts: 1903
Location: Gold Coast
Stay strong and calm. I wish you the best of luck :grouphug:

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A mixed bag of lovely backyard ducks and chooks.


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PostPosted: Fri Feb 25, 2011 10:46 am 
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Golden Kingfisher
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Joined: Tue Dec 16, 2008 9:54 am
Posts: 13557
Location: Canberra
Thinking of you. :grouphug:

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Cheerio, Rach
Blue Swedish Ducks


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PostPosted: Fri Feb 25, 2011 6:23 pm 
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Showy Hen
Showy Hen

Joined: Tue Mar 10, 2009 1:23 pm
Posts: 174
Location: Narre Warren South, Melbourne
Had my Court appearance today. The magistrate accepted my guilty plea & found me guilty with no conviction. I was given a 1 year good behaviour bond (so no fine) & I was ordered to pay court costs of $111.10. The Council asked the Magistrate to issue a notice to remove the rooster, which she refused to do, given I already had made arrangements for him to go elsewhere.

Actually, the Magistrate got quite snappy with Council & she had a bit of a look on her face of "why is this before the Court?!".

Sooo...this is the best possible outcome from the Court under the circumstance, so I am very pleased.

Where to from here? Arte will be off to his new home within a week (I can almost bet money that Council will turn up in 7 days to check he's gone). 3 girls will be going with him for company & another friend is taking my "twins" until my permit for extra poultry can be processed. I am going to go to the media regarding Council's lack of appeal process, etc (I am concerned that their legislation is written in such a way that there does not have to be any due process or transparency, etc). I am also going to write a letter to the ombudsman. If anyone else would like to be involved in contacting media, etc, please IM me & we can discuss.

As for my neighbours, they have already laid more complaints with Council but this time about my mulch. I have to be very careful to lay low in terms of bylaws (as I'm on bond). However, once all "legal" avenues of harassment have been removed, I have no doubt they will resort back to name calling, etc. As soon as this happens, I will be applying for an AVO. In the meantime, I have an appointment with my Dr to address my migraines (from stress) & will seek advice from a counsellor about my stress & anxiety. Complaints have also been made about them parking their car on the footpath all the time & they they have blocked the drain with bricks from the building site next door, causing the street to flood when it rains. These complaints were not lodged by me but I am aware they have been made. If next door think the law only applies to others, they have a very big think coming.

Again, thank you all so much for your support. It has been very much appreciated & has made a very stressful time a bit more tolerable.


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PostPosted: Fri Feb 25, 2011 7:05 pm 
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Prime Pekin
Prime Pekin
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Joined: Sat Oct 31, 2009 10:33 pm
Posts: 3321
Location: Melbourne CBD fringe
Epiphany
one day when this is all behind you,I hope you might come and have a drink with the Melbourne BYP group - I think we would be happy to buy you a bottle of whatever you fancy and applaud you while you drink it for your forbearance throughout this trial.

I hope your family in Christchurch are safe and well and your remaining chooks flourishing...and that you have support at home too.

:thumbs:


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PostPosted: Fri Feb 25, 2011 11:09 pm 
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Golden Kingfisher
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Joined: Tue Dec 16, 2008 9:54 am
Posts: 13557
Location: Canberra
Hear hear, Chookwhisperer.

You have handled yourself like a legend throughout this ordeal, Epiphany. Anyone can tell that it has been enormously tough. I think that at this point we would all like to storm the council en masse. En route to your neighbours' place..... My thoughts really are with you. My admiration too.

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Cheerio, Rach
Blue Swedish Ducks


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PostPosted: Fri Feb 25, 2011 11:34 pm 
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Golden Phoenix
Golden Phoenix

Joined: Fri Jan 05, 2007 10:39 am
Posts: 10116
Location: Tarago, near Goulburn
Only just caught up with this thread. ARGH argh argh. Best outcome under the circumstances I guess, but it SHOULD NOT have come to this. Have a think about it. Someone has gone to court - a criminal affair - for owning food-producing animals.

Something wrong there.

As for the neighbours - many, many managers fit the classic definition of a "psychopath". You will never get through to them that their behaviour is irrational because they're unable to realise that there is an alternative version of the world apart from the one in their own heads. They will never change and AVOs and ending up in gaol will always come as a complete surprise, and just confirm to THEM that the world is completely mad, and only they can bring sanity back.

The main hassle is that they will never, ever change, regardless of whatever you do; whatever insane demands you submit to. If/when you stand up to them, it doesn't fit with their view of the world so they'll just wipe it from their memory; so they won't learn.

Trust me when I say I speak from bitter, bitter experience (three small nervous breakdowns and whole new heart-based response to stress later ... ).

If you're lucky, they'll find the whole situation too distasteful and eventually (finally) leave. Unfortunately, I have no sensible suggestions because they cannot be dealt with sensibly. Sorry :(


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PostPosted: Sat Feb 26, 2011 11:12 am 
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Proud Rooster
Proud Rooster

Joined: Tue Jun 22, 2010 8:59 am
Posts: 268
I agree with you infoaddict. Personally if it were me I would have moved out and found somewhere nicer to live rather than have to deal with such people on a day to day basis, making my life a misery, add the stress and anxiety as well. Is it all worth your health in the end. If we don't have health we have little else. Our health is everything. I think you are very brave to stand up to these people and the council epiphany. I know I would want happiness over that sort of thing though, if I was renting I would be looking for a nicer patch of turf, knowing they are not nice people and they are not going to suddenly behave decently know matter what gets thrown their way. The AVO is definately a good idea.


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PostPosted: Sat Feb 26, 2011 12:57 pm 
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Flock Master
Flock Master

Joined: Sun Nov 11, 2007 10:27 pm
Posts: 2013
Location: suburban Melbourne.
The trouble with moving is that there is no guarantee that there aren't more of these morons in the new area. And it costs big money to move.
The trouble with the moron moving away, is that he/she doesn't stop being a moron, they just go and torment some other poor victims.

The trouble with the councils is that they allow their laws to be dictated by these morons. :hmmm: even though they're a minority in the community. Probably the council is full of psychopaths too, so they have the same viewpoints.

Can't we just round up all these psychopaths and sociopaths and dump them on some distant island that they can never leave? They could torment each other as much as they liked :thumbs:
Ahhh, it's a nice dream.

Epiphany, if I can help with letters, or adding my name to petitions, just let me know. I'll even turn up to picket the council or the morons if someone organises it.

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Marie


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PostPosted: Mon Feb 28, 2011 7:12 pm 
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Showy Hen
Showy Hen

Joined: Sat Feb 13, 2010 8:09 am
Posts: 247
Location: collinsville qld
I am happy to add my name to any petition or support.

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blue stocking with larrakin tendecies! husband, two cats,two chooks


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PostPosted: Mon Feb 28, 2011 10:38 pm 
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Prime Pekin
Prime Pekin
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Joined: Sat Oct 31, 2009 10:33 pm
Posts: 3321
Location: Melbourne CBD fringe
coppertop wrote:
I am happy to add my name to any petition or support.



Yep - love a good picket myself.

:)


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PostPosted: Mon Feb 28, 2011 10:41 pm 
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Prime Pekin
Prime Pekin
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Joined: Sat Oct 31, 2009 10:33 pm
Posts: 3321
Location: Melbourne CBD fringe
ooh I just had a vision of a peaceful silent protest of rows and rows of BYPers across their naturestrip (Public property! so..try and move us!!) with big signs "We love CHOOKs" and other things that are actually unprintable here...


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PostPosted: Mon Feb 28, 2011 10:49 pm 
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Wise One
Wise One

Joined: Mon Aug 17, 2009 11:42 pm
Posts: 2650
Location: Cardinia Shire, Victoria.
Happy to help in any way as long as doesn't involve getting arrested! :lol:

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1 Stafford, 1 moggy, 2 British shorthair cats, 1 Green tree frog, 2 Eastern long neck turtles, 13 chooks- lots of different breeds, 2 almost adult boys and a worn out husband!


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PostPosted: Tue Mar 01, 2011 11:40 am 
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Showy Hen
Showy Hen
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Joined: Tue Aug 11, 2009 10:14 pm
Posts: 150
Hi all,
Epiphany, I wish I had something to say that would make any of this better. The injustice of your situation makes me want to cry.
It may be too early to think about this, but have you considered writing up your experience and sending it off to some of the larger newspapers? Maybe nothing would come of it, but sustainability, growing your own food, and government stuff ups are very much in the public mind at the moment so maybe someone would pick up this story. I know it wouldn't necessarily change anything, but public aknowledgement of the councils mistreatment of you and the idiocy of laws that protect no one may have longer term consequences for other Australian backyard chicken breeders as well as yourself.
Along with everyone else I am amazed at how well you have handled this dreadful situation, and I hope some happier conclusion to the evil neighbour problem will come up.
Kathy

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dÚccles, dÚccles and more dÚccles.


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PostPosted: Tue Mar 01, 2011 8:47 pm 
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Showy Hen
Showy Hen

Joined: Tue Mar 10, 2009 1:23 pm
Posts: 174
Location: Narre Warren South, Melbourne
This is so much harder than I'd thought. :cry:

My "twins" left today for a holiday with a friend. They'll becoming back once I get my excess poultry permit the Council keep saying they'll give me. This is to get my flock numbers down to below the "allowed" limits so I don't get into trouble in the mean time.

Arte & three other hens are leaving tomorrow for their new home. It's a good home...don't get me wrong...but it was so difficult tonight sitting out there with them while they had their last supper.

Shakespeare had it about right when he said "parting is such sweet sorrow"...except if it were me, I'd be removing the "sweet" part - there's nothing sweet about any of it...


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