City of Decorah wins its lawsuit against the owner of a crowing rooster

Winneshiek County Magistrate Nathanial Moonen has ordered Decorah resident Ralph Van Fossen to pay a $500 fine for having a rooster which disturbs the peace.

Moonen has ruled that the city's ordinance against keeping a "bothersome animal" did not apply in this case, since roosters are not listed.  However, he ruled Van Fossen violated another city ordinance--the one against disturbing the peace--by housing a rooster which would crow at 3:40 in the morning.  He denied the claim that Van Fossen was not making the noise, it was the rooster, writing, "Surely if a dog bites someone, its owner would be held liable, even though the owner did not cause the bite."  Moonen added, "Simply because the zoning allows for specific types of animals does not mean that those animals can disturb the peace."

In addition to paying the $500 fine, Van Fossen has been ordered to pay court costs.  He will not be held responsible for the City of Decorah's legal fees, however.