Round two of the crowing rooster complaint has begun

Last October, the City of Decorah took Linden Street property owner Ralph Van Fossen to court over a complaint that he was housing a rooster whose crowing disturbed the peace.  In December, Winneshiek County Magistrate Nathanial Moonen ordered Ralph Van Fossen to pay a $500 fine, ruling that Van Fossen violated the city ordinance against disturbing the peace by housing a rooster which would crow at 3:40 in the morning.  He denied Van Fossen's claim that he could not be prosecuted because he was not making the noise—the rooster was, 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."
 
Following the magistrate's ruling, the Decorah City council approved language specifically adding roosters to the ordinance about disturbing the peace.
 
On Monday, City Administrator Chad Bird and City Clerk/Treasurer Wanda Hemesath visited Van Fossen's property, then on Tuesday sent Van Fossen an e-mail saying, "You are in violation of the following city codes: 9.28.010 - Disturbance of peace…6.12.010 – (Keeping) Bothersome animals…6.35.010 - No keeping of roosters."  The e-mail gave him until June 30th to remove all roosters and other animal(s) in his possession or house them in a building that "properly eliminates the disturbing and bothersome noise."
 
Van Fossen has replied that "None of my animals nor I am in violation of any city ordinance, and by means of this e-mail I will notify you and the Mayor of my complaint that without my permission, you trespassed upon my property from which you invaded my privacy by taking photographs of my property and me without my consent."
 
The letter e-mailed to Van Fossen states, "The City may also seek an injunction requiring you to remove all fowl from your property, as you have demonstrated an intent to willfully violate City ordinances."