A resident in the Westview Heights area has taken his concerns about noise from his neighbor's chickens to the Cole County Commission and found there is little that can be done about the matter for now.
Bruce Erwin, who lives on Bradley Drive, said a neighbor on Amanda Drive, which runs behind Bradley, only a few weeks ago started raising chickens.
He said the smell is bad, but being awakened by a rooster every morning at 4 a.m. was the last straw.
"It stinks - I don't know why we have to deal with it," Erwin said. "He's choosing not to do anything. He said he moved out to the county to do whatever he wants.
"If I tried to sell my home now, I couldn't. Why can't we do something if an action is disruptive and adversely affecting our property values?"
Sheriff Greg White said his office will do what it can, but in discussions with Prosecutor Mark Richardson he has said they won't prosecute a case that would deal with noises from animals.
"I live outside the Jefferson City limits myself," White said. "I have neighbors with crowing roosters, too, but there's nothing I can do about it."
Presiding Commissioner Marc Ellinger pointed out that the county has no zoning laws that might have helped in this case. Voters will be asked if they want zoning in the August election.
He also said that, since the prosecutor's office is an independent office, the commission can not direct him to take action.
Ellinger asked County Health Department Director Kristi Campbell to have County Code Officer Mike Sapp go to the area and see if there is a health hazard. If there is, the county possibly could do something under the county's nuisance ordinance, which has been used to clean up run-down and overgrown properties.
"It's hard for me to believe that chickens can get the same protection as dogs, when we talk about pets," Erwin said.
White said: "I realize this is an emotional issue, but there is legal precedent where the law says having chickens is legal if it's in an area where it's allowed - and right now it is."
White and the commissioners urged Erwin also to talk to Richardson about what he thinks can be done, if anything, and afterwards come back to the commission to let them know what happened.
"If we get word that they are willing to prosecute, then we're good to go," White said.