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Aviculture prohibited: "Only when the police arrive, I will give them"
ENNS. Legal battle for three chickens in Enns: Ulrike Bart is no longer allowed to keep his chickens in his garden. She spoke with the OÖNachrichten of the curious legal dispute
Little Felix knows the garden only at home with poultry. He would probably miss the animals painfully. photo: private
Felix (3) does not know a life without chickens in the garden. Over the last five years, her mother Ulrike Bart has kept chickens in the garden of the small family home in Enns. Hexi, Mitzi and Susi lead a happy chicken life in the garden with a small stable.
"For years, there was nothing," Bart says. Neighbors have often inquired about the welfare of animals, she says. But in early 2017 it was over with the idyll in the henhouse. A neighbor complained to the city administration of poultry. The animals are a nuisance, their attitude in the residential area is by no means legal, complained the neighbors. "Thirty years ago, it was perfectly normal for people to keep a few chickens in the garden, no one would have complained then," says Bart.
The administration sent an expert to see the situation. She uncomfortably remembered this visit: "I asked him carefully how he saw the situation, so the answer was," Of course, they have to leave.
By decision, the city prohibited the raising of chickens in the residential area. This can not be reconciled with the law on land use planning. Bart responded to the decision of the state administrative court: "I just thought, this can not be so true."
But the county judges came to the conclusion: The chickens are gone. A proper review against this saying is not allowed, she says.
Mrs. Bart did not give up her chickens anyway. With the help of a lawyer, she filed an extraordinary appeal with the Vienna Administrative Court. There is no clear case law on whether chickens in this case are considered domestic animals or farm animals. The judges can, but please clarify here, pleaded Bart and his lawyer (in simple terms) in this letter to the Supreme Court.
Monday this week, however, came from the disappointing decision of the federal capital: Revision rejected. The alleged objections are sufficiently regulated by state laws, decided the administrative judges. Theoretically, there would still be the transition to the European Court of Human Rights. "I think it's not what I'm going to do," says Bart.
Mayor Franz Stefan Karlinger (SP) does not want to be happy that the first decision of the council was upheld by two courts: "I should have had the wife could have kept her chickens," he says. calls for "fundamentally rethinking" the law.
Meanwhile, Hexi, Mitzi and Susi are still in the garden in Enns, unaware of what they caused by their presence.
"I'm going now Let's see what happens, "says Bart, fierce involvement:" Only when the police are at the door, I give the chickens. "
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