San Jose woman upset over more than a dozen noisy chickens roaming neighborhood

SAN JOSE, Calif. (KGO) -- A San Jose woman says the city is setting a dangerous precedent by not enforcing its chicken ordinance.

Dozens of hens and noisy roosters roam her neighborhood. Desperate for a night's sleep, she contacted ABC7 News.

Sharon Maxwell-Yamamoto is about to fly over the cuckoo's nest. She's losing sleep in her home along Flemming Avenue and says the neighborhood went to the birds three years ago.

"I'm sorry, I just get a little emotional because I'm so tired," Maxwell-Yamamoto said. "Well, anyone who thinks that they only crow when the sun comes up, that's not true."

San Jose's ordinance says only six chickens without a permit are allowed and no roosters over four months of age. When ABC7 News arrived to Maxwell-Yamamoto's neighborhood, Richard Sotelo man ran around with a net. He admits there are 15 to 20 on the property.

"We try to get rid of them, but they come back," said Richard Sotelo.

Sotelo admitted that he feeds some of the chickens.

Animal services says the people who live at the home are out of compliance. Multiple citations have been written.

Debbie Rossi who lives on the property in question said she is trying get the situation under control. "We have removed the roosters and the chickens from the property. I think we're being sabotaged," she said.

The cock fight then moved to court. Maxwell-Yamamoto's neighbor filed a lawsuit, they did not file a response. A judge ruled in favor of Maxwell-Yamamoto saying the nuisance even decreases the value of her home.

"And I know this is a silly case to some people, but let me hear how they feel when they don't sleep for two years plus," Maxwell-Yamamoto said said.

With animal services unable to enter the property, it's unclear who will enforce the removal of the chickens.