Man ordered to remove fighting cocks from property

A man raising fighting cocks as a hobby was given by the Zoning Board and Office until 6pm tomorrow to remove the fowls from his property located in a village residential zone or pay civil fines of at least $4,600.

The board made the decision during its meeting and an enforcement hearing last Wednesday, which was attended by about 20 neighbors of Rommel Ronquillo who keeps 32 roosters and several hens within his residence behind Marianas High School on Lot 056 H 14 along Texas Road in Susupe.

The Zoning Office issued Ronquillo, who works for the U.S. Customs and Border Protection, a notice of violation on Feb. 8 for operating a farm within a village residential zone without a permit. Ronquillo was given until Feb. 13 to correct the violation and was assessed a penalty of $200 per day for each day that the violation remained uncorrected.

Ronquillo’s farming activity is an unpermitted use in a village residential zoning district based on the Saipan Zoning Law of 2008 Section 512(a).

“The purpose of a village residential zoning district is to promote a residential community environment that is quiet, safe, and family and pedestrian-friendly,” the law stated.

Indicating his willingness to resolve the situation, Ronquillo met with acting Zoning administrator Therese Ogumoro on Feb. 13 to discuss his two options: relocate to a permitted zone or remain in his present property, which he leased for a year, but without engaging in farming.

Ronquillo, who was given until Feb. 20 to comply, then filed on Feb. 21 for a notice of appeal to the board and seek variance to continue raising the roosters within his property.

But Ronquillo’s neighbors have continued to complain to the Zoning Office about these roosters which crow incessantly day in and day out, saying that the noise they make have significantly affected their everyday lives.

Ronquillo’s property is close to an apartment complex, wherein tenants have already warned their landlord that they will move out should the request for variance be approved.

During Wednesday’s hearing, Ronquillo told the board that he was unaware of any law that prohibits anyone to raise roosters in one’s backyard, adding that he thought the zoning law applied only to businesses.

Ronquillo disclosed that he previously stayed in San Vicente but didn’t receive any complaints from his neighbors. With the situation, he tried to look for a place where he can transfer his roosters but couldn’t find one.

Asked by the board what he would do with the roosters should he not find another place where farming is allowed, Ronquillo said his only option is to kill all the roosters.

Attorney Juan N. Lizama, counsel for Ed Klingbergs who owns the apartment complex next to Ronquillo’s property, said at the hearing that unpermitted farming in the area is a “very, very serious activity” and that an “expeditious action” on the part of Ronquillo should ensue.

Klingbergs’ tenant, Calla Eichenberger, said she and her family’s sleeping habits have completely changed because of the noise of the roosters, which also causes them to spend more for their utilities since they are left with no choice but to turn on the aircon to drown the roosters’ incessant crowing.

Another tenant, Josh Reuvers, made the board listen to the roosters’ noise which he recorded on his laptop.

The board, represented by legal counsel Tiberius Mocanu, discussed the matter during an executive session, after which they made their decision to give Ronquillo to remove the roosters by 6pm tomorrow.

“If the [roosters] are not removed by Sunday at 6pm, then the entire fine including the days that have lapsed since will be in full effect and the board will use its enforcement power to levy that fine and collect that fine,” said Mocanu.

But Ronquillo asked if the chickens have to be removed from his property as well. While some of Ronquillo’s neighbors said at the meeting that they have no problem if his hens will stay since they don’t make noise, others raised concerns that keeping hens will still be considered farming activity, thus, unpermitted in the area.

The board recommended that Ronquillo can keep at most six hens in his property. Mocanu, however, advised that Ronquillo also start looking for a home for the hens and that the board will soon issue a written opinion that will indicate if the law allows for Ronquillo to keep the hens.