It's been a difficult few months for the city of Tumwater and farmer Michael Johnson, who are at odds over two roosters who live on Johnson's farm on Old Highway 99.
The roosters' crowing resulted in a $9,800 fine from the city, and Johnson is none too happy about it.
The level of animus made for a very inflammatory start to a recent public hearing before the Tumwater hearings examiner.
The case came before the hearings examiner because Johnson, who lives in the 8800 block of Old Highway 99 Southeast, appealed the fine. He raises laying hens and has two roosters to fertilize eggs, he said. Although the property he owns has been historically used as a farm, it is within city limits, and the city has a code that prohibits the keeping of birds or animals whose noise disturbs people in the vicinity.
Hearings examiner Andrew Reeves presided over the dispute last week, with attorney Mike Throgmorton representing the city, Johnson representing himself, and two witnesses appearing on behalf of the city: code enforcement officer Patrick Long and Tumwater police Lt. Bruce Brenna, who both testified about confrontations with Johnson.
Throgmorton told the hearings examiner that after receiving a noise complaint from an area resident, the city confirmed the presence of the roosters in September and a month later a notice of violation was posted on his property. It also was sent by certified mail and regular mail, he said.
"He neither complied to remove them nor did he pay his fines," Throgmorton said. "Instead, he engaged in a pattern of escalating threats to the city."
Throgmorton said that Johnson, using Johnson's words, threatened to "go to war, and burn down City Hall if the fines were not withdrawn."
After Johnson failed to comply with the notice of violation, he was fined $100, code enforcement officer Long said. Although two months had passed, the city started at only $100 because they were looking for Johnson to comply with the law, not make money off the fines, Long said. Later her was fined $100 a day for the next 98 days.
Throgmorton said that at any point during those 98 days it was in Johnson's power to stop the fine.
"The size of the penalty reflects nothing more than the depths of his obstinacy," he said.
Under questioning, Johnson said he hasn't decided whether he will remove his roosters, but he does not intend to pay the fine, he said.
He also said he might seek a variance, or try to get the Tumwater City Council to change the city code.
Tumwater spokeswoman Ann Cook clarified Friday that there is no variance for Johnson's situation, although changing city code via the council is an option.
Johnson contended during the hearing that Tumwater's city code was designed to "target citizens and bully people to sell and move on."
"I can tell you I'm not moving," he said, adding that his neighbors have dogs that are louder than his roosters.
He described himself as a sustainable farmer who opens up his farm with a monthly night market.
"What's more important? A sense of community and simple living or tax revenue and code enforcement?"
Johnson countered that he was basically being forced to move and sell his land to a corporate entity that would build 12 postage stamp-size homes.
"Frankly, that is repugnant," he said. "This is about freedom and farming."
Two nearby residents spoke during the hearing: A man said the roosters were not a nuisance, and that it was a pleasure for his children to hear the farm noises, while a woman said the roosters are a nuisance and can be heard throughout the day.
Throgmorton asked that the appeal be dismissed or the fine upheld. Hearings Examiner Reeves expects to make a ruling in 10 business days.
