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Resident urges action on persistent rooster noise; council directs manager to draft ordinance

Merrimack Town Council · September 11, 2025
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Summary

A resident asked the council to revisit stalled rooster/noisy-fowl controls; after extensive public comment and council discussion about enforceability, zoning, and grandfathering, the council voted to have the town manager draft ordinance language for a first reading and public hearing.

Resident Michael Malzone told the council the crowing of a rooster near his home has been a persistent nuisance and asked the council to revisit an ordinance discussed in 2014.

Malzone described daily crowing that he said disturbed neighbors and urged the council to consider either a ban on roosters in residential zones or a narrowly written restriction tied to zoning. He said earlier discussions in 2014 resulted in no final action and argued the town should either adopt targeted rules or hold a public hearing so residents can weigh in.

Councilors acknowledged the concern and repeatedly raised enforcement and grandfathering questions: how to define zones, whether to exempt larger agricultural parcels, and what enforcement mechanisms (animal-control responses or building-inspector involvement) would look like. A councilor referenced sample language from Nashua and other towns that use zone-based or “no crowing chickens” rules rather than broad decibel noise ordinances.

After debate about scope and enforceability, the council voted to have the town manager research existing ordinances, draft proposed language (focused on roosters/crowing chickens or "noisy fowl" as appropriate), and return it for a first reading and subsequent public hearings. The council encouraged the manager to adapt proven language from comparable communities and consider zoning-based exemptions and grandfathering for existing farms.

The transcript records extensive public testimony and council interest but no final ordinance text; the action taken was a referral to staff for drafting and scheduling of the ordinance process.