“My neighbour has acquired geese in their backyard and the birds are driving me crazy! They make a lot of noise at odd times of the day and cause me much discomfort – what can I do about the situation?”

Each municipality has its own bylaws (i.e. legislation passed by the local authority) that regulate the keeping of animals on residential properties. The answer to this question will therefore be contingent on the area and the municipality where the complainant’s residence is located.

Be that as it may, there are certain common characteristics that these bylaws share. The majority of bylaws stipulate that if the birds in question qualify as pets, the complainant may lodge a nuisance complaint with the relevant municipality. On the other hand, if the birds do not qualify as pets, a certificate must be obtained from the municipality by the owner of these birds to enable him or her to lawfully keep the birds on the residential premises. The owner will also be required to satisfy the relevant requirements as set out by the applicable municipal bylaw regulating the issue. These requirements mostly relate to the enclosure in which the animals are kept. A complainant’s best option would accordingly be to approach the municipality with a nuisance complaint upon which further investigation of the matter will occur.

A person found guilty of contravening the municipal bylaws which regulate the keeping of animals and birds at residential premises may be liable to pay a fine and/or to serve a period of imprisonment.