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Loophole in city bylaw leads to chickens causing thousands in damages to Moxam's Landing property

Noel Guillemette says his neighbour's chickens freely roam the neighbourhood, digging up his yard and defecating on his property, but a loophole in a municipal bylaw means there is nothing either he, or the city, can do about it

Thousands of dollars in property damages and a fractured relationship between neighbours, all caused by a flock of chickens.

Noel Guillemette has been going back and forth with both the city and his chicken-owning neighbour for nearly a year now in search of a solution.

Guillemette lives in the Moxam's Landing area, and his neighbour owns a number of chickens who roam free in the area, often wandering onto Noel's property and digging up his lawn and around the foundation of his home.

The city's Animal Care and Control Bylaw does not currently apply to domestic livestock, be it chickens, pigs, goats or horses, meaning that the rules that apply to dog owners don't apply to those who own livestock.

"They've done damage around my property. They dig and do damage. They're crapping everywhere, they're chewing at my plants," said Guillemette. "There's nothing I can do about it, I can't touch those animals when they're on my property."

Thankfully for Guillemette, there is some positive news on the way as the city has confirmed that they will be revisiting their animal control by-law in the fall that would implement new requirements for owners of animals such as chickens.

"Specifically, the intent is to take the rules currently in place for domestic dogs and cats with regards to not being permitted ‘at large’ on someone else’s property, and expand that to include chickens, pigs, goats, horses and other livestock," said city spokesperson Kelly Brooks in an email to Sudbury.com.

While the changes may rectify the situation and keep the animals off of Guillemette's property come this fall, what he characterizes as his neighbour's abuse of the system and negligent behaviour has caused a rift that is pushing him to pursue legal action in small claims court.

"We don't even talk anymore. He's told me to 'eff-off' and he's called the police on me, even though I haven't done anything wrong here," said Guillemette. "This is silly what they're doing, he's abusing the system and that makes for bad neighbours."

Guillemette said that his concern goes beyond just his own personal property, but to the safety of others in the area and the well-being of the animals themselves.

"They've run out into the road, they've been hit by cars, I've heard cars screeching in front of my place several times," said Guillemette. "There's two farmers by me within a quarter of a mile that are raising poultry. I've had to lock up my brakes driving on the road, too, when these chickens run out into the road. This has been going on for over a year."

Guillemette recently installed new windows in his home and told Sudbury.com they have also been damaged by the chickens as they kick up sand and gravel while digging around his property.

"I have to take him to small claims court to get my money back," said Guillemette. "I'm waiting until there's a bylaw in place so I actually have something to back me up. I'm not taking him now and maybe I get the money, then two weeks later these chickens are causing more damage."

The city reached out to Guillemette and informed him council will be reviewing the animal control bylaw later this year, with proposals for stricter regulations and more authority for bylaw officers to respond to incidents like those Guillemette has been experiencing.

"That update would cover requirements for those animals with regards to picking up excrement and not permitting them to be at large," said Brooks. "The change would also expand the authority of bylaw officers to respond to such incidents if warranted."

Guillemette said in the past he has reached out to the city's bylaw department for assistance, but was stonewalled as there had been no rules in place that could rectify the situation.

"I've called and said that I need someone to come and get these chickens off my property and they told me there's nothing they can do," said Guillemette. "That seems to have changed because they called me and told me they're going to be changing this bylaw and for me to just be patient."


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