Question Fowl on the road

[Shnookie]

Would clipping their wings keep them inside the fence, or do they find other ways to get out? They establish a territory don't they? That would explain why they are seen on a road every day in some places.

[ross]

Forget the law suits if driver swerves & crashes & someone is killed . I wouldn't want to live with that . Did you know statistically that in Ont especially SW the most dangerous animal as far as physical & property (vehicle) damage & some deaths is the white tail deer at rut time . Luck

[Happy]

I've lived on a farm or smack dab in the middle of farm land 90% of my life. There's a big difference between spotting a cow (or a deer or even a raccoon) along the road and spotting a bird in a ditch. I also feel as I stated before that there's a big difference in my mind between an accidental break-out and a daily ritual. Ones going to happen occasionally regardless of preparations or precautions and I've stopped many times to help someone wrangle animals back into a field. The other is a deliberate acknowledgement to put the wants of the animal ahead of people. Sorry but I can't see it any other way. There's usually a way to keep your animals both safe and happy.

[Mel.B]

its about your local bylaws. if someone lodges a complaint with them they can fine you as its your responsibity to keep your animals in your property as most bylaws will state and if not then a fine is issued. try looking that up its not always enforced unless a complaint is lodged

[karend]

Yes, there are city bylaws. Typically it's about caring for your animals. The SPCA came out, saw that I have a fenced barnyard, saw that the animals are cared for. She's the one who suggested there may be criminal liability IF there should be an accident and IF there were injuries. Thing is, I haven't been able to find any actual documentation supporting that notion. As far as bylaws, there are differences between farm animals in agricultural zoned areas compared to animals in areas zoned residential. This particular paragraph of the bylaw is interesting: "Every owner of an animal is responsible for the safekeeping of such animal and shall provide an environment wherein the animal cannot be injured or infected by the enclosure and the enclosure shall not cause physiological or mental harm to the animal enclosed as determined, if required, by a veterinarian or expert with knowledge and experience related to the species."
I cannot see guinea fowl being penned up. In the past, we have clipped wings, but stopped that practice when the guineas didn't have the ability to fly up into a tree when attacked by a coyote. In our area, guinea fowl have become the preferred method for keeping the tick population under some sort of control. Unfortunately we have some neighbours who want to live in agricultural zoning, but do not want any agriculture activity to take place around them. My original question was, does anyone have any personal knowledge of a farmer being held liable for a fowl causing an accident on the road or is anyone aware of any actual traffic law regarding liability? Incidentally, my guineas do not hang around, or play in the road continuously. The five adults I have, typically roam along the forest edge, follow the front ditch until they get to the driveway, then cross the road to range in that ditch, then make their way back. The birds never used to cross the road, I'm wondering if the tall ditch grass is the attraction. The region is responsible for cutting it, which they have just done recently. Unfortunately, the habit in the birds has been established, I'm hoping they'll forget about it over the winter. Thanks, again.

[Killerbunny]

Our big attraction is apples in the ditch over the road.

[JimW]

I have no personal knowledge of anyone being held liable for the bird causing an accident, but it today society I am sure it is only a matter of time before it happens.

We have guinea fowl that we normally free range for tick control but lost of last one this past winter. We have 8 3 month old birds but have not let them out this year. Our last batch of guineas would go on the road, one was killed, our batch the year before would never go on the road. We live on a busy county road so lots of traffic. I would like to free range again for tick control, but I am concerned about the birds getting hit and causing an accident, even if the chance is remote. Not really concerned about liable, more that they will cause an accident and someone will be injured right in front of our home, will be hard to live with. These days animal keepers in general have it hard enough with by-laws and the "antis", we don't need more bad press of animal causing an accident.

JimW

[kenya]

Unfortunatley those guinea fowl have decided going across the road is ok. You will never change them unless you start out with new birds. In my mind there is no value to guinea fowl who can't free range. I mean they are there to rid the area of ticks. I don't suppose the ticks will stay in the fenced in area for ya, na I didn't think so. I suggest you get rid of this lot and get some chicks and try again. No sense being responsible for an accident.

[KimChick]

We are on a busy county road and are always out supervising our hens or turkeys when we let them out. Our neighbour had let his hens and turkeys free range, but predators got a lot of them; his house is further back from the road. However, when he had pigs last summer, they came to visit us twice by way of the county road, which caused a few honking horns and slowing of traffic. However, that summer was so dry that his electric fence failed to work. His turkeys also came for a visit. But being a good neighbour, he dealt with the problem in short order. I do not think he lost any livestock by road-kills.

[KimChick]

Thank you for your comments. Being a librarian (day job) I exercised my research skills and here is what I've found. After searching the CanLII - Ontario site (case laws) I have not found one court case where there was accidental injury caused by domestic farm animals on the road. The only thing that came close was Atkinson v. Fleming, 1955. And that was a driver hitting cattle. Driver (plaintiff) sued the farmer (defendant), but the farmer counter-sued for the value of the killed cattle. Initially the court divided the fault, but I stopped reading as it got into details of appeal. Most cases involving livestock on the road are a result of a traffic accident with a truck full of livestock being transported. From the MTO's driver's handbook: "You may encounter domestic, farm or wild animals on the road anywhere in Ontario. Scan the road ahead from shoulder to shoulder. If you see an animal on or near the road, slow down and pass carefully as they may suddenly bolt onto the road. Many areas of the province have animal crossing signs which warn drivers of the danger of large animals (such as moose, deer or cattle) crossing the road. Be cautious when you see these signs, especially during dusk-to-dawn hours when wild animals are most active.

To reduce your chances of hitting an animal:

Reduce speed in darkness, rain and fog. These conditions can reduce your ability to see an animal on or near the road.
Travel at a safe speed and stay alert. Driver inattention and speed are common factors in animal-vehicle crashes.
Watch for shining eyes at the roadside. If you do see shining eyes, slow down and be ready to stop.
Keep your windshield clean and headlights properly adjusted.
Use high beams whenever possible and safe to do so, and scan both sides of the road ahead.
If you see an animal:

Slow down and sound your horn.
Be alert for other animals that may be with the one you've seen.
Don't try to drive around the animal. Animal movements are unpredictable.
If you wish to watch an animal, find a safe place to pull completely off the road and park first. Do not park on the shoulder of the road, as other drivers may be distracted by the animal and hit your vehicle.
Stay in your vehicle; getting out increases your chance of being hit by another vehicle.
If you hit a deer or moose, report it to the local police service or the Ministry of Natural Resources. Do not try to move an injured animal."

Perhaps this is why I can't find any case law? If my guinea hen is crossing the road, a driver should be travelling at the rate of speed that would allow them to slow down, they should not swerve out of their lane. It is not the animal that causes the accident, it is driver inattention and error in reacting to the situation. I'd like to see municipalities erecting signs at entry points to agricultural zoning areas. I think it would be helpful to promote an awareness to people who just may not understand the nature of some farming activity.

Recently, my husband was out on a job site near Binbrook, where he saw a sign posted on the side of a road at a poultry farm that said, "We will be closing our operations due to residential interference". I think that is sad.
In the last five years or so that we have had guinea fowl, I've lost only 3 to road kill, but have lost probably 30 or so to wild predators.

I used to live out in that area - East of Binbrook - and knew only of one poultry farm - at the corner where Binbrook Rd meets Westbrook Rd. on the south side. Is it that one?