Question Fowl on the road

[karend]

Hello. Just wondering if anyone can tell me of any laws regarding guinea fowl, chickens, ducks... any barnyard birds that cross the road in front of your house. I don't like my birds crossing; have lost one or two from being hit by cars. Today I had a visit from the SPCA because the city got a complaint that my guineas are on the road. I had a nice conversation with the SPCA person, explained the natural habits of guinea fowl. I explained that guineas are one of the only natural predators of ticks and it would be pointless to keep guineas if they couldn't free-range to eat the nasty lyme disease carrying pests. She said she learned a lot and saw that I have a barn yard fence, which the guineas fly up and over. After she left I did some Internet research and couldn't find any information at OMAFRA regarding farm animals crossing roads and liability, etc. I did find that in Queensland, Australia, farm animals actually have the right of way on rural roads. I have 37 acres, we are located in agricultural zoning. As far as the Humane Society coming out to follow up on the complaint, I am of the opinion that it is cruel to keep guineas in a pen. I have been living with guinea fowl for over five years now and when they are confined (I keep the younger ones penned up for about 12 weeks) they constantly pace back and forth pecking at the mesh trying to get out. Any thoughts or black & white info out there? Thank you.

[ross]

Personally I've heard but not from experience that if your critters are on the road & someone has an accident because of you are liable . A call to police or insurance co. might help get answer . Luck

[LongCrow]

My hobby farm house insurance covers my livestock out on the road. The Cooperators Insurance Co.
Too many people nowadays report things they know absolutely nothing about. Where has minding your own business gone?

[WLLady]

any half decent farm or hobby farm policy will cover you for animals on the road. if you don't have that insurance then yes, if your animals are killed on the road, you are liable for the replacement of the animal (not the person that hit it), and more importantly, if your animals cause an accident-someone swerves off the road to miss them or hits them and there is damage to the vehicle or worse, the people, you are liable.
your insurance company should be able to cover you very easily if you have a farm policy (if you aren't covered already)

as for people minding their own business HA HA HA HA HA HA!!!!!
sorry, just not my experience that people anywhere can manage to not butt in....

[Ontario Chick]

Was involved in a horrific car accident involving somebody's domestic geese on the road, very dangerous for all concerned.

[Happy]

Someone living on a road I travel a lot has had guineas for several years up until this year. It was a tarmac back road 80 km limit. I can't tell you the number of times I was startled by guineas coming up out of the ditch and I was aware and taking precautions for them. I saw many near accidents and a lot of feather piles on the road. I admit it annoyed me that it was obviously not an every now and then thing but clearly a daily ritual. It put people at risk and regardless of the animal if it's owned by someone I feel it's a responsibility to keep it off roads. I have a dog that loves to chase white or silver cars and trucks. He is kept in fenced back yard for his safety but more so for everyone else's. Had I been annoyed enough by the guineas I would have pulled in the driveway and spoken to the owner directly and wouldn't have even considered involving SPCA. Just my opinion.

[labradors]

I wonder if you could attach a length of floppy snow fence to stop them from flying up on the fence? I wouldn't want my birds leaving my property.

Linda

[karend]

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.

[G Williams]

In today's increasingly litigious society sooner or later some-one will be awarded damages for hitting livestock. The days of free ranging large stock without adequate fencing are over. Even if you are sued and insurance pays for a court battle or settles out of court there will still be an emotional cost and a drain on your time.
I have chickens. If they find their way to the road they are back to the Coop.

[Killerbunny]

I'm glad I am on a dead end street with careful drivers but my turkeys ended up penned because they kept toddling off to visit the neighbours. They didn't mind but the thought of them getting onto the road is scary.