Neighbors animals / roosters / and my legal options ?

[LdiJ]

Your tax client's pest removal service is one example of humans controlling wild animals.

In addition to pest control businesses, deer herds can be controlled through capture or kill, and human measures are taken to prevent geese, seagulls and pigeons from interfering with air flights or from frequenting golf courses and beaches, and "attractive nuisances" like open garbage cans can be removed or protected from animal access to prevent raccoons and bears from populating an area ...

These are all ways humans control wild animals, even if these human controls do not necessarily prevent wild animals from doing what wild animals will do, like making themselves at home in house attics or basements.

Having filled (plastic) pools of water can attract geese so removing these pools can make the property less attractive to water-loving creatures. Dogs and cats are also good deterrents.

I live in the country and daily hear the sound of my (distant) neighbor's rooster. The rooster lived in the area before I did, though, so I would never think to complain about his crowing, even if I disliked the sound (which I don't).

Fair enough, but I was really talking about someone attempting to sue someone else to do something about wild animals on their property.

 

[quincy]

Fair enough, but I was really talking about someone attempting to sue someone else to do something about wild animals on their property.

Fair enough ... but that is not what you said.

 

[Just Blue]

Fair enough, but I was really talking about someone attempting to sue someone else to do something about wild animals on their property.

But OPs neighbor is creating an attractive nuisance on his property.

 

[HRZ]

I'm having problems with the concept of an attractive nuisance in its common usage in terms of attracting children to places that could be dangerous ....I get it that geese making a permanent home can be more than just a pain ...and 25 or so of them can leave a mess in my yard at my cottage ...but such is life ....get over it !

The neighbors jackass is a pretty good alarm as to strangers in the area .

 

[quincy]

I'm having problems with the concept of an attractive nuisance in its common usage in terms of attracting children to places that could be dangerous ....I get it that geese making a permanent home can be more than just a pain ...and 25 or so of them can leave a mess in my yard at my cottage ...but such is life ....get over it !

The neighbors jackass is a pretty good alarm as to strangers in the area .

I placed "attractive nuisance" in quotes to indicate I was referring to animal magnets (things that can be attractive to animal pests). I can see how that was confusing. Sorry.

Here is a link to Colorado's Park and Wildlife on living with wildlife, although I am aware the issue here is primarily roosters (click on birds, the Canada Goose, for how to control geese): http://cpw.state.co.us/learn/Pages/LivingwithWildlife.aspx

 

[Klosty]

Thanks for the feedback I appreciate it. Its a unique situation, our lots are long and thin making our proximity to one another much closer than the typical 5 acres would suggest. Picture a development with 1-2 acre lots. I neglected to mention the neighbor keeps the wild turkeys enclosed in a pen with her other poultry. What I also find strange is the legal dichotomy that exists regarding dogs vs poultry turkeys etc. In effect its says property owners must control their dogs but the rest of the animals are free to raise hell all day long, starting at 4:00am. Animal control has been out several times and issued them tickets for their 4 junk yard dogs. Anyhoo sorry for getting crabby (I’m routinely sleep deprived) everyone’s input was very helpful. I will take your advice and consult an attorney.

 

[quincy]

Thanks for the feedback I appreciate it. Its a unique situation, our lots are long and thin making our proximity to one another much closer than the typical 5 acres would suggest. Picture a development with 1-2 acre lots. I neglected to mention the neighbor keeps the wild turkeys enclosed in a pen with her other poultry. What I also find strange is the legal dichotomy that exists regarding dogs vs poultry turkeys etc. In effect its says property owners must control their dogs but the rest of the animals are free to raise hell all day long, starting at 4:00am. Animal control has been out several times and issued them tickets for their 4 junk yard dogs. Anyhoo sorry for getting crabby (I’m routinely sleep deprived) everyone’s input was very helpful. I will take your advice and consult an attorney.

For the wild turkeys that your neighbor keeps penned up, you can contact the Colorado Parks and Wildlife Office - this if you are sure the turkeys are actually wild turkeys.

I don't see that you have much of a legal action to pursue ... but good luck.