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Greytness

Filled with stress. My neighbor...

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Today, for the first time, I had one of our macaws out in the new aviary. He wasn't any more noisy than he's been before, but for whatever reason my neighbor poked her head over our fence to speak with my son, saying that there's a noise ordinance and to take the bird inside. She's never ever complained about our birds before, so this took my completely by surprise.

I've spent 2 years planning, saving, and finally building the aviary of my dreams. We don't live in a HOA, either. Her dogs bark incessantly while they're out, and the neighbors on the other side have very noisy dogs. My bird's call was infrequent, albeit loud, yet that put her over the edge.

Am wondering what my rights are. I tried looking up our local city noise ordinance, which was vaguely written with respect to animals.

Feeling very sad and quite stressed that I won't be able to utilize our aviary as I'd dreamed.

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She has probably noticed what you were building and knows that your planning to keep the birds outdoors more.  She's probably trying to nip it in the bud.

 

I would immediately started videoing the noise of the dogs in the neighborhood.  You need a record of that.  Especially hers.  Ordinances are easy to look up, just have a look at your town's ordinance and see what it really says about noise.   It's probably similar to ours:

 

Sec. 3
Quote
-13. - Animal nuisances.

The following shall be considered a public nuisance and shall be unlawful:

<snip>

(e)

The keeping of any animal which causes loud and unusual barking, howling or other noise that disturbs the peace and quiet of any person of ordinary sensibilities; and

(f)

Persistent laxness in cat supervision so that their running at large results in an unreasonable disturbance to a person or persons.

(Ord. No. 1859-8-00, § 1, 8-3-2000; Ord. No. 2867-10-09, § 1, 10-27-2009)

 

Depending on how loud your macaw is, she may have a real issue.   We had a macaw that lived about a block away across a field.  When that thing was in full tilt that's all you could hear.   One of the reasons I won't ever have a macaw or a cockatoo.  Hell, my Greys can be damn noisy at times and won't shut it.

This is a tough one.   Not all is lost though.  If worse come to worse, you may just have to wall it in and make it an outdoor birdroom. 

 

 

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If her dogs are noisy as well, I'm puzzled as to why she'd complain.  I'm not sure what your relationship is, but I would be to talk to her, point out that your birds aren't the only animals in the neighborhood making noise, and express your hopes that all can live in peace. I can't imagine a noise ordinance that wouldn't cover ALL species, not just birds.  She is probably so accustomed to her dogs noises that she doesn't notice it any more. Maybe she needs to be reminded. As SR said, the first thing I'd do is document the other "critter" racket in the neighborhood, specifically hers.

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I did take a look into the noise ordinance laws, which have been loosely written. I spoke with a lady who was very helpful. She said that if a noise complaint has been lodged, they will send someone near the property to assess the level of noise. If things are quiet, they then close the case.

If more than 2 neighbors lodge a complaint, then the noise merits being considered a nuisance. There could be a fine.

I only have the birds out in the aviary in small groups while I'm here. If Dexter or Shaylor, my 2 macaws get themselves going, then I bring them inside. The other birds really aren't problematic decibel-wise.

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