Abandoned peacocks near Fintry

[western_star]

A person in my subdivision bought peacocks and let them run around wild off his property and now they won't go home. He says they are not his after I asked him who's peacocks they were and he said probably his, probably because I asked him to collect the peacocks. The peacocks are very loud and they can squawk for 40 minutes in a row with barely taking a breath. They also scratch vehicles jumping up on them and they peck shiny spots on new vehicles, and they leave large poop everywhere.

The Regional District of Central Okanagan does not collect peacocks and neither does the SPCA. The Regional District of Central Okanagan told me they will do nothing. I believe it because I seen this story about Petey the peacock on the loose at Okanagan College in Kelowna.
http://www.cbc.ca/news/canada/british-c ... nagan.html

Also Castanet Forum talked about Petey the peacock on the loose at Okanagan College
viewtopic.php?f=23&t=29768

From what I understand is that Peafowl are like the bunny problem where a rescue society or private individual has to act to catch them or the problem gets out of hand. There were only a couple peafowl in 2009 until they had babies June 2010, and now this year there are about a dozen. Some of those dozen are now having babies this June 2011. Next June 2012 there will probably be 50 peacocks on the loose. One peahen can hatch 7 eggs and they sit on their nest for 28 days straight without leaving I have been reading. I also understand they can get worms and need deworming.

There is a problem with government that they would let this problem become an even bigger problem before they will consider acting on this. If the Regional District gets involved in the future, it will be very costly catching all the peafowl. Peafowl roost overnight in trees.

These peafowl are being chased from one vacation home to the next and back again. This is not fair to the peafowl. They lived through the winter, but how well they did is a question that only peafowl know I suppose. I don't believe peafowl belong in a subdivision of 147 half acre lots.

Also I think the City of Kelowna ended up paying someone to collect the bunnys and so the cost probably comes out of taxpayers pockets no matter how we look at it.

I would like to see our government capture abandoned peafowl and bunnys before they become a problem and it it costs a lot more after it becomes a larger problem, how about you?

[strwbrrydvl]

Gorgeous birds. Thanks for sharing the photos.

The peacocks are very loud and they can squawk for 40 minutes in a row with barely taking a breath. They also scratch vehicles jumping up on them and they peck shiny spots on new vehicles, and they leave large poop everywhere.

These peafowl are being chased from one vacation home to the next and back again. This is not fair to the peafowl. They lived through the winter, but how well they did is a question that only peafowl know I suppose. I don't believe peafowl belong in a subdivision of 147 half acre lots.

I agree that the nuisance must be terrible and that it is not fair to these birds to be chased from home to home in a neighbourhood but.. I think it would be pretty darn neat to look out my window and see some peacocks instead of free-range cats or 'coons!

I would like to see our government capture abandoned peafowl and bunnys before they become a problem and it it costs a lot more after it becomes a larger problem, how about you?

I am undecided about this. Someone should catch them or even just move them to a less inhabited area but I am just not sure who (municipality, SPCA etc) should be responsible for doing so.
How does one go about purchasing peacocks? The person who originally brought them into the neighbourhood should have to pay for the removal of them, IMO. Could it be proven who bought them?

[western_star]

I know who brought the peacocks into the subdivision but it would be hard to prove, mostly because there are many people who won't speak up. The people I know would prefer to let the peacocks populate and get out of hand until they can't stand it anymore before something is done.

Sure I have $10 for each peacock that is shot with a bow and arrow if you want to come out and practice, but the peacocks are not always on my property and are mostly across the road on a vacation property so I would have to entice them to my property before you come out. I was thinking of getting some chicken feed to entice them. I could ask the vacation home across the road if he would mind someone shooting a bow on his property and see what he says. He complained to me that the peacocks are behind his house squawking at 5am .. funny he didn't hear them at 3am and 4am though LOL. He may be here this weekend so I will watch for him. I don't have the resources to trap them and give them away so a bow is the next best thing.

Both the municipality and the SPCA say they will do nothing and so it is up to private individuals like myself to take care of something the Regional District of Central Okanagan and SPCA should take care of because now the peacocks will be killed due to limited resources. The SPCA has the resources and they should be the ones looking after this.

From what I understand peacocks are not regulated by the Wildlife Act or the Livestock Act or any Act. I only found one bylaw in regards to peacocks and that was in Chilliwack.

I can't believe how many people are undecided about government taking control of abandoned peacocks? Government looks after abandoned dogs and cats, why can't they take control of abandoned peacocks LOL?

[western_star]

Gorgeous birds. Thanks for sharing the photos.

I agree that the nuisance must be terrible and that it is not fair to these birds to be chased from home to home in a neighbourhood but.. I think it would be pretty darn neat to look out my window and see some peacocks instead of free-range cats or 'coons!

When there were only two peacocks with long tails showing off, they were nice to look at but that is about all peacocks are good for .. I took many pictures because I do like to look at them. Peafowl belong on a farm and not in a subdivision consisting of 1/2 acre lots.

Did you know that in the Regional District of Central Okanagan you are permitted 5 birds on a 1/2 acre lot including roosters. Rooster are suppose to be in a sound proof building from 7pm until 7am. We may be rural here, but we are not farmers and who do you know that wants to be woken up at 7am everyday including weekends? This is an outdated bylaw that needs to be revised to say roosters should be kept in a sound proof building from 9pm - 9am I would say or maybe even 8pm - 9am. You can only place a chicken coop so far away on a 1/2 acre property compared to on a 30 acre parcel.

RDCO Animal Control Bylaw #880 regulates birds in the Regional District of Central Okanagan
The Regional District Animal Control Bylaw No. 880 is enforced in the Electoral Areas (Central Okanagan East and Central Okanagan West) of the Regional District of Central Okanagan by complaint only. The Bylaw sets out the regulations for keeping of pets, farmed fur bearing animals, farmed game, game birds, birds, poultry, livestock, aviaries for tropical birds, and dog kennels.
http://www.regionaldistrict.com/departm ... lctrl.aspx

[imahoser]

Well that is just cruel. Have you taken the more humane route.. AKA post an ad. Peacocks are beautiful and desired birds and perhaps there is someone out there that would love to take these birds home and care for them.

Have you called conservation officers?

Since you have decided to take responsibility for these birds into your own hands and even willing to pay to kill them and publicly announcing so, you have just made yourself accountable for decent and humane treatment of them. People are watching.

[imahoser]

Well I eat my words. I see you do have an ad on kijiji. Thanks

[western_star]

Well that is just cruel. Have you taken the more humane route.. AKA post an ad. Peacocks are beautiful and desired birds and perhaps there is someone out there that would love to take these birds home and care for them.

Have you called conservation officers?

Since you have decided to take responsibility for these birds into your own hands and even willing to pay to kill them and publicly announcing so, you have just made yourself accountable for decent and humane treatment of them. People are watching.

I know its not right if the birds are killed, but I have tried calling everywhere and yes I placed an ad in Kijjiji and have emailed the Bishop Bird Sanctuary in Coldstream and the Parrot Island place in Peachland and a place at Cherry Creek and I have called the Ministry of Environment, and Fisheries who look after wildlife, Conservation, the police about shooting them, the Regional District, the SPCA, the Kamloops zoo, The MLA, a rescue place I seen on Kijjiji, Wise Wildflife Control who is expensive, etc. I am waiting for a reply from the rescue place. I have yet to find them a home or any government dept that is concerned. I don't have the resources to look after the problem and the only thing I can do is try and find someone who can.

I am willing to help trap them, if someone has a trap and will come and capture them. I can place food in the trap and I can pull a string when they enter the trap but that is about all I can do.

I believe that shooting them with a bow and arrow is permitted and considered humane if you want to call it that.

The place at Cherry Creek would take a couple but I can't afford the gas to take them there and I am not sure they would be willing to travel here to collect them. I told the lady that I would bring them to her for free before I found out the problem I face, and so I think that is the only way she will take them. I thought maybe if I could find them a home the SPCA would capture them and deliver them. If there is someone travelling to Cherry Creek that would deliver peacocks, that would be helpful. I heard that peacocks will travel far to get back to where they were living so maybe cherry Creek would be a good place for them.

[western_star]

Well I eat my words. I see you do have an ad on kijiji. Thanks

I don't want to see them killed but if that is the only choice, then so be it. I would rather the Regional District of Central Okanagan fine the man that brought them here and make him responsible. The Regional District could fine him enough to pay for the collection of the peacocks. I would help find them a home by placing ads and contacting potential caregivers. I think I am going to call the SPCA back and see if they will help capture them if I can find them a home, because maybe that is partly the problem. I will let you know what I find out.

[western_star]

Well I eat my words. I see you do have an ad on kijiji. Thanks

I think I am going to call the SPCA back and see if they will help capture them if I can find them a home, because maybe that is partly the problem. I will let you know what I find out.

The SPCA left a message saying they don't have any traps and that maybe I could buy a trap from Buckerfields or call an animal control company and pay for it myself.

[western_star]

I just drove by the man with the peacocks on his property and his peacocks are roosting outside their pen and can fly onto the road. The Regional District paid him a visit the other day but what good did that do? The same day I drove by about 7pm and the peacocks were sitting on his fence. The Regional District is also part of the problem. I doubt he received a fine or anything. I have complained about dogs barking and they never receive a fine.... not even after 10 complaints because I can't see through the trees to the lot across the road from me. It doesn't seem to matter if I know what dog is barking by the sound it makes and by the pattern of how it barks, I have to see the dog barking. I try that and the owners chase me down the road yelling at me. I call dog control when the dog is barking and they are unavailable to catch the dog and if the gate at the end of the long driveway is locked, I am out of luck even though I can tell where the barking is coming from. I believe the Regional District is useless. I think I need to stop calling RDCO and take them to court. The purpose of a Regional District is the following according to the Local Government Act.


Local Government Act

[RSBC 1996] CHAPTER 323

Part 1 — Purposes, Principles and Interpretation




Purposes of this Act

1 The purposes of this Act are

(a) to provide a legal framework and foundation for the establishment and continuation of local governments to represent the interests and respond to the needs of their communities,

(b) to provide local governments with the powers, duties and functions necessary for fulfilling their purposes, and

(c) to provide local governments with the flexibility to respond to the different needs and changing circumstances of their communities.




Purposes of regional districts

2 Recognizing that regional districts are an independent, responsible and accountable order of government within their jurisdiction, the purposes of a regional district include

(a) providing good government for its community,

(b) providing the services and other things that the board considers are necessary or desirable for all or part of its community,

(c) providing for stewardship of the public assets of its community, and

(d) fostering the current and future economic, social and environmental well-being of its community.




Principles for governmental relations

3 The relationship between regional districts and the Provincial government in relation to this Act is based on the following principles:

(a) cooperative relations between the Provincial government and regional districts are to be fostered in order to efficiently and effectively meet the needs of the citizens of British Columbia;

(b) regional districts need the powers that allow them to draw on the resources required to fulfill their responsibilities;

(c) notice and consultation is needed for Provincial government actions that directly affect regional district interests;

(d) the Provincial government recognizes that different regional districts and their communities have different needs and circumstances and so may require different approaches;

(e) the independence of regional districts is balanced by the responsibility of the Provincial government to consider the interests of the citizens of British Columbia generally.


http://www.bclaws.ca/EPLibraries/bclaws ... .xml#part1






Local Government Act about Animal Control
Animal control authority

703 (1) Subject to subsection (2), the board may, by bylaw, do one or more of the following:

(a) regulate or prohibit the keeping of dogs, horses, cattle, sheep, goats, swine, rabbits or other animals and define areas in which they may be kept or may not be kept;

(b) require that the owner, possessor or harbourer of a dog, or any class of dog, must keep it, as the bylaw directs,

(i) effectively muzzled while at large or on a highway or public place, or

(ii) on leash or under control of a competent person while on a highway or public place.

(2) For the purpose of subsection (1), "other animals" does not include any animal that the board did not have authority to regulate in respect of, or prohibit the keeping of, under section 703 as it read immediately before its re-enactment by the Community Charter Transitional Provisions, Consequential Amendments and Other Amendments Act, 2003.

(3) Without limiting subsection (1) (a), a bylaw under that provision may regulate the keeping of dogs by requiring persons who own, possess or harbour a dog to hold a licence for the dog.

(4) A bylaw referred to in subsection (3) may

(a) require a separate dog licence for each dog, and

(b) vary the amount of the fee according to the sex, age, size or breed of the dog.

(5) A dog licence issued under this section is for the calendar year in which the licence is issued.

(6) If a fee is imposed for a dog licence, the board may, by bylaw,

(a) provide for the payment of compensation, on a scale set out in the bylaw, to the owner of any domestic animal that is killed or injured by a dog over the age of 4 months, the owner of which is unknown and, after diligent inquiry, cannot be found, and

(b) provide for the maximum sum that is available in any one year for the purposes of compensation under this subsection.


Animal pounds

707 The board may, by bylaw, do one or more of the following:

(a) provide for the seizure, impounding and detention of

(i) unlicensed dogs, and

(ii) animals referred to in section 703 (1) (a) that are unlawfully at large;

(b) establish, maintain and operate facilities as pounds;

(c) regulate and establish the fines and fees, including damages for trespassing on private property, to be levied and collected by pound keepers;

(d) provide for the sale or destruction of animals impounded if the fines, fees and other charges are not paid within a reasonable time.


http://www.bclaws.ca/EPLibraries/bclaws ... _division1

[western_star]

THE BRITISH COLUMBIA SOCIETY FOR THE PREVENTION OF CRUELTY TO ANIMALS

1. The name of the Society is “The British Columbia Society for the Prevention of Cruelty to Animals”.

2. The objects of the Society are to prevent cruelty to and promote the welfare of animals.
Without limiting the generality of the foregoing, the Society may:
(a) enforce the existing laws, having as their object the prevention of cruelty to animals or the protection of animals;

(b) exercise the powers granted to the Society by the Prevention of Cruelty to Animals Act, and amendments thereto, of the Province of British Columbia;

(c) promote new legislation, having as its purpose the prevention of cruelty to animals or the protection and welfare of animals;
(d) promote, encourage and carry out education in the humane treatment of animals;

(e) form and establish Branches in its discretion in any part of the Province and define the geographic boundaries of such Branches, and require that such Branches comply with the Constitution and Bylaws of the Society and with any rules, policies and directions the Society may make from time to time;

(f) establish and operate shelters for the reception and care of animals, in particular sick, injured, stray, seized, or unwanted animals, and provide facilities for the humane destruction of animals;

(g) enter into agreements with the Government of the Province of British Columbia, with any Municipality or Regional District or with any other local governmental authority to act as pound keeper in any defined area within the Province and to operate animal shelters in conformity with the principles of the Society;

(h) make awards to persons performing acts of outstanding bravery or endurance for the benefit of animals;

(i) make awards to animals which, by their actions, have been instrumental in saving life or property;

(j) perform such other lawful things as are incidental, necessary or conducive to the above purposes, including, without limitation buy, sell, exchange, develop and mortgage property, enter into contracts and leases and employ persons.

http://www.spca.bc.ca/assets/documents/ ... on-and.pdf

[western_star]

Prevention of Cruelty to Animals Act
[RSBC 1996] CHAPTER 372
This Act is Current to May 18, 2011
Part 1 — Interpretation and Application

Definitions

1 (1) In this Act:

"justice" means a justice as defined in the Offence Act;

"registered veterinarian" means an individual who is authorized under the Veterinarians Act to practise veterinary medicine;

"rules", in relation to the society, include except in section 5 the constitution, bylaws and regulations of the society;

"society" means the society continued under section 3.

(2) For the purposes of this Act, an animal is in distress if it is

(a) deprived of adequate food, water, shelter, ventilation, space, care or veterinary treatment,

(b) injured, sick, in pain or suffering, or

(c) abused or neglected.

(3) For the purposes of this Act, a person responsible for an animal includes a person who

(a) owns an animal, or

(b) has custody or control of an animal.

Part 2 — The Society
Application

2 This Act does not apply to wildlife, as defined in the Wildlife Act, that is not in captivity.

Corporate duties and obligations

9 (1) The society must

(a) have an address in British Columbia to which all communications and notices may be sent and at which all process may be served, and

(b) file with the Registrar of Companies notice of every change of address within 14 days after the change is made.

(2) Every general meeting of the society must be held in British Columbia.

(3) The society must hold an annual general meeting.

(4) Within 14 days after the annual general meeting, the society must file with the Registrar of Companies

(a) an audited financial statement in the form of

(i) a balance sheet containing general particulars of assets and liabilities, and

(ii) a statement of income and expenditure, and

(b) a list of directors of the society, stating for each director his or her address and date of appointment or election.

(5) In addition to the filings required under subsection (4) (b), on request by the Registrar of Companies, the society must furnish the registrar with particulars of directors of the society.

(6) The society and each of its branches must

(a) maintain a register of members, and

(b) record in it the name and address of every person admitted as a member of the society.

(7) Failure, refusal or neglect by the society to observe or perform a duty or obligation created or imposed by this section or section 8 (4) or (5) is an offence.

(8) If the society commits an offence under subsection (7), it is liable on conviction to a penalty of not more than $100.


Part 3 — Relieving Distress in Animals
Abandoned animals

10.1 (1) In this section, "abandoned animal" includes an animal that

(a) is apparently ownerless,

(b) is found straying,

(c) is found in a rental unit after expiry of the tenancy agreement in respect of the rental unit, or

(d) if a person agreed to care for the animal, is not retrieved from that person within 4 days following the end of that agreement.

(2) If an authorized agent is of the opinion that an animal is an abandoned animal, the authorized agent may take custody of the animal and arrange for food, water, shelter, care and veterinary treatment for it.



Disposition of abandoned animals taken into custody

17 If an animal is taken into custody under section 10.1 and

(a) the owner is unknown, the society may destroy, sell or otherwise dispose of the animal after the society has held the animal for a period of at least 4 days, or

(b) the owner is known, the society may destroy, sell or otherwise dispose of the animal 4 days after the society has given notice to the owner in accordance with section 19.



Costs of taking action and proceeds of disposition

20 (1) The owner of an animal taken into custody or destroyed under this Act is liable to the society for the costs incurred by the society under this Act with respect to the animal.

(2) The society may require the owner to pay the costs for which he or she is liable under subsection (1) before returning the animal.

(3) Subject to subsection (4), the society may retain the proceeds of a sale or other disposition of an animal under section 17 or 18.

(4) If the proceeds of a sale or other disposition exceed the costs referred to in subsection (1), the owner of the animal may, within 6 months of the date the animal was taken into custody, claim the balance from the society.


Part 4 — General

Aid by police

21 A peace officer must assist the authorized agents of the society in enforcing this or any other law relating to the prevention of cruelty to animals.


Offence

24 (1) A person responsible for an animal who causes or permits the animal to be or to continue to be in distress commits an offence.

(2) Subsection (1) does not apply if the distress results from an activity that is carried on in accordance with reasonable and generally accepted practices of animal management.

(3) If a person is convicted of an offence under subsection (1), a justice may, in addition to any other penalty that may be imposed for the offence, prohibit the person from owning or having custody or control of an animal for a period of time specified by the justice.

(4) A justice may make an order under subsection (3) on any terms the justice considers appropriate.

(5) A person who fails to comply with an order made under subsection (3) commits an offence.

Animals taken into custody

24.2 Sections 23 to 24.2 of the Offence Act do not apply to an animal taken into custody under this Act.

http://www.bclaws.ca/EPLibraries/bclaws ... 0_96372_01

[imahoser]

Well maybe you need to build yourself a nice soundproof house because it seems that you are half the problem. Sorry to say. Dogs bark.. birds chirp, fowls crow, bears growl, etc. You can't expect everyone around you to bend to your needs. Turn a hose on the peacocks when they come on your property. They will soon stop. Or get a big cat.

[imahoser]

As a matter of fact, if you can catch our husky, you can take him home. He will kill every bird and cat and maybe even another dog within a 5 mile radius, but he howls at night, so I guess that is out.

[western_star]

Well maybe you need to build yourself a nice soundproof house because it seems that you are half the problem. Sorry to say. Dogs bark.. birds chirp, fowls crow, bears growl, etc. You can't expect everyone around you to bend to your needs. Turn a hose on the peacocks when they come on your property. They will soon stop. Or get a big cat.

No I am not the problem. I don't want to hear two dogs howling all Christmas Day and nor do I want to hear them howl for 6 hours straight with barely a break, nor do I want to hear them howl every 10 or 15 minutes thoughtout the day. Would you? I have a dog and my dog doesn't bark like that and nor would I let it. Dogs are trainable ... people on the other hand are another story.