ONTARIO
NORMAL FARM PRACTICES PROTECTION BOARD
Pickering v Mancini 1998 ONNFPPB 51
DATE OF DECISION: 1998-03-31
98-03
STATUTE: Farming and Food Production Protection Act 1998
HEARING:
BETWEEN: Ronald Pickering and Michael Berger -- Applicants and Luigi Mancini -- Respondents
Background
The original applicants in NFPPB Hearing No. 98-03 were Ronald Pickering, Bruce Hillis and Helen I-Ms. On November 27, the Board received a request from Mr. and Mrs. Bruce Hillis that they be removed as applicants in the noise complaint against Luigi Mancini.
On the same date, a letter of application was received from Michael Berger requesting party status in the noise complaint against Luigi Mancini. All parties were notified on Dec 1, 1998 that Berger was added as a party. The parties agreed to the amendments and the hearing proceeded on Dec. 11, 1998 in the Township of Uxbridge offces at 51 Toronto St. S. Uxbridge, Ont. L9P 1T1.
Reasons For Decision
The applicants are individuals who own property on either side of Lot 33, Conc.. 1 Uxbridge Township owned by the respondent, Luigi Mancini.
Ronald Pickering, a beef farmer, owns 92.6 acres of Part Lot 34, Conc.. 1 Uxbridge Township, Region of Durham. He resides across the road from this property on Lot 34, Conc. 8 of the Township of East Gwillimbury, Region of York.
Michael Berger owns Lot 32, Conc. 1 of Uxbridge Township and resides on that property. His home is located approximately 1500 feet back from the East Townline Road and approximately 500 feet southeast of the Mancini barn.
The respondent Luigi Mancini owns and resides on Lot 33, Conc.. 1 of Uxbridge Township. He operates a cow-calf farm on which he raises Blonde D'Aquitaine cattle. He currently has a herd of 23 head, on which he states that he presently has four cowbells. There was some dispute with the applicants as to the exact number of bells. Both Mr. Berger and Mr. Pickering stated that there were many cowbells, although they could not say definitely as to how many bells were being used in the operation.
Mr. Mancini recently sold 12 cattle at a fall sale. Luigi Mancini stated that during the past two years the maximum number of bells used at any one time was five.
The cattle pasture throughout the 200 acre farm. The topography of the farm varies and includes woods, swamp and cleared pasture. The swamp is at the back of the farm and an electric fence restricts cattle access until drier conditions exist. The open pasture is at the front of the farm, along the road frontage and midway back the farm. Mr. Mancini stated that the bells are worn by the lead cow and by pregnant cows. The purpose of the bells on the Mancini operation is to enable them to monitor the cows and for predator control. Luigi Mancini stated that the cows come up to the barn at night.
Concerns of the Applicants
In evidence given by both Ronald Pickering and Michael Berger, the noise from the cowbells is very loud and constant, day and night.
Ronald Pickering submitted a letter from his wife Mary Pickering, stating that she would be awake and flustered from the noise at 2:00 a.m.
Michael Berger stated that the cowbells were very loud. He could hear the noise of the bells coming through the trees, even when the cattle were in the barnyard.
Michael Berger stated that he could not tolerate the sound of any level of cowbell noise. Ronald Pickering stated that the use of one or two bells would be acceptable level of noise. Toni Plooy, a neighbour living 800 meters from the Mancini farm on lot 35 Conc.. 8 East Gwillimbury Township, gave evidence that she is not bothered by the sound of the bells. A petition was submitted into evidence signed by 28 residents of Brown Hill Community stating that they were not bothered by the bells and would like them to stay. Brown Hill is located approximately two miles west of the Mancini farm.
Mr. Konrad Reinbegger, made a submission to the Board on how he is aggrieved by the noise of the bells. The noise of one or two bells would be acceptable. Mr. Reinbegger lives directly across the East Townline Road from Michael Berger on Lot 33 Conc. 8 of East Gwillimbury Township.
Reinbegger had also signed the petition, circulated by Toni Plooy and submitted into evidence by Mr. Mancini, supporting Mr Mancini's use of cowbells.
The Board concluded that the applicants are aggrieved by the noise of the cowbells, pursuant to Section 5(1), Act to Protect Farming and Food Production.
Finding of Facts
There are coyotes in the area. Toni Plooy reported that she could often hear them howling. Evidence was submitted by Joe Mancini of a livestock claim from the Township of Uxbridge for sheep and goats killed by coyotes. This occurred in 1981. Mr Mancini discontinued raising goats and sheep and concentrated on beef production. It was at that time that he started using cowbells as a tool for predator control. Joe Mancini also submitted into evidence a letter dated November 20, 1998 from Dwight Freed of Federated Insurance Company of Canada, indicating that Luigi Mancini should maintain bell collar protection on the animals to deter theft as well as loss to wildlife.
Ronald Pickering, who operates a beef farm in the adjacent area gave evidence that cow bells are not a normal farming practice. He supports the use of Maremma or Great Pyrenees dogs to guard the herd from predators.
Mr David McNevan was called as an expert witness by the respondent. Mr McNevan, a beef farmer for 30 years in Peterborough County and member of the National Blonde D'Aquitaine Assoc. since 1986, was accepted by the Board as an expert witness in livestock management.
He stated that the use of cow bells was a normal farming practice on his farming operation. He estimated that about ten per cent of producers use bells in their operations. He uses one bell on the lead cow on each ranch where he is pasturing cattle. The size of the herd varies on each ranch. The minimum number of cattle would be twelve but could be up to 60 animals including heifers. He believes that the bells act as a deterrent to predators for the first year. The main purpose of the bell is for monitoring the location of the herd. He stated that there would be less movement of the cows and therefore less bell ringing if the cows are content, with adequate feed and less irritation from insect pests.
Joseph Teranio was called as a witness by the respondent. Mr Teranio, a beef farmer from Simcoe County gave evidence that on his farming operation, bells had worked as an effective means of predator control. He has 10 bells on his 32 cows. When a neighbour had three heifers killed by a coyote, Mr. Teranio heard the noise of bells from his cattle and none of them were attacked.
Joseph Mancini stated on his father's behalf, that Luigi Mancini is willing to corral the livestock into the paddock at night, but not to remove the bells entirely. It is his belief that he is saving the taxpayers money by having fewer livestock claims and that he is protecting his investment in the cattle by using bells.
Conclusions
After considering the oral evidence and the exhibits, the Board concludes that:
The primary use of cowbells in a cow calf operation is to monitor the location and activity of the cows. The Board concludes that the use of cowbells, in this situation, is a normal farming practice.
Cowbells are limited in their effectiveness as a predator control, as wildlife become accustomed to the sound.
An over abundance of cowbells does not increase the effectiveness of their use for herd monitoring or for predator control.
Decision
The Board wishes to recognize that some individuals may find the sound of cowbells irritating and stressful. However the evidence suggests that cowbells are a valuable tool in a cow calf operation when animals are pastured in wooded or secluded areas. The number of bells should be reflective of the size of the herd.
The Board therefore orders the following:
That Luigi Mancini limit the number of cowbells used in his cow calf operation. If he has any number of mature cattle from one to fifteen, he is permitted to use one bell. If there are between 16 and 30 mature cattle, he can use up to two bells. Following this pattern, he can add bells as he increases the number of cattle in his herd.
That Luigi Mancini corral his livestock inside the closed paddock of the barn at night, where they have access to feed and water.
Schedule of Exhibits
Exhibit A: Detailed map of area indicating location of farms and homes of Mancini, Berger, Pickering, Reinegger, and Plooy
Exhibit B: Article from Farm Review newspaper of Sept. 1998 entitled "Coyotes: a major liability or a minor pest?
Exhibit C: Letter from Mrs. Mary Pickering
Exhibit D: Letter from Township of Uxbridge regarding livestock claim paid to Luigi Mancini
Exhibit E: Letter from Federated Insurance Company dated Nov. 20, 1998
Exhibit F: Letter from Toni Plooy and petition supporting use of cowbells
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