A regional South Australian pensioner has lost a legal battle to keep his three pet roosters, which he claimed were essential "therapeutic animals," after a court ruled their constant crowing was a severe disturbance to his quiet residential neighbourhood.

The Environment, Resources and Development Court has ordered the Adelaide Plains resident to permanently remove the birds from his property. The decision brings an end to a long-running dispute between the resident, his neighbours, and the Adelaide Plains Council, which had received multiple complaints regarding the ongoing noise nuisance.

The Defence of 'Therapy' Animals

During the legal proceedings, the property owner, who is on a disability support pension, argued that the roosters played a vital role in managing his mental health conditions, which include complex post-traumatic stress disorder (PTSD) and anxiety. He contended that forcing the removal of the animals would violate anti-discrimination laws and international human rights conventions.

However, in her newly published judgment, Commissioner Claire Ryan dismissed the discrimination arguments. While the court did not dispute the genuineness of the man’s medical conditions, Commissioner Ryan ruled that requiring the removal of the birds did not constitute discrimination, noting that the resident was being treated no differently than any other local citizen subject to council noise regulations.

Acoustic Testing Reveals 'Intolerable' Decibels

The Adelaide Plains Council presented extensive evidence to the court to demonstrate that the birds were causing a significant local disturbance. An independent acoustic engineer was brought in to conduct sound testing at a neighbouring property. The engineer's report confirmed that the surrounding area typically enjoyed very low ambient noise levels, meaning the crowing became the dominant and unavoidable sound whenever the roosters were released from their coop.

Further evidence from council staff showed that officers visited the property multiple times throughout 2023, consistently witnessing loud and repetitive crowing. Affected neighbours also gave evidence, with one reporting that the crowing frequently started as early as 3:40 am, and another stating the noise was highly disruptive even with all her doors and windows firmly shut.

Although the owner had attempted to mitigate the noise by keeping the roosters in a darkened coop overnight, the court heard that the birds continued to crow incessantly throughout the day once released.

Court Orders Swift Removal

In her final ruling, Commissioner Ryan declared the roosters a "local nuisance" under the state's Local Nuisance and Litter Control Act 2016. She emphasized that the character of the neighbourhood was quiet and residential, and that the noise levels were unreasonable.

"I have determined that, taking into account the character and nature of this locality and area, a normal reasonable person would consider that noise from three roosters crowing constantly and consistently for a period of up to 12 hours during the daytime would be unacceptable and at times, likely, intolerable," Commissioner Ryan stated.

The court has ordered the resident to remove the three roosters within 14 days and banned him from keeping any roosters on the property in the future. The ban does not apply to other poultry, meaning he is permitted to keep hens. Additionally, the resident has been ordered to cover the council's legal costs.