A provincial court judge has fined Salt Spring resident Clinton McNichol $3,750 for contravening a Capital Regional District (CRD) noise bylaw due to keeping roosters on his Woodland Drive property.
Judge Christine Lowe set fines at $750 per offence in Aug. 30 sentencing — after determining in her judgement released the previous week that McNichol was guilty of the CRD noise bylaw infraction on five counts. Fines must be paid by Dec. 2. Lowe also ordered a one-year prohobition on roosters being kept on the property, beginning Sept. 6.
McNichol said Lowe commented that the fine was “intended to discourage other people in a similar situation.”
The bylaw in question requires animals be kept in a manner that does not disturb the “quiet, peace, rest, enjoyment, comfort or convenience of other property owners in the vicinity.”
McNichol said he and his spouse Alia Elaraj used roosters for breeding heritage chickens, flock protection and other benefits.
According to redacted documents McNichol shared on social media in June of 2023, the CRD appeared willing to accept fines of $500 total for five offences, in exchange for McNichol agreeing not to keep roosters on the property. The case proceeded to court instead.
Since Lowe’s Aug. 22 judgement was released, next-door neighbour Isy Cohen, who was one of the witnesses in the CRD case who complained about rooster noise, has initiated a Change.org petition to gain support for a request for Islands Trust rezoning of Woodland Drive from Rural to Residential. Agricultural use is currently allowed on properties zoned Rural but not those with Residential zoning.
A GoFundMe page is still accepting donations to offset McNichol’s legal costs and now the fines.