By Anna Giles

SACRAMENTO (CBS13) — A backyard battle is unfolding over strange animal noises.

A Sacramento County man says he’s fed up with his neighbor’s bird that won’t stop crying, but county Animal Control said the situation is not abuse, so what happens next?

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“This is unbearable when it starts,” said David Imre, who said his peace of mind has been greatly altered.

He said he hears the bird cry every day for hours.

“Your nerves literally just get stiff,” Imre said.

He said his neighbors have kept the bird for years but only recently moved it to an outdoor tent. Then, the noise got worse.

Imre said he’s getting open-heart surgery next month and requires a peaceful at-home recovery.

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“Nothing stops it,” he said. “I tried to talk to the neighbors and Animal Control came out, but it seems like the issue hasn’t been resolved yet.”

Animal Control told CBS13 it has responded to the home and the bird owners are not in violation of any laws. The animal is in great condition with adequate housing – but the cries continue.

“When you hear it, you would wish it on nobody,” said Alysia Gonzalez, who lives on the next street over and said she also hears the bird.

A spokesperson for Animal Control said there is a county law against habitual animal noise. Imre can go through an official complaint process like you would with a barking dog.

Meanwhile, Imre said he worries about being able to recover from surgery.

“I would love them to understand that this surgery is going to be major and anyone who goes through open-heart surgery will need a peaceful environment to heal,” Imre said.

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CBS13 did stop by the bird owner’s home and explained the situation. We asked if they wanted to show people the bird. They declined.