North Hempstead makes it tougher on those who feed pigeons
Pigeons gathered behind the former Foodtown on June 3 in New Hyde Park. Credit: Newsday/Howard Schnapp
North Hempstead Town sent a message to residents who feed pigeons on commercial properties: Stop — or face the consequences.
The town board amended its zoning code Tuesday to make it a violation for a resident to "feed, keep, or harbor pigeons" on a commercial property "except when authorized by the Board of Zoning and Appeals."
Previously, the town only had been permitted to prosecute the owner, tenant or subtenant of the building. Residents are also not permitted to feed pigeons on residential property.
"We can actually put up signage saying it is illegal," Councilwoman Christine Liu said during the hearing. "From a sanitary point of view, we do have bird flu, and we don't want other rodents coming to parking lots next to restaurants after the pile of mess left there."
The board voted 5-1 in favor of the amendment, with Councilman Dennis Walsh the lone holdout.
"Pigeons are God's creatures also," Walsh said during the public hearing.
The change was spurred by residents who complained of a yearslong debacle in an empty parking lot in New Hyde Park near the intersection of Herricks Road and Hillside Avenue.
Hundreds of pigeons regularly gather on a telephone line across the street from an old Foodtown and then descend on the parking lot after residents leave bird food as well as human food. The pigeons then relieve themselves in the lot.
The town had twice fined Walgreens Co., the building's former subtenant, but the cycle of feeding and digestion continued.
"This all came about when I first came into office and there was this horde of birds descending on the parking lot, leaving a mess there because of all the feed, birdseeds, bagels and whatnot," Liu said. "This is the first step in trying to get rid of the mass number of pigeons that are there and causing a dangerous and unhealthy and unsanitary environment for those businesses there."
Rosemary Mammes, of Carle Place, said during the meeting the legislation felt like "overkill." She said she regularly feeds birds and expressed concern pigeons could end up eating the food she leaves for other birds.
"You cannot be prosecuted under the town code for doing something unintentionally," town attorney Richard Nicolello said during the meeting. "It would have to be intentionally going there and feeding pigeons."
Robert Bogle, the deputy town attorney, said during the meeting violations would be issued by code officers. Fines range from up to $1,000 for a first offense, from $1,000 to $2,500 for a second offense and from $2,500 to $10,000 for a third offense.
Walsh said he understood the magnitude of the situation at the New Hyde Park parking lot but felt the new law was unnecessary.
"I think that the people who should be prosecuted are the people who own the property that allow this to go on," Walsh said. "If they have to go out there every morning and power wash, then they have to go out there and power wash."
In neighboring Oyster Bay, residents are prohibited from feeding "fowl," including pigeons, on town property or privately owned property, with fines ranging from $100 to $750.
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