Hi,
Here's the deal... I posted a piece about a backyard birder and his feeding habits. Neighbors were complaining that he put seed on the ground, and that attracted all sorts of 'nuisance' animals such as ducks and geese.
Fine... So far, so good. But then, our ever-faithful reader Harry 'Gipper' questioned the veracity of the story. (See the comment on the above link.) Now that's fine too... I love debunking a good urban legend as much as the next guy, but in this case, the story happens to be true. (Again see the above link.) So, I went to the Bloomington Town/City Ordinance in question. (http://www.ci.bloomington.mn.us/pccases/s10000g10_09_02_10.pdf, pg. 27)
My next move was to contact the City Attorney, Ms. Sandra Johnson. After a brief introduction and explanation for contact, here is the email I sent her:
"The phrase that leapt out at me was "non-birdseed mixtures" (emphasis mine). Does that mean that if Mr. Brown had been using birdseed mixtures, he would not have been in violation of the law?
Also, believe it or not, this is an important matter on another front. Mr. Brown is quite correct... Birds do scatter birdseed mixtures onto the ground. And as I understand it, this could mean that everyone in Bloomington who feeds the birds using feeders above the 5' ground level could still be conceivably in trouble with the law for inadvertently ground feeding wild animals.
I look forward to your clarification on this issue and will publish your response."
And here is Attorney Johnson's prompt reply:
Thank you for your email. You are correct in your reading of the ordinance, with one exception. If he was using birdseed and nonetheless attracting geese, ducks, turkeys, deer or raccoons (or other wild animals) to feed on it in noticeable numbers, such would be a violation. The ordinance was re-drafted at least once at the direction of the City Council so as to narrow it. Staff worked with some local birdseed vendors to avoid the case where spillage would constitute a violation. So if the substance Mr. Brown had been placing on the ground was birdseed and it only attracted small flying birds and not wild animals- there would be no violation. It is important to note that all residents are verbally warned before any enforcement action begins.
I again contacted Ms. Johnson asking:
So, do I have your permission to include your exact reply in my syndicated company blog (http://eBirdseed.com/blog/)? And also, where can I get a copy of the of the re-drafted ordinance?
Once again, her response was immediate and to the point...
Yes you have permission. The ordinance you have is the revised version that exempts birdseed mix - unless or until it attracts wild animals such as geese, ducks, turkeys, deer and the like. The original staff draft strictly prohibited any feed under 5 feet. The City Council wisely rejected that version.
Lessons learned:
- Bloomington City Attorney Sandra H. Johnson is a professional. Her responses to my emails were both immediate and relevant. If I had my way, Ms. Johnson would be promoted to the Federal level ASAP.
- It's tough to legislate common sense. To me (as I said before), if a person is doing something that's driving the neighbors crazy, the individual and the neighbors should work it out between each other. Busy people like City Attorneys have far more pressing concerns than issues like feeding the birds.
- My heart goes out to Mr. Brown. It truly does.
- Hardware like feed trays under the feeders go a long way...
- Finally, if my town were to pass such an ordinance, I too, could not feed the birds. Though our feeder is over 5', the blue jays routinely scatter the seed far and wide, and that routinely brings turkeys.
As I said before... Deep sigh...
By the feeders as long as they last...
CapeCodAlan
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