Feeding pigeons in commercial zones will no longer be tolerated in the Town of North Hempstead.
The town board passed a new zoning law prohibiting the “feeding, keeping, or harboring of pigeons” in commercial districts. Feeding pigeons could only be permitted in commercial districts if granted approval by the Board of Zoning and Appeals.
It was passed 5-1, with only Council Member Dennis Walsh voting against the law. Council Member Ed Scott was not present for the vote.
The law was drafted and passed in response to an issue that arose in New Hyde Park, where individuals were suspected of feeding pigeons in an empty FoodTown parking lot at the intersection of Hillside Avenue and Herricks Road. This led to an abundance of pigeon droppings littering the parking lot.
“It’s an eyesore, it’s dirty and it’s dangerous,” New Hyde Park resident Mark McInerney said.
McInerney also spoke on behalf of the owner of the neighboring Polito Bakery. He said the pigeons not only negatively affect the business by deterring customers, but also pose safety and health issues.
He requested that alternative solutions be offered to individuals who wish to feed the pigeons without negatively impacting businesses.
While the law prohibits the feeding, keeping and harboring of pigeons in commercial areas, there are no restrictions elsewhere in the town. This would permit individuals to feed pigeons in residential areas and at parks.
Chief Deputy Town Attorney Robert Bogle said the law was originally proposed for all properties but was revised to apply only to commercial zones to avoid being too restrictive.
Walsh said he opposed the law, believing violations should only be brought against property owners and that it should not be a town-wide restriction.
“I just think it’s too much to put a burden on the entire town for this one spot where there is a problem,” Walsh said.
He said one incident should not spur such a law change.
“Pigeons are God’s creatures also,” Walsh said
The town code currently prohibits the harboring of animals at commercial properties, which includes pigeons. It did not prevent the feeding or keeping of them, though.
The prior code was also only able to be enforced against property owners, not individuals who engage in the action like the current situation. Property owners were fined under the former policy.
Bogle said the town has already issued two summonses to the property owner and the property has been powerwashed and cleaned, but that the droppings continues to accumulate.
This law change now allows the town to penalize individuals who are not property owners for feeding pigeons in the area.
Bogle said enforcement is difficult as code enforcement officers are not peace officers and cannot require individuals to show proof of identity to issue a ticket. Code enforcement can call law enforcement for support, and photographs of individuals can be evidence in a prosecution and violations can be handed down after the fact.
Town attorney Richard Nicolello said these are violations of the town code, not a felony or misdemeanor.
The new law also permits the posting of signage stating that feeding birds is not permitted in the area. Council Member Christine Liu said signs can be deterrents as well.
“That is the first step in trying to combat this situation,” Liu said.
In other news, the town also approved the site plan to redevelop a 5.5-acre property at 357-440 Old Country Road in Carle Place, at the former location of Chateau Briand. The location will be developed for restaurant and retail space, including two drive-thrus.
