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North Hempstead board narrows feeding ban to commercial properties after public comment
Summary
Town board adopted a local law prohibiting intentional feeding of pigeons on commercial properties, citing sanitation and public‑health concerns; board and town attorney acknowledged enforcement limits and a zoning-board relief mechanism for special cases.
The Town of North Hempstead on a majority vote adopted a local law amending chapter 70 to prohibit intentional feeding and harboring of pigeons on commercial property.
Robert Bogle, chief deputy town attorney, told the board the draft was revised so the prohibition applies only to commercial zones. "We specified that it'll be only the feeding and harboring of pigeons on commercial properties," Bogle said, explaining the change was made to avoid unintentionally penalizing pet stores or residential feeders.
Residents who spoke at the public hearing urged a targeted approach. One longtime area resident said the problem stems from food being dumped at a single vacant commercial lot and warned that a town‑wide ban could unfairly restrict residents who feed birds on their own property. "I just believe that the town should go after the property owner," the resident said, urging enforcement focused on the source of the food.
Board members emphasized sanitation risks at restaurant parking lots and the utility of visible signage. A sponsor said the law will allow the town to post notices and fine parties responsible for creating the unsanitary conditions; the sponsor also cited concerns about avian‑linked illnesses and rodents near food piles.
Enforcement will have practical limits, the town attorney cautioned. Code‑enforcement officers are not peace officers and generally cannot compel identification; prosecutions will therefore rely on voluntary cooperation, police assistance or photographic evidence. Bogle noted the town previously obtained fines against the property owner at the problematic site, but repeat problems persisted after cleanups.
The law includes an administrative relief pathway: property owners in commercial districts may seek relief from the zoning board if exceptional circumstances justify it. The measure passed on a roll‑call with a recorded dissent from Councilman Walsh.
The law amends chapter 70 (subsection 203) and takes effect according to the town clerk's processing schedule. The town will install signage on commercial properties and pursue enforcement consistent with existing town code and available evidence.
