City Fines Man for Feeding Pigeons in His Backyard

A Queens man is suing the city for harassment after receiving $500 in fines for being “a public nuisance” by feeding pigeons in his back yard. 65-year-old Cecil Pitts lives off Social Security in the South Ozone Park house where he was raised as a boy. Now, since the death of his mother, his only companions are two elderly dogs and whatever pigeons descend for his twice-daily feedings. Got a box of tissues ready? Pitts tells the Times, “They are my whole life, because all my relatives are gone.”

But after an anonymous neighbor called 311 to complain about pigeon shit landing on their property, a Health Inspector came and issued the fines, observing over 150 pigeons gathered in the backyard. The inspector also threw in a bonus citation for “failing to show proof that one of his dogs had been vaccinated for rabies.” When Pitts appeared in court in October, a clerk told him he’d be jailed if he refused to pay up. So Pitts decided to sue the city and defend himself: “It hit me very, very hard. I didn’t intend to pay the fine. And if I was incarcerated, my dogs would die.”

The judge has put the fines on hold until Pitts returns to court in April, noting that feeding pigeons is not actually against the law. The city’s lawyer says:

Generally, at times, a nuisance is something that is legal but taken to excess. Clearly, people have bird feeders in their backyard. And that’s not a nuisance. However, when you start feeding in excess, so there’s a level of bird droppings that’s unhealthy, it rises to the level of nuisance.

And the city has had to pay millions of dollars in damages after a man slipped on pigeon feces. However the case turns out, Pitt can expect an invitation to the first National Pigeon Day event in June, sponsored by the New York Bird Club, a group that is demanding Woody Allen apologize for his “racial slur” against pigeons the 1980 film Stardust Memories. (His character called them "rats with wings.") And if you want to get involved in pigeon protection, there’s a Yahoo group for you.

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By John Del Signore in News on March 20, 2008 5:30 PM

Comments [rss]

Politburo

I just don't see how an erroneous citation rises to the level of harassment. If it isn't illegal, then dismiss the citation, and make it illegal. Is suing the city the only way to challenge a citation? Somehow I doubt it.

"The judge has put the fines on hold until Pitts returns to court in April, noting that feeding pigeons is not actually against the law."

This should say that feeding pigeons is not explicitly against the law. The judge did not say it wasn't against the law (otherwise there'd be no controversy). There are many subjective laws that are open to interpretation, and that's what's happening in this case.

Novanglus

We aren't familiar enough with this case to really know how much of a nuisance these birds are, but this case can set some dumb legal precedence for other bird-feeding cases.

QUOTE OF THE YEAR: "Pigeons are not native to this city. They are an invasive species, like hipsters."

Jerky

Feeding pigeons is stupid and a nuisance, but if its not against the law, he has every right to sue the pants off of the city. I guarantee this gets settled before it goes to trial, but not until after the city wastes thousands of dollars. Apparently the law does not matter to health inspectors.

Goomba

This guy is a real stoonad for feeding the rats with wings. Send him to rot in Rikers.

jaja007

Pigeons are not native to this city. They are an invasive species, like hipsters. Give the old man a puppy or something to love and tell him to stop feeding the fucking pigeons.

Gothamist_Cynic

the douchebag deserves prison time.

GOP

I don't like bird shit on awnings either. Ticket the bastard.

edgar

Feeding pigeons IS a public nuisance. Whatever the pigeons don't get the rats do.

This, along with throwing garbage on subway tracks, really need to be cracked down on.

I say dismiss the fines this time, but if he does it again, hit him with the fines, no excuse.

palestine

I always see some random dude feeding the pigeons in Williamsburg. Who knows...

ed_Extinct

why would anyone want to feed a pigeon? they have enough garbage to eat for a 1000 years.

rcltrh

So he will sue the city, win the case, probably get some cash out of the deal for harassment. Meanwhile the city is cutting education funds, police positions, etc. Maybe we need to cut Health Inspectors for handing out tickets for something perfectly legal. You think maybe the inspector and neighbors might have just talked to the guy and come up with a solution. It's disgusting that our tax dollars have to pay for crap like this where someone needs to feel authoritative that will be lost in a court or law meanwhile we are having to cut out really important things. Do health inspectors have to take a knowledge of NYC laws test?

pissyrabbit

"But after an anonymous neighbor called 311 to complain about pigeon shit landing on their property..."

in the precious words of Amy Poehler:

"Really?"