Replies

The Rockefellers said they used to spread bird food on the ground, but borough officials visited their home and said that was not allowed. In response, they bought the hanging feeder last fall.

Where did he purchase the feeder and birdfeed?

If there is an ordinance against feeding wildlife, then why do they allow the sale of that paraphrenalia to the general public?

If I were this man, I'd throw it back at the burrough and argue that they have an unenforceable ordinance that allows for the sale of bird feeding equipment, but then bans its use. The burrough can't be allowed to have conflicting ordinances like that.

It's like designing a road through town that rates at 45 mph, and then setting the speed limit on it at 30 mph and ticketing drivers who do 45 mph. The ticketed driver would argue that the city mis-applied the speed limit.

In this case, the ordinance should not be on feeding the birds, it should be inclusive of selling bird feeding equipment, too, and punishing the sellers equally or nobody at all.

-PJ

I actually succeeded beating a speeding ticket making the exact same argument.

The road was straight, no outside access points for 1/2 a mile but the speed limit was marginally set at 25 MPH.

In this case, the ordinance should not be on feeding the birds, it should be inclusive of selling bird feeding equipment, too, and punishing the sellers equally or nobody at all.

When bird feeders are outlawed, only outlaws will feed birds.

And imagine if he had a hummingbird feeder filled with, **gasp**, sugar water. Then he would have Doomberg all over his a**.