Court Cases

Animal Cruelty Charges Pressed Against A Man Using Avitrol
To Kill Nuisance Pigeons

A surprising ruling has occurred in the NJ court system where a man was forced to plead guilty for illegally using Avitrol to kill pigeons.  The reason he was forced to plead guilty was because he did not follow The New Jersey Statute: 23:4-53(2005), Wild Pigeon Protection; Penalty the SPCA dug up which reads as follows: 

"Any provision of law or of the State Fish and Game Code to the contrary notwithstanding, no person shall capture, kill, injure or have in possession, living or dead, or attempt to capture, kill or injure, a wild or passenger pigeon, or destroy or interfere in any manner with the nest or eggs of a wild or passenger pigeon, under a penalty of two hundred and fifty dollars ($250.00) for each offense."

 

The man in the court case should not have been brought up on animal cruelty charges, but rather fined in the amount of $250.00 for each offense.

Furthermore, the man's lawyer addressed that the pigeons were being removed because they were leaving an incredible amount of pigeon droppings in and on his garage.  The lawyer asked how to rid the problem if you cannot kill or even remove the pigeons.

The answer is in The New Jersey Statute: 26:2-86, Destruction or Removal of Certain Domestic Pigeons which reads as follows:

"Notwithstanding the provisions of section 23:4-53 of the Revised Statutes or any other law, the State Department of Health or any local board of health within its jurisdiction may order and provide for the destruction or removal of escaped domestic pigeons that have become feral from any area or place upon a finding by the department or the board, as the case may be, that the presence of such escaped domestic pigeons in such area or place is hazardous to the health of any of the inhabitants of this State."

In conclusion, if you are planning on doing pigeon control, including spiking and/or netting, make sure to acquire a permit from the health department or you can be subject to preventable fines from the SPCA.

 



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Downloads

Depredation Control Permit Initial

Depredation Control Permit Initial (Sample)

Depredation Control Permit Renewal

Depredation Control Permit Renewal (Sample)

N.J. Regulations: Nongame Species