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West Side Board of Health may now monitor birdfeeders through new regulations

Date: 1/22/2019

WEST SPRINGFIELD – Last week, Reminder Publishing reported the West Springfield Town Council approved a council-sponsored ordinance seeking to regulate certain aspects of wildlife feeding – and now, the Board of Health has added to those regulations.

On Jan. 16, the Board of Health approved additional safety and health regulations, which were sponsored by Mayor William Reichelt, surrounding birdfeeder requirements in relation to concerns over wildlife feeding in town. The regulations compliment the wildlife-feeding ordinance passed by the Council on Jan. 7, and were done in an effort to strengthen the ordinance as a whole, said the mayor.

“I’m thrilled the Board of Health saw that these regulations are necessary,” said Reichelt. “The Council can set their rules. While the Board of Health couldn’t be more forgiving with the rules, they can make them stricter. This will allow us to get these issues addressed in a more-timely manner, which is better for the community.”

The West Springfield Town Council previously voted 7 – 1 to approve a council-sponsored ordinance that aims to impose fines on residents charged with intentionally feeding wild animals – however, the feeding of songbirds on private property was still legal as long as feeding was done through bird feeders. With the new Board of Health regulations, the birdfeeders must now be regulated.

Some of the highlights from the Board of Health regulations include:

• Birds shall be fed from bird feeders. Bird feeders shall be installed at least five feet above the ground. Bird feeders shall not be installed or attached to fences in any manner.

• The scattering or placement of food, seed, grain, or any other type of attractant on the ground shall not be permitted. In the event that food, seed, grain, or any other type of attractant becomes scattered on the ground, the resident shall regularly (at least weekly) remove such debris from the ground.

• Feeding shall not create an unreasonable disturbance or public nuisance that affects the rights of surrounding property owners or residents.

• Feeding shall not create an accumulation of droppings on the property or surrounding properties.

• Feeding shall not become an attractant for rodents or other wild animals.

The regulation also extends enforcement to the health and police departments, rather than just the park rangers and animal control office – which was the case in the council’s ordinance.

Written warnings will be given for first offenses, with fines reaching up to $100 for the fourth and subsequent offenses.

The debate surrounding possible wildlife feeding regulations in West Side has been an ongoing saga since the summer.

The mayor initially submitted an ordinance proposal to the Town Council in June seeking to prohibit the feeding of wild animals and to regulate the feeding of songbirds on private property.

Reichelt doubled down on his efforts in October after the Massachusetts Environmental Police were forced to euthanize a black bear within town borders.

In mid-October, the Ordinance and Policy Committee amended the language of Reichelt’s original proposal.

The mayor claimed the Council “eviscerated” a majority of his proposed ordinance, and on Nov. 14 he formally withdrew his proposal from the Council’s consideration “without prejudice.”

Reichelt expressed frustration with the Council’s proposed changes to the ordinance, and said he was displeased with how the Ordinance and Policy Committee spent numerous meetings debating the “language based on members’ own personal opinions (and not those of their constituents),” while a majority of public opinion favored the original ordinance proposal.

Despite the mayor’s pull, the Town Council approved a council-sponsored version of Reichelt’s initial proposal during its first meeting of the New Year, leading the mayor to pursue further regulations through the Board of Health.

Although the mayor previously said he was frustrated with how the situation panned out, he explained he feels confident about his relationship with the Council moving forward.

“I did meet with the president to go over plans for 2019 though, and I’m positive that the relationship should be better this coming year,” he shared.