A new by-law is to be introduced in Newtownards, County Down which forbids the feeding of pigeons.
Elected representatives in a committee at Ards and North Down Borough Council have agreed that they would instruct the council’s solicitor to draft a by-law controlling the feeding of pigeons in Conway Square. Fines issued as a penalty for contravention could be as high as £500 under current legislation.
The by-law would only be actionable in the council owned section of the square which accounts for approximately 60 percent of the area. Application of a by-law for the entire square would be subject to agreement with the Stormont Department for Infrastructure.
The decision follows a motion that was passed by the council in 2022. It stated: “Given the public health issues and the desire to encourage outdoor eating and entertainment in Conway Square, officers (will) look at humane means to address the pigeon problem, to include a new bylaw to prohibit feeding of the birds in and around the square, and to erect in the meantime advisory signs to deter feeding of birds in the area.”
Since the motion was agreed, signage was erected in Conway Square, advising the public that feeding of pigeons in the Square is prohibited.
A similar by-law exists for Trafalgar Square, by the Greater London Authority, which states “No person other than a person acting at the direction of the Mayor shall within the Square– (a) feed any bird (which shall include dropping or casting feeding stuff for birds); or (b) distribute any feeding stuff for birds.”
A report for the Ards and North Down Council Environment Committee this month states: “Notwithstanding the concerns raised at the council about this issue, since 2016 the Neighbourhood Environment Team has received one complaint from the public – although the Environmental Health Service has received complaints concerning persons feeding feral pigeons in Conway Square and thereby encouraging them to remain.
“The cleansing section does receive occasional requests to clean pigeon droppings or remove dead birds from the area. Feral pigeons are common in the urban environment and although they are mostly considered to be no more than a nuisance, they can potentially pose a health risk with concerns around transmission of diseases.
“Council officers have not received any evidence of such issues in this instance. Pigeons and their droppings can also cause damage to the buildings where they perch due to the corrosive nature of pigeon droppings.”
It adds: “A seemingly effective way of discouraging feral pigeons from infesting buildings and public areas is to not feed them and remove any potential food source. The number of pigeons in an area appears to be determined by the availability of a sustainable food supply. A plentiful food supply encourages year-round breeding.”
By-laws do not afford a fixed penalty notice enforcement option, and each alleged incident of breaching the by-law would require a witness statement and an alleged offender to be interviewed.
A full case file and court prosecution would be required in cases where the incident meets both the evidential and public interest tests, and satisfies the council’s solicitor that there is a reasonable chance of success for a prosecution. The matter would be determined in the Magistrates Court and legal costs may or may not be awarded.
At the council Environment Committee meeting, DUP Alderman Naomi Armstrong-Cotter proposed the new by-law out of two options presented by council officers. She said: “Anyone who shops in Newtownards will know that probably the only thing that mars our town are the pigeons at certain times.
“They are encouraged by people that just don’t seem to get that feeding the pigeons not only harms the pigeon, but also can result in them having their lunch ruined as they get the pigeon’s leftovers all over them.”
SDLP Councillor Joe Boyle, while not dissenting from the collective agreement, sounded a cautious note about the new by-law. He said: “Sometimes as a council we can embarrass ourselves enough without taking a person to court for feeding a pigeon. I’m not sure what the reaction would be from the public on that.”
He added: “It never really bounced out at me as a major issue, and reading the report it doesn’t bounce out at the council as a major issue, from complaints (we have had).”
He said: “It would nearly be unmanageable for us as a council to walk around Conway Square and start fining people for feeding pigeons. And it slightly concerns me that we are introducing a by-law for an area 40 percent of which we don’t own.”
All parties in the council committee agreed to the by-law proposal, without a vote, though it was noted Independent Councillor Ray McKimm objected to the proposal. It will go to the full council meeting next month for ratification.