Post by Morganeagle on Apr 29, 2008 8:00:20 GMT -5
Morning all.... I am in pre-apprentice mode. I have yet to take the falconry exam I plan on doing this next ear hopefully. Right now I am trying to get the ball rolling for building my mews and gathering equipment, but here is the problem I am running into, The village I live in has me going to the zoning Board for a usage variance. I have to prove to the town that being a Falconer is not a bad thing and that housing a BOP will not harm the community. Anyone have some thoughts on "ammo" I can use to prove this???
The only thing that could harm the community is if your facilities were an eyesore and devalued the neighboring property values. The fact that there is a hawk living in there should have no effect on the community since wild hawks are probably already living in the neighborhood relatively unnoticed.
You could run into people that believe that your bird may carry off their dog, cat or child. That is just a matter of education. In a real life situation that just doesn’t happen. You can also explain that your hawk is only going to be housed on your property in the neighborhood but all the flying of the hawk will take place outside the neighborhood.
Post by crbhawking on Apr 29, 2008 21:21:38 GMT -5
They don't smell and people think they're intresting
" Is life so dear, or peace so sweet, as to be purchased at the price of chains and slavery? Forbid it, Almighty God! I know not what course others may take, but as for me, GIVE ME LIBERTY OR GIVE ME DEATH" -Patrick Henry
your hawk house is no different than a shed if you ask me thats what ive been told to tell anyone who come along bugging me. also tell them its a kennel like for a dog but instead of a big loud barking dog your putting a nice quiet bird in it =)
I went through a similar process with my town zoning officials here in Connecticut. As you go before you zoning board, keep the following points in mind. Some of these points have already be touched upon by other posters, but I'll try to add a little something from my own experience.
1) The zoning people will likely have no idea what falconry is and will most likely assume that you want to keep some kind of exotic animal. The odds are they have never been confronted with this type of situation before, which means there will be no precedent set. Therefore, their first inclination will be to simply deny your request. In most town official's minds, it's much easier to say no than to deal with your unusual request. In my town, anything that was not specially addressed in the town zoning ordinances was not allowed. So, I had to educate the people and win them over slowly.
2) It's critical that you go in armed with facts and logic. Explain to them that you are not keeping an exotic animal, but an indigenous raptor that is commonly found in nearly every woodlot. I'm assuming you are talking about a red-tailed hawk so you can point out that red-tails are plentiful and most likely can be found in your neighborhood already. Make sure you address many people's misconceptions that red-tails are an imminent threat to dogs, cats or infants. (Don't laugh, some people on my town zoning board actually thought that way.)
3) Explain that your bird will not be roaming the neighborhood like a stray cat or dog but will instead stay in the mews until you take it out to fly in an area suitable for small game hunting (i.e., away from children, pets, etc.). Point out that hawks are not noisy nor do the have an offensive smell (like a farm animal), and that most passersby will not even know that you are keeping a hawk on your property (i.e., minimal impact to the neighborhood).
4) Explain that falconry is not something one undertakes on a lark, but rather is a very heavily regulated field sport that requires permits from the US Fish and Wildlife Service and the New York DEC, and that it requires a high level of commitment and knowledge on the part of the practitioner. Make sure that you point out that you are a member in good standing of your community and that you would never do anything to jeopardize the safety of the neighborhood.
5) Appeal to their sense of local and explain that your request is really not that different from someone who wants to build a dog run or small kennel on their property.
6) If possible, try to avoid having to go through the process of a zoning variance which, at best is a complicated and potentially drawn-out process with an uncertain outcome. Instead find out who the village attorney (sometimes known as the corporate counsel) is and ask him or her how if a variance is absolutely necessary for you to keep a hawk on your property.
The main thing to keep in mind is that these people hold all the cards, so keep your arguments based on fact, not emotion and don't try to strong-arm them into approving your request. With a bit of luck, they will realize that you've done your homework and you'll be on your way.
I hope this advice helps. Feel free to send me a P.M. if you need any additional information.
Regards,
Jon D.
"In matters of style, swim with the current. In matters of principle, stand like a rock." - Thomas Jefferson
Jon gave me the same advice 3 years ago and I followed it to the T. I had the city attorney call our DNR falconry guy (whom we Ohio falconers have a great relationship with) to talk about it. That was the SILVER BULLETT. After that, it was all gravy. Heck, our city attorney even called back to wish me good luck with my "falconing thingy". -Joe
The village I live in has me going to the zoning Board for a usage variance. I have to prove to the town that being a Falconer is not a bad thing and that housing a BOP will not harm the community. Anyone have some thoughts on "ammo" I can use to prove this???
Jon's post was excellent. And Joby's idea to have a city official consult with your state falconry administrator is a very good one. I'd like to add:
When zoning/dangerous animal ordinance issues arose, our falconry club successfully addressed the city councils requesting that they amend those ordinances to allow for animal facilities which are regulated, licensed, and inspected by federal/state agencies.
1) Falconry is legal in every state except Hawaii and DC, and recognized as a legitimate sport by fed/state governments. 2) A falconer is licensed and authorized to legally possess a raptor by the federal USFWS and state wildlife agency. If raptors presented a hazard to humans, possession of them would not have been authorized by those agencies. 3) Facilities are inspected and approved by your state wildlife agency's Law Enforcement (some states allow falconer inspections, so check this out first). 4) Raptors are already living free in the community and pose no danger to public health and safety (domestic pets pose FAR more danger - which your town's animal control officer can verify - yet ownership of dogs and cats is legal). 5) Native raptors are not considered or listed in any official documents as an 'exotic' species. Nor are they considered/listed as 'farm fowl'. Nor are they on any fed/state list as a 'dangerous animal'. Therefore ordinances regarding exotics, farm fowl, and dangerous animals don't apply to raptors (hence, no justification to prohibit possession). 6) The facility is nothing different than a garden shed with a dog run attached, which is already allowed by zoning. You will be observing size and set back requirements per zoning for garden sheds and dog runs. 7) Since there is no permanent 'foundation' (as described in most building codes), it is not a considered permanent structure. 8) You will be employing security measures to prevent entry by unauthorized people.
Just a question... do you know of any wildlife rehabbers operating out of their homes in your town? If so, did they need a zoning variance to rehab birds? If not, why would you?
From everyones detailed post, did you all really have to go through all of this? I am sure glad I did not have to. In my county, if it is 10X10 or smaller building with no electricity then no permit is even needed. You know there is too many laws in this country when you have to get a building permit for a modified shed.
From everyones detailed post, did you all really have to go through all of this?
Personally, I've had no problems with any of the cities I lived in. But other falconers did experience some difficulties, and our falconry club went to bat for them. I can understand the necessity for some control over what folks build and keep in residential areas. The city wants to try to keep peace between neighbors, and insure public health and safety. An explanation of falconry is usually all that's needed in most cases. My experience, anyway.
Never had a problem with zoning. The biggest problem here is subdivision covenants against outbuildings. I'm sure I'm in violation of it right now where I live, but no one's ever bothered me. Although I will be happy when we move and get some acreage so I can build whatever the heck I want as big as I want.
Post by Morganeagle on May 1, 2008 19:33:28 GMT -5
Wow, thanks for all this great advice. Unfortunatly no...no local rehabers in my area but I know have a NYS assemblyman on my side. But I am going to use alot of what you all have suggested when I go before the board for my hearing.
I had the same problem with my city many years ago. All this has been covered and is in the archives of this forum. My city classified the "birds of prey as wild and vicious animals" and they stated that I had to have a "special use permit" at the cost of $100 per year. I had several meetings with the animal control officer, the mayor and had to go in front of the city council. After a while it was forgotten until about 15 years later when all of a sudden they brought it up again. I asked the mayor what the city was doing to protect the citizens from all the wild birds of prey in the neighbor hood. He said nothing and that was the end of that. Never heard from the city again and then I moved out for retirement reasons. Yes, Joe, that happened in California.
Ok All sorry for the long post but this is what I have gotten organized so far.....Dear Ladies and Gentlemen of the board;
I stand before you to respectfully request a usage variance or amendment to the Animal code that would allow my husband and myself to house and care for a bird of prey upon our property.
First, let me tell you a bit about the art and sport of Falconry. NYS DEC defines falconry as the sport of hunting game with trained birds of prey (raptors). Falcons, hawks, eagles and owls have evolved to select certain prey species when hunting in the wild. The practice of falconry applies the natural predatory behavior of these birds in taking a wide variety of quarry, as part of a cooperative hunting effort with the falconer. A falconer’s bird of prey never becomes a pet, but rather the bird and falconer establish a cooperative partnership during the hunt. Falconer’s are required to take “1st year Passage birds” (a bird that is less than a year old which is neither a nestling nor in adult plumage) from the wild, and an apprentice falconer in NYS is only allowed to possess a, American Kestrel Falcon (Sparrow Hawk) or a passage Red-Tailed Hawk. Falconry has never been shown to have a negative effect on the environment or in communities. These birds are quiet, pose no threat to pets or children,. With the taking of a passage bird from the wild, you are taking a bird with a 70% mortality rate, training it to hunt as well as feeding the bird when it is unsuccessful in a hunt, then most falconers re-release their bird back to the wild to help propagate the species.
The NYS DEC in cooperation with the US Fish & Wildlife Service offer NYS residents a state license and federal falconry permit. Both the NYS DEC and US Fish & Wildlife service have strict regulations as to the care and housing of birds used for falconry. Applicants must first pass a written falconry examination with a score of 80% or better, and must posses a valid NYS small game hunting license. DEC-approved housing facilities must be constructed, inspected, and approved, and a $20-license fee (for a 2 year period) is required.
Please, I would appreciate any input you all might have.
Ok All sorry for the long post but this is what I have gotten organized so far.....Dear Ladies and Gentlemen of the board;
I stand before you to respectfully request a usage variance or amendment to the Animal code that would allow my husband and myself to house and care for a bird of prey upon our property.
First, let me tell you a bit about the art and sport of Falconry. NYS DEC defines falconry as the sport of hunting game with trained birds of prey (raptors). Falcons, hawks, eagles and owls have evolved to select certain prey species when hunting in the wild. The practice of falconry applies the natural predatory behavior of these birds in taking a wide variety of quarry, as part of a cooperative hunting effort with the falconer. A falconer’s bird of prey never becomes a pet, but rather the bird and falconer establish a cooperative partnership during the hunt. Falconer’s are required to take “1st year Passage birds” (a bird that is less than a year old which is neither a nestling nor in adult plumage) from the wild, and an apprentice falconer in NYS is only allowed to possess a, American Kestrel Falcon (Sparrow Hawk) or a passage Red-Tailed Hawk. Falconry has never been shown to have a negative effect on the environment or in communities. These birds are quiet, pose no threat to pets or children,. With the taking of a passage bird from the wild, you are taking a bird with a 70% mortality rate, training it to hunt as well as feeding the bird when it is unsuccessful in a hunt, then most falconers re-release their bird back to the wild to help propagate the species.
The NYS DEC in cooperation with the US Fish & Wildlife Service offer NYS residents a state license and federal falconry permit. Both the NYS DEC and US Fish & Wildlife service have strict regulations as to the care and housing of birds used for falconry. Applicants must first pass a written falconry examination with a score of 80% or better, and must posses a valid NYS small game hunting license. DEC-approved housing facilities must be constructed, inspected, and approved, and a $20-license fee (for a 2 year period) is required.
Please, I would appreciate any input you all might have.
IMO, there's a bit of extra info in there that could muddle things when dealing with people that just may never understand. Keep it simple and talk about the things they'll understand. Assume that they are all simple city folk.(people that see a kestrel and think it's a baby eagle) Keep it to: I want to keep a raptor, it's legal, and perfectly safe. (just the facts, ma'am..) I wouldn't mention why you want to keep a raptor or how falconry works until someone asks questions. I highlighted red the things I would cut out. I would suggest mentioning that birds you may keep would be native to the area and could very easily occur in your neighborhood already, unchecked. It's not like you want to keep a Malasian SunBear. I might even mention that because the bird you get would have been raised by its own wild parents and not humans, it will have an innate fear of humans, instead of the lack of fear that causes such bold behavior in dangerous exotic pets. (they don't need to know about the eyas coops you plan on taking a few years down the road..) I've told people before about how my bird is a hunting partner, not a pet, and they still finished the conversation with: "I still think it's a cool pet". Any animals kept by a human, most people just can't think of them as anything but pets. They can't bend their brain around any other concept, and if there are any anti-hunters or animal rights idiots talk of hunting may put a wrench in the works.
that's just MY opinion coupled with constructive criticism. and it's how I would approach the situation. You can only educate people that WANT to be educated. Sometimes it's just easier to focus on getting them to change their decision, instead of the way they think. They'll change they way they think after seeing how well it worked out in the end.
Last Edit: May 4, 2008 13:33:10 GMT -5 by borderhawk