how to complain about bird scarers

The use of bird scarers is not illegal. They are however, deemed essential in protecting certain crops. If a farmer or landowner is using such devices, they must ensure that they are not causing a statutory nuisance to others and that they are used in accordance with the code of practice produced by the National Farmers Union (NFU). The code of practice has been designed to provide advice and guidance to farmers and landowners on how to use bird scaring devices in an appropriate manner minimising the disturbance.

There is no set definition but case law has defined a statutory nuisance as a material interference with the comfort and enjoyment of anothers home.

In practice, to be a statutory nuisance, the noise would have to be excessive and unreasonable in the circumstances and significantly interfere with the use and enjoyment of someones home. Examples could be: disturbance of sleep, forcing you to close your windows, preventing you from using your garden, due to the level, time, frequency and duration of the noise.

No, there is no fixed noise level, time of day, frequency or duration defined in law. These are, however, taken into consideration in any investigation. The council can only take formal action if it is satisfied that the noise is causing a statutory nuisance under the Environmental Protection Act 1990.

Complaints are investigated under the Environmental Protection Act 1990, to determine whether the noise is causing a Statutory Nuisance. In the investigation of complaints, Environmental Services would make reference to the National Farmers Union (NFU) code of practice. Standard letters are sent to both parties, and the complainant is required to complete diary sheets to record when the noise occurs. Thereafter, visits may be made by officers to determine whether or not a Statutory Nuisance is occurring. We would try to offer advice and assistance to the person who is alleged to be causing the noise of measures that could be taken to minimise the noise.

If the council is satisfied that the noise is causing a Statutory Nuisance, a notice can be served that can stop the activity occurring.

Many situations can be resolved on informal basis, perhaps by speaking with your neighbour to discuss your concerns and trying to reach an agreement. Environmental Services are unable to investigate anonymous complaints under the Environmental Protection Act 1990. However, there is the option for any individual to take a private action under the same act without any involvement by the council.

The use of bird scarers is not illegal. They are however, deemed essential in protecting certain crops. When utilizing such devices, farmers and landowners are required to make sure that they are not creating a statutory nuisance for other people and that they are being used in compliance with the National Farmers Union’s (NFU) code of practice. The purpose of the code of practice is to advise and direct farmers and landowners on the proper use of bird scaring devices in order to minimize disturbance.

No, the law does not specify a specific noise level, time of day, frequency, or duration. These are, however, taken into consideration in any investigation. According to the Environmental Protection Act of 1990, the council may only take official action if it is convinced that the noise is creating a statutory nuisance.

Many issues can be handled amicably, for example, by talking to your neighbor about your worries and attempting to come to an understanding. As per the Environmental Protection Act of 1990, anonymous complaints cannot be investigated by Environmental Services. Nonetheless, any person may choose to act privately under the same act without the council getting involved.

A notice that can stop the activity can be served if the council determines that the noise is causing a Statutory Nuisance.

In actuality, noise would need to be excessive, unreasonable under the circumstances, and substantially interfere with someone’s ability to use and enjoy their home in order to qualify as a statutory nuisance. Instances could include being unable to sleep, having to shut your windows, or being unable to use your garden because of the noise’s intensity, duration, frequency, and time.

The time of year when farmers begin sowing seeds is quickly approaching. For the first few weeks, many farms will use both visual and auditory bird scaring devices to protect their crop so it can establish The sound of the bangs can be heard close to agricultural land.

FAQ

Are bird bangers legal?

A federal explosives license (FEL) is required for purchase of Bird Bombs® and Shell Crackers. 2) Bird Bangers with Caps and Launchers are for use in wildlife pest control only. 3) Bird Bangers must be stored securely in their original packaging in compliance with all state and local regulations.

What are bird scarers called?

Audible bird scarers, such as ultrasonics, distress and predator bird calls, are effective bird deterrent systems designed to reduce bird, pigeon and gull flock numbers.

How do I complain about bird scarers in Scotland?

Also display the name and telephone number at the nearest point of public access or inform the local Environmental Health Department where the scarer is located and give them contact details of the person responsible.

How does a bird scarer work?

Propane scare cannons are one of the most common types of bird scarer available in Europe and America. It is a propane-powered gas gun which produces a periodic explosion. The audible bang can reach very loud volumes, in excess of 150 decibels, causing a flight reaction in birds.