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Saturday, May 11, 2013

Hawaii Real Estate – Feeding Pigeons Create Neighborhood Feud, Possible Legislation


Jason Nagashima is a resident of the Coconut Grove subdivision in Kailua. His next-door neighbor, Eric Poohina, has been feeding several hundred feral pigeons multiple times per day over the last six years, despite repeated requests to stop. Nagashima stated, “It’s exasperating. We’ve called the Department of Health, Humane Society, vector control companies, nobody raises an eyebrow. (There’s) no way you can get something done.” Poohina, stated that he connects with the birds because he is a descendant of Queen Kaahumanu, whose name means “bird cloak”. Poohina added, “It’s a cultural thing for me to see them, and I only see them in my area in my house.”
Rodney Cambra, who lives on the other side of Poohina’s lot, obtained a permit from the Department of Land and Natural Resources to shoot wild birds on his property. According to Cambra, in the past 18 months he has shot about 100 birds in his yard. Cambra stated, “He (a DLNR representative) told me, ‘As long as the birds are wild, he has no cage, they’re ruining your property, you have the right to protect your property.” This has made Poohina very unhappy and has created friction in the neighborhood.
State lawmakers are working on a legislation that could address concerns like Nagashima’s and Cambra’s, and would make similar problems a potential nuisance violation and would authorize the Department of Health to investigate complaints made by the public. State Representative Karl Rhoads, commented, “It was just appalling what was going on. There were feathers everywhere, and bird excrement, and big flocks of birds flying around all the time. I thought it was more than just a minor annoyance.”
Opponents to the bill feel that this would be a “personal and private problem” between neighbors and the Legislature should not become involved. The Department of Health also commented that it does not have enough staff to investigate complaints of feral bird nuisance feedings. Deputy Director for Environmental Health, Gary Gill, added, “In order to find something is injurious to public health, which is what the threshold to public nuisance is, you have to show that it has an impact; for example, it could cause disease. So because something is dirty or noisy or ugly, which is the common use of the word ‘nuisance,’ doesn’t mean that the Department of Health will have the ability to enforce against that behavior.”
Source: Honolulu Star Advertiser, 4-11-2013, www.staradvertiser.com
Posted by Jeff Uyemura-Reyes, Broker-in-Charge, Realtor®
Global Executive Realty, LLC
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