Monday, April 27, 2009

Shooting a pigeon shouldn’t make you a jailbird

It’s time to face the facts—some birds are pests. It’s especially unnerving when our kamikaze state bird swoops down to steal a muffin from your hand or looks eerily at you with his dinosaur-like eyes. After Easter weekend, it’s a safe bet that U engineering student David Schutt now detests pigeons.

A few weeks ago, a city building inspector dropped by Schutt’s home, insisting the residents get rid of the birds that had been leaving ugly messes around the property. Taking matters into his own hands, Schutt grabbed his BB gun to resolve the problem. Unfortunately, his neighbors saw the gun, heard the shots and contacted police. Five Salt Lake City police officers responded and he was arrested for animal cruelty and firing a weapon inside city limits.

It doesn’t make sense that the city would leave this kind of problem up to a resident to resolve on his own. The people renting didn’t invite the birds—and since they now own the problem, they should be allowed to implement whichever creative solution they deem best. It’s ridiculous that the city would expect tenants to solve the problem on their own, and then slap them for trying.

If the city wants a resident to take action, then it needs to provide information on how it should be done. Not to mention, the firepower of a BB gun falls far below that of just about any other gun the law is concerned with, so it’s unreasonable that shooting a BB gun within city limits should qualify for the same punishment—a misdemeanor.

“There was more than one shot,” said Dennis McGowan, public information officer for the Salt Lake City Police Department. “Even if it’s a BB gun or bow and arrow, you can’t use it within city limits, even if it’s on private property. Logic dictates you don’t shoot birds to get rid of them.”

After a nine-hour visit to the county jail, Schutt’s detention officers realized it was a relatively harmless violation and let him go. The city prosecutors office says it will make a decision early next week on whether to follow through on the misdemeanor charges or dismiss them.

“I wasn’t trying to kill them, I was just trying to scatter them away,” Schutt said. “It was a pretty stupid idea, broad daylight with a BB gun, but I figured guns are legal in Utah and it’s nothing nobody’s seen a million times.”

For all of you pigeon lovers, as far as animal rights are concerned, legislation in Utah was passed last year to allow prosecutors to charge individuals with a felony if they torture their cats and dogs. Pigeons were not ever mentioned in the legislation. If Schutt is prosecuted, there truly is no hope for anyone who wants to rid himself of unwelcome marmots. Be careful, setting a mouse trap or stepping on an ant could mean a prison sentence.

http://www.dailyutahchronicle.com/opinion/shooting-a-pigeon-shouldn-t-make-you-a-jailbird-1.1734387

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