Technically, Casey probably is correct...one hopes that it is not illegal to
look onto someone's property, presuming that the looker is not being
voyeuristic. And there is a huge difference between looking from the road
at a bird on someone's property as opposed to trespassing for the purpose of
shooting deer on someone's property.
But I think that Debra's point is somewhat broader. (Danger: Bill is about
to embark on a philosophical digression!) We live in a society that allows
broad latitude for individual behavior, including looking at birds, but we
do have a responsibility to maintain some sensitivity for other' privacy and
comfort levels. If an individual happens to see a bird on someone's feeder
and spends a few moments looking at it, no big deal. If the individual is
replaced by a group of a few people, still no big deal. But if we are
talking about a series of visits by individuals and small groups over an
extended period, courtesy suggests that we at least let the property owners
know what's going on.
Given that the location in question is public (a church parking lot), it's
less of an issue. But even so, if the pond itself is on private property,
it would be nice to let the property owner know that birders do stop by
occasionally, that the birders have no intention of trespassing, and that
birders appreciate the opportunity to see the birds. (And it doesn't hurt
to refer to the birds as "their" -- meaning the property owners -- birds.
Of course, the birds aren't really "their" birds or anyone else's birds, but
promoting personal identification in this way is a powerful mechanism to
encourage bird-friendly practices.)
I don't think this is a city vs. country issue. Of course, interesting
birds show up a lot more often in the country than in the city, so obviously
the issue arises more often in rural areas than in urban ones.
So does anyone know the property owners in question?
Bill Heck
-----Original Message-----
From: MU Ornithology Listserv (ZOO 408)
[mailto:[log in to unmask]]On Behalf Of TUCKER, Casey
Sent: Thursday, February 19, 2004 10:33 AM
To: [log in to unmask]
Subject: Re: Harmony road Church pond
I'm not sure you can make the argument that this is trespassing or any
other form of violation. Viewing someone's pond from the road (or in
this case the parking lot of a church--which is publicly accessible),
either with scopes or binoculars, isn't any different than someone
simply driving by that property & looking at the pond. If the property
owner doesn't want people viewing their pond, regardless of whether
those people are driving by or walking by, then the property owner would
put up a privacy fence.
This holds true if you're in town too. If you're stopped at an
intersection & on the corner of that intersection there is a house with
a bird feeder in its backyard, and you watch the birds coming to the
feeder while you're stopped at the intersection, would this be a
violation? No, you're in your car on a public road. The same holds
true for the pond. Where it becomes a violation is if you step on to
that person's property, without their permission, to view the birds at
the feeder, or the ducks on the pond, or whatever. And of course if
you're looking into people's windows with your binoculars, then it
becomes a real problem. Trust me on this one....oops, I meant to say,
or so I've heard ;o).
Who knew something as simple as watching birds could be fraught with so
many legal, moral, & ethical issues.
Speaking of ponds, has anyone been out to the pond on 732, past Morning
Sun, lately? I remember that several years ago it was a very good spot
for a variety of ducks. Has that held true this year?
Hope all is well & hopefully I'll see some of you this weekend in
Zanesville. Should be a good day.
Take care & Happy Birding!
Casey
Casey Tucker
Education Specialist
Audubon At Home
Audubon Ohio
692 N. High St., Suite 208
Columbus, Ohio 43215-1585
Phone: (614) 224-3303 ext. 15
Fax: (614) 224-3305
[log in to unmask]
www.audubonohio.org
-----Original Message-----
From: MU Ornithology Listserv (ZOO 408)
[mailto:[log in to unmask]] On Behalf Of Debra Bowles
Sent: Wednesday, February 18, 2004 8:48 PM
To: [log in to unmask]
Subject: Re: Harmony road Church pond
Having had the good fortune to live in the country all my life, I would
like
to make a comment on the Harmony Road pond and other sites around the
countryside: if in town, vehicles stopped and pointed a variety of
scopes
and binoculars and other equipment at your property, you would probably
call
law enforcement. There is this sense of "backyards in town are not to be
trespassed on, but out in the country it's a free for all."
Chris, I don't mean to pick on you but you've hit a sensitive issue for
me
after years of dear poaching etc. True, that's very different and in
fact
it's quite likely that the pond owner would be happy to share the
private
land. Perhaps someone has already spoken with them to explain how we all
appreciate their pond and hope they don't mind our interest?
It seems to me a matter of respect to ask permission before we advertise
and
encourage this kind of increased activity at private property sites.
Debra Bowles
-----Original Message-----
From: MU Ornithology Listserv (ZOO 408)
[mailto:[log in to unmask]]On
Behalf Of Christopher Betrus
Sent: Wednesday, February 18, 2004 5:05 PM
To: [log in to unmask]
Subject: Harmony road Church pond
There are gadwall and green-winged teal at
the harmony road church pond.
Chris
Christopher Betrus
710 Erin Drive
Oxford, Ohio 45056
(513) 523-0482
Protect your right to breathe clean,
smoke-free air:
http://www.care2.com/go/z/11238/1043
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