License to kill pigeons triggers new dispute
The falconer berthold geis has therefore again filed a complaint against the district at the administrative court of wiesbaden. The court confirmed the receipt of the complaint (AZ: 4 K 330/12). In addition, geis filed a disciplinary complaint against employees of the veterinary authority in hadamar. He also claims damages of 40,000 euros a month. The falconer accuses the authorities of wasting tax money. A dispute decided last year by the VGH in kassel is now starting all over again.
In september 2011, the VGH ruled that falconers are allowed to kill pigeons commercially if they have become a nuisance. Geis wants to catch and kill pigeons on behalf of – for example – companies. For example, when they pose health hazards to humans or cause damage to buildings with their feces. A car manufacturer from russelsheim had commissioned geis to contain the infestation of pigeons on the gelande.
How courts judge the killing of pigeons is observed with great attention throughout the country. Because many companies and communities are complaining about pigeon infestations – and are looking for sustainable solutions. In germany, mecklenburg-vorpommern and saxony-anhalt have so far classified feral ostriches as pests.
The kassel judges had ruled that feral ostriches were pests if they occurred in coarse blacks (AZ 8 A 396/10). “This is the case with blackfish from a rough order of about ten animals per 100 square meters of floor space”, the judges found. They decided that, based on the verdict, the circle must respond anew to the request of the falconer.
But then nothing happened for a long time. It wasn’t until the end of february that the county issued the falconer a permit – but with several restrictions. “This is pure harassment and shows professional incompetence,” geis scolded with a view to the administrative decision. County spokesman bernd kexel says: “the court must clear this up. We wait and see. The circle has changed its ideas.”
According to the veterinary office, the falconer is still not allowed to make short work of the pigeons, contrary to the VGH ruling. For this it would need then again extra administrative decisions. The office wrote to geis that he was only allowed to catch the pigeons, then he had to drive at least 20 kilometers to release them again in a foreign country. “Absolute nonsense. Pigeons find their way back even then,” assures geis.
In addition, the falconer must check his catch every day and document everything, the authorities demand. But the driving is unreasonable, says geis. The release of the pigeons must also be recorded in the picture, the authorities demanded. “Someone has to show me how this works in practice,” criticizes geis. Pigeons may geis according to circle anyway only from 1. August to 15. February every year chase. “THE NEXT RIGHT. The VGH ruling says there can be no time limit,” said the falconer.
The dispute has lasted for more than three years. He also briefly mentioned the federal administrative court in leipzig. But the district of limburg-weilburg had withdrawn its appeal against the kassel ruling again.
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