Can I use the grandfather clause against a new town ordinance?

Question

Town Board passed new ordinance limiting type and quantity bird feeders a private homeowner can have, based on one address being harassed by one neighbor for four years. Even though we have complied with all DEC restrictions and suggestions. I need to fight this. I've had same bird feeders for 4 years but one neighbor has harassed us about them, even calling police. Please. Tell me how to defend against this citation. It's not the fine, it's personal property rights.

Steven Warren Smollens · Answer

Dear Jamestown Home Owner: 
 
It is not you alone. Many jurisdictions place restrictions on wildlife feeding. 
 
https://dec.ny.gov/news/press-releases/2022/4/dec-issues-guidance-to-reduce-conflicts-with-bears#:~:text= 
 
https://www.post-journal.com/news/top-stories/2024/02/town-of-ellicott-approves-ordinance-prohibiting-wildlife-feeding/ 
 
https://www.post-journal.com/news/top-stories/2024/05/city-residents-asked-to-remove-bird-feeders-because-of-bears/ 
 
https://www.observertoday.com/news/local-region/2022/09/deer-feeding-rankles-residents-at-ellicott-town-board-meeting/

Tim Akpinar · Answer

I'm sorry that your kindness toward animals has resulted in an ordeal for you. I don't know how the grandfather clause you mention would work, but what you describe seems to be statutes on different levels. So it might not be unusual for local statutes to be stricter that higher-tier state ones (NYS DEC). The least expensive way to look into this could be to find out if there are other property owners in the same position as yourselves. Good luck

James L. Arrasmith · Answer

You may be able to argue that your bird feeders are protected under a grandfather clause, especially if you’ve had them up for four years and the ordinance was only recently passed. A grandfather clause allows you to continue a use or activity that was legally in place before new regulations took effect. Check the language of the new ordinance to see if it includes any provisions that would allow pre-existing bird feeders to remain in place. 
 
To strengthen your case, gather evidence showing that your bird feeders were installed long before the ordinance and that you have complied with any applicable Department of Environmental Conservation (DEC) regulations. Documentation, such as photographs, receipts, or correspondence with the DEC, could be helpful in proving your case. This shows that your use of the feeders has been consistent and lawful over time. 
 
Additionally, you may want to raise concerns about how the ordinance was passed and whether it disproportionately affects you based on the actions of a single neighbor. If the ordinance was enacted due to a personal conflict, it could be seen as unfairly targeting you, and you may want to explore this with your town board or seek legal counsel to challenge the citation.

Q: Can I use the grandfather clause against a new town ordinance?