Officials installed sharp spikes that are potentially dangerous to birds. Two cases in which birds were impaled on them have been documented. One pigeon was rescued and treated by a veterinarian; the second bird—pierced by a sharp wire—died in agony. Animal lovers from Bolesławiec believe that municipal officials violated two laws: the Environmental Protection Act and the Animal Protection Act. They therefore filed a notification with the police and sent a letter signed by 55 people to the Regional Directorate for Environmental Protection in Wrocław.
“Municipal officials did not consider the welfare of birds, and the spikes do not have rubber or silicone caps on their ends. Moreover, the spikes are installed in such a way that birds cannot always see them, because their colour does not always differ from the colour of the building façade. [...] We do not consent to such treatment of animals, their health and their lives. Following consultations with the Regional Directorate for Environmental Protection, the Polish Society for the Protection of Birds and veterinarians, we are aware that installing this type of spike violates both the Animal Protection Act and the Nature Conservation Act. We are also aware that the city pigeon is partially protected by the Ministry of the Environment, while other birds living in our city are under strict protection.”
Amended provisions of the Animal Protection Act have been in force since 19 April 2018. These provisions are intended to prevent animal abuse and the brutal killing of animals. The Act states that “Animal abuse shall be understood as inflicting or allowing pain or suffering to be inflicted, in particular: […] 22. installing on building elements devices that may cause birds to be injured or maimed, in particular spikes or wires [...]. This information is incorrect. In 2017, Law and Justice MPs merely submitted such a draft, but it has still not been assigned a number and remains under consultation. Concerns have arisen that the draft is incompatible with European Union regulations and would also cause enormous damage to building owners who would be unable to effectively deter pigeons.
“Under the Animal Protection Act, this is a crime, while under the Nature Conservation Act it is an offence,” says Anna Ryżewska, who is handling the case. “If someone does not intentionally harm animals and does not intend to kill them, but an animal dies as a result of their actions, then this constitutes animal abuse. That is why we also want to submit a notification of a crime. In my opinion, officials should resolve the matter in a humane manner with regard to the animals,” adds the woman from Bolesławiec.
Katarzyna Łapińska, deputy director of the Regional Director for Environmental Protection in Wrocław, sent the mayor of Bolesławiec a request to take immediate action necessary to limit future cases of birds dying or being injured on municipal buildings and to inform the Directorate of the steps taken in this matter.
Position of the Bolesławiec City Office
When asked for comment, Agnieszka Gergont, spokesperson for the City Office, sent us the current opinion of the Nature Conservation Department from 2011, in which she highlighted a passage stating that installing spikes itself does not require authorisation from the General Director for Environmental Protection because it is not listed as a prohibited activity in the Act of 16 April 2004 on nature conservation. We attach the full letter below.
Asked to comment on the entire situation, Anna Ryżewska, who has cared about animal welfare in the city for years, told us that officials had once again demonstrated their lack of knowledge.
“It is a similar situation to that in 2013, when officials prohibited us from keeping more than two dogs and two cats on a farm in Bolesławiec,” says the woman from Bolesławiec. “They also adopted a resolution on cleanliness and order in the city that was unconstitutional, as national media reported at the time. Installing dangerous spikes follows the same principle. Officials once again failed to read the legal acts and failed to imagine that other safeguards could be used. They thus demonstrated their lack of knowledge,” adds Anna Ryżewska.