In the Hauraki district, the use of such devices in a rural zone is considered to be a normal rural activity exempt from noise standards compliance. No consideration is given to issues that could arise from the use of bird scaring devices and the council does not have any guidelines for bird scaring devices for the benefit of users of such devices, surrounding residents and council officers.
There are no rules or guidelines about how often a gas gun being used as a deterrent could go off, for example.
A report to the council said there was not a high number of orchards in the district; however, that could change.
A range of bird scaring devices could be used, including but not limited to gas guns, (which were being used in the complaints council received), audible avian distress alarms, firearms and high-frequency pitch devices (similar to a bird distress call).
The reason an orchardist might use one device type over another could be cost, the report said.
It was recommended the council adopt bird scaring device guidelines following community engagement.
A draft of the guidelines said bird scarers might be essential to protect certain crops, but used thoughtlessly, they could seriously annoy and disturb the public.
“Just a few inconsiderate actions could threaten the ability of all growers to protect their crops in the future.”
Some of the options in the guidelines that could reduce the need for bird scarers, and increase the effectiveness of those used, included planting crops vulnerable to bird damage next to roads or in other locations where birds would be disturbed. Growers could also provide alternative feeding areas for birds by planting thinly-sown narrow strips of “sacrificial” crops to take the pressure off main crops. Small-scale crops could be grown under netting, or bird sprays could be used to make larger fruits unpalatable to birds. Good housekeeping practices could limit the amount of food available to bird populations, such as not allowing fruit to rot on the ground and using pigs or chickens in the final stage of clean-up.
It was recommended bird scarers be used as infrequently as possible, and it be determined when the crop was most vulnerable and use scarers only then.
A noise limit of 65 dBA SEL was recommended to apply at any point within the notional boundary of any dwelling located in the rural zone.
Any device should only be operated from sunrise to sunset and not before 6am if sunrise was before 6am.
It was also recommended each device operate at not more than four “events” in any 60-minute period, and only be operated if the crop was at risk of bird damage.
Devices should not operate unless a legible notice was securely fixed to the road frontage of the site in which the device was being operated.
There should be only one device per every 10ha of crop.
The Resource Management Act provided the council with a number of mechanisms and council officers or police could enter the property and take steps to reduce the noise, the draft guidelines said.
Police could seize and impound the noise source and the council could take legal action. Those convicted could be fined up to $10,000 and if the noise continued, up to $1000 per day.
The council will meet on Monday to discuss the matter.
