Житель Сан-Антонио избежал штрафа за обрезку ветки, угрожающей нарушением федерального закона о перелетных птицах

SAN ANTONIO – A San Antonio homeowner says the city gave him an impossible choice: pay a $300 fine for not trimming a tree branch, or risk violating a federal law that protects migratory birds. Rob Streeper, who has lived in his Northwest Side home for 18 years, received a notice of violation from San Antonio Code Enforcement in June for a low-hanging branch extending over a public sidewalk. But Streeper said he had a reason he couldn’t comply — a bird was nesting in that branch. After contacting U.S. Fish and Wildlife Service, Streeper said an agent told him that removing the branch would be a violation of the Migratory Bird Treaty Act of 1918 — a federal law that protects most native bird species in the United States. Violations of the act can carry penalties of up to six months in prison and fines of up to $15,000. Streeper said he explained the conflict to a Code Enforcement officer, who he said acknowledged the issue and appeared to drop the matter. Then, on Aug. 3, Streeper came home to find a $300 citation taped to his front door — no phone call, no warning. “They gave this to us on August 3rd, after we got the initial notice of violation on June 13,” Streeper said. “Nobody talked to us. They just taped it to the door.” Streeper said he later learned from a Code Enforcement officer that the department was under pressure from a neighbor who was calling every day to complain about the branch. As of Friday morning, Streeper said his District 7 council representative confirmed Code Enforcement planned to move forward with the citation. That changed about an hour after KSAT called Code Enforcement to ask questions and request an interview. At 10:59 a.m. Friday, one minute before a KSAT 12 crew arrived at Streeper’s home, he received a phone call from Michael Uresti, a Development Services manager with the city. “The issue regarding the tree, the tree branch and the migratory bird has reached my level,” Uresti said in the recorded call. “I’ve gone ahead and given direction to my staff to give an exception until late September and to go ahead and dismiss the ticket.” Uresti said the officer who issued the citation had not yet turned it in to Municipal Court and was directed to destroy it. He added the department would research the migratory bird issue and use the findings to update officer training. “We’ll go ahead and add that to whatever information we do find out, to the training for the officers so they know,” Uresti said. The city will revisit the case on Sept. 26. Streeper said he has no objection to cutting the branch — once he is confident nesting season is over. “When we’re confident the nest isn’t in use and the nesting season is over, we have no problem with cutting the branch,” he said. “But before we’re confident it’s done, I’m not willing to incur the risk of being cited for violating federal law.” Streeper said he feels vindicated — but not entirely at ease. “It took telling the code compliance people that you guys were involved for them to finally back off,” he said. KSAT reached out to San Antonio Code Enforcement for an on-camera response. They declined. Read also: