At the request of the Department of Natural Resources and Environment,the Attorney General’s Office has filed an appeal of the ruling in thecase of an Otsego County man ticketed for illegally feeding deer.
A DNRE conservation officer investigated Ken Borton of Gaylord after receiving complaints from the public about Borton’s webcam showing deer frequenting his bird feeders. Borton was cited by the DNRE, and then refused to take measures to exclude the deer from the immediate vicinity.
Otsego County District Court Judge Patricia Morse dismissed the ticket on the grounds that the deer-feeding ban was “unconstitutionally vague.” The Attorney General, at the DNRE’s request, is appealing Judge Morse’s decision.
“We believe the statute is appropriate and this individual did not take reasonable measures to exclude deer from congregating at his bird feeders,” DNRE Director Rebecca Humphries said. “Research has shown that activities that cause deer to congregate exacerbate disease transmission among the deer.
“There are a variety of methods of feeding birds that discourage deer from those sites and Mr. Borton declined to pursue them,” Humphries continued. “Otsego County has had deer that have tested positive for bovine tuberculosis and we feel the health of the deer herd is paramount.”
