Judge: Feeding Time Over for Raccoons in Bethlehem
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WHEELING -- The family accused of feeding raccoons in the Renaissance Way neighborhood of Bethlehem has been served with a temporary restraining order halting the practice.
The Ohio County Prosecutor's Office announced Friday that Ohio County Circuit Judge David Sims on Thursday granted a temporary restraining order directing Renaissance Way residents Arvind and Bharati Patel to halt their alleged feeding of wildlife, specifically raccoons, on and around their property.
The prosecutor's office, on behalf of the Wheeling-Ohio County Health Department, argued before Sims that the Patels' alleged actions, which they said have been ongoing since 2011, create a public health nuisance. Ohio County Health Officer Dr. William S. Przybysz also filed an action in conjunction with the temporary restraining order to restrain, prevent and abate a public nuisance.
The Patels are ordered to "clean up and remove all food provisions on their property that been previously provided to wildlife," according to the restraining order. "Any violations of this temporary restraining order and preliminary injunction shall result in the possible levy of fines and/or other sanctions against the defendants."
The preliminary order is in effect for 60 days, Sims ruled. A hearing date for the Patels will be scheduled in the coming weeks.
The matter first came to the public's attention several weeks ago when residents of Renaissance Way photographed several dozen raccoons allegedly fed by the Patels gathered in the neighborhood. They said the Patels dumped dog and cat food to attract the animals.
Wheeling-Ohio County Health Administrator Howard Gamble said Friday that the Patels had been contacted and told to cease feeding the animals.
Yet more complaints, which came with both photo and video evidence, were sent to the health department showing that the feeding hadn't stopped, Gamble said.
"That then led us to have the issue be addressed by the prosecutor's office," he added. "It was clear to us that they are just not understanding that they need to cease and desist given the amount of raccoons this is attracting."
Raccoons can carry rabies or distemper, Gamble said, and raccoons will keep returning to an area if they think a feeding source is there.
"They know they can come in there and get something and, therefore, if you're in a residential neighborhood, kids are out playing or walking, pets are out there, you're going to have at some point either exposure by way of a bite or scratch or we're going to pass around distemper or other diseases."
According to information from the health department, "if any future ground feeding activity is witnessed, residents in the neighboring area are encouraged to report this activity" to the health department at 304-234-3682.
Arvind Patel commented on the order via email Friday evening, saying he believes it's important to show compassion to all living creatures.
"I take pride in contributing to the well-being of the area's wildlife, as this was all once their land," he wrote.
He also mentioned that Gamble confirmed to him a few weeks back that ground feeding was lawful in Ohio County and that Bethlehem had no ordinance prohibiting it. Gamble confirmed Friday that both were true, but the problem was that Patel's actions created a public health nuiscance.
"What Mr. Patel is missing is that he is in a residential community," Gamble said. "He is not on a farm. He's in a village. What he's creating is a nuisance and a nuisance that affects public health.
"Is it legal? Yes," he added. "Is it a nuisance affecting public health? Yes, and that takes precedence because it could introduce a disease that we cannot reverse."
Patel said that he will "fight to protect his property rights."
"(Friday), we found ourselves confronted with a press release notifying a couple of senior citizens that legal actions have been taken against them," he said, "and the only notable change in the past 12 years is the media attention and the forthcoming election cycle."
John McCabe contributed to this report.