Nice strong use of primary colors and simple composition. The texture of the pavement, wall, and water give all this negative space interest. I like the way the guardrail and the direction of the bird's flight lead to the seated individual. I think the two shadows on the left are distracting and clutter the image a bit. Other than that I think it's excellent.
I'm really disappointed that this didn't get a higher average vote. For what it is worth, I really appreciated the photo, which came as a welcome breath of fresh air after voting on 4 humming birds in a row!
As an aside, it may be worth cloning some hair over the bloke's double crown - I do find the two pinpoint highlights rather distracting.
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