Nature takes it back

So I recently spent forty-five bucks getting one of these:

Only to witness this:

So not only is it my tomatoes they are thrashing, it's my lily pond also (I've gone into the backyard in the mornings to find plants torn up, flowers broken off, etc).  I thought it was animals that were doing the damage, but apparently it's birds.  They'd rather risk coming right up to the house to use the pond, instead of availing themselves of their own private bath on the other side of the yard. 

As usual, Nature does not conform to our human expectations.  Maybe with the passage of time, they'll get used to the bird bath and see it as a viable option.