Chapter 5.10
PIGEONS
Sections:
5.10.010 Definitions.
5.10.015 Prohibited Activities.
5.10.020 Permits Required.
5.10.025 Enclosures.
5.10.030 Number of Pigeons Permitted.
5.10.035 Interpretation.
5.10.040 Penalties.
5.10.045 Abatement and Other Remedies.
5.10.010 Definitions.
For the purposes of BC 5.10.010 through 5.10.045, the following mean:
Mayor – The mayor or the mayor’s designee.
Dwelling – Any building or premises used for human habitation other than that of the owner of the pigeons.
Enclosure – A coop, loft, building, or any other structure wherein pigeons are housed, harbored, kept, maintained, or sheltered.
Owner – A person who owns, keeps, has custody of, possesses harbors or exercises control over a pigeon.
Unbanded pigeon – A pigeon that lacks a metal or plastic ring attached to its leg which bears a means of identifying its owner.
5.10.015 Prohibited Activities.
A. No person shall be the owner of unbanded pigeons in the City.
B. All pigeons shall be confined by the owner in an approved pigeon enclosure, except during reasonable periods of time for exercise or racing purposes.
C. No owner shall allow pigeons belonging to the owner to perch or rest upon any building, structure or property, other than an approved enclosure, or to disturb the comfort and repose of residents in the neighborhood by any noise, odor, trespass or damage to their property.
5.10.020 Permits Required.
A. No person shall be the owner of any pigeons without first obtaining a permit from the mayor. The mayor shall issue a permit with such reasonable conditions as the mayor considers necessary to ensure humane treatment of the pigeons and compliance with the provisions of BC 5.10.010 through 5.10.045 and any other applicable Code provisions, City ordinance, law or regulation. Each permit shall have attached to it a copy of BC 5.10.010 through 5.10.045. The permit shall be signed by the owner and a duplicate copy retained and filed by the mayor.
B. The mayor may revoke or suspend any permit for failure of the permittee to comply with the terms of the permit or the provisions of BC 5.10.010 through 5.10.045, pursuant to BC 2.05.050 through 2.05.066.
5.10.025 Enclosures.
Enclosures shall be maintained in a clean and sanitary condition free from all offensive odors and shall be equipped with a trapping device that allows the pigeons to enter the loft but not escape from it.
5.10.030 Number of Pigeons Permitted.
A. No owner shall keep or maintain more than 200 pigeons on any one lot, parcel or tract of land in the City, provided that:
1. not more than 50 pigeons may be kept if they are confined in an enclosure located not less than 30 feet from any dwelling;
2. not more than 100 pigeons may be kept if they are confined in an enclosure located not less than 50 feet from any dwelling;
3. not more than 150 pigeons may be kept if they are confined in an enclosure located not less than 100 feet from any dwelling;
4. two hundred pigeons may be kept if they are confined in an enclosure located not less than 150 feet from any dwelling.
5.10.035 Interpretation.
The provisions of BC 5.10.010 through 5.10.045 are in addition to and not in lieu of any other requirements imposed under another Code provision, city ordinance, law or regulation having application in the city.
5.10.040 Penalties.
A. Violation of BC 5.10.010 through 5.10.045 constitutes a Class 3 Civil Infraction and shall be processed according to the procedures set forth in BC 2.10.010 through 2.10.050.
B. Each violation of a separate provision of BC 5.10.010 through 5.10.045 shall constitute a separate infraction, and each day that a violation of BC 5.10.010 through 5.10.045 is committed or permitted to continue constitutes a separate infraction.
C. The penalties imposed by this section are in addition to and not in lieu of any remedies available to the city under BC 5.10.045.
5.10.045 Abatement and Other Remedies.
In addition to the penalties provided for in BC 5.10.040, any condition caused or permitted to exist in violation of BC 5.10.010 through 5.10.045 is considered a public nuisance and may be abated summarily, or in accordance with the abatement procedures set forth in this code, or by any other legal means available to the city.