(A) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ABATE. To reduce, stop, or prevent a pigeon nuisance.
FEEDING. Providing food to pigeons. Food may include, but is not limited to, grain, seed, greens, breadcrumbs, and other miscellaneous food scraps, including garbage not properly contained or disposed of. FEEDING shall not include the providing of food to pigeons as part of an appropriate population control or flock reduction program.
PIGEON. Columba livia, also known as the Rock Pigeon or Rock Dove. For the purposes of this section, PIGEON includes any feral PIGEON and does not include domestic PIGEONS used for recreation, racing, or show.
PIGEON HARBORAGE. Any condition which provides shelter, nesting sites, or protection for pigeons, thus favoring their multiplication and continued inhabitancy in, under, or outside a structure or premise. Housing, care, or shelter provided for injured or ill pigeons that are being rehabilitated is not considered PIGEON HARBORAGE.
PIGEON NUISANCE. The congregation of pigeons at a location when such congregation of pigeons results in the accumulation of pigeon droppings or other pigeon-related waste. In addition, PIGEON NUISANCE shall include the accumulation of pigeon excrement, nesting materials, pigeon carcasses, and/or other pigeon-related detritus that may be damaging to property, or pose a threat to public health and welfare.
PIGEON-PROOFING. Actions taken to abate a pigeon nuisance. The actions may include, but are not limited to:
(a) Construction to prevent the ingress of pigeons into or under buildings or structures from the exterior;
(b) Steps taken to prevent the congregation of pigeons in a given location, including the addition of anti-roosting spikes, mesh, or other materials to prevent roosting; or
(c) The removal or covering of sources of food for pigeons.
PROPERTY. Real property and/or improvements including land, buildings, and structures regardless of use for residential, commercial, or other purposes.
RESPONSIBLE PARTY. The person or persons who hold legal or equitable interest in property which empowers them to take appropriate actions to abate a pigeon nuisance found to exist on that property. This may include, but not be limited to, a person with ownership, condominium rights, time-share rights, leasehold rights, or an easement, license, contractual right, and any right or obligation to manage or act as agent or trustee for any person holding any of the foregoing interests. The owner of real property shall be presumed to be a RESPONSIBLE PARTY.
(B) Investigation and abatement of a pigeon nuisance.
(1) There shall be an investigation of any complaint made to the City Clerk's Office to determine if a pigeon nuisance exists. In addition, the City Clerk's Office may initiate an investigation to determine if a pigeon nuisance exists when there has been no complaint made.
(2) The City Clerk's Office shall determine if a pigeon nuisance exists.
(3) The City Clerk's Office shall attempt to contact the property owner and any person on the property who appears to be a responsible party to notify them that a pigeon nuisance has been determined to exist.
(4) An abatement agreement may provide for the use of any pigeon-proofing method agreed upon by the City Clerk's Office and the responsible party. If the abatement and/or pigeon-proofing involves the removal of accumulations of pigeon excrement, nesting materials, pigeon carcasses, or other pigeon-related detritus, the method selected for such removal shall protect human health and ensure that ground water, surface water, and real property are not contaminated by the waste.
(5) If the City Clerk's Office determines that the responsible party is in violation of this section and is unwilling to comply with this section, or if the responsible party fails to act on or complete the terms and conditions agreed to in an abatement agreement by the time or times set forth in the agreement, the City Clerk's Office may proceed to seek the penalties provided in § 92.99.
(C) Inspection of buildings, premises, and vacant lots. The City Clerk's Office is authorized, by obtaining consent of the owner or occupant, and at reasonable times, to make such inspections of property as is necessary to perform a thorough investigation. For the purpose of making such inspections, the City Clerk's Office is authorized to enter onto premises to examine and/or survey property only after reasonable notice to and consent from the owner and any person occupying the property. Such entry shall be made in a manner as to cause the least reasonably possible inconvenience to the person in control of the property. In the event that entry is denied, the City Clerk's Office shall obtain an order for this purpose from a court of competent jurisdiction.
(D) Pigeon feeding violations and penalties.
(1) It is a violation of this section for any person to intentionally feed pigeons on any public or private property within the city.
(2) It is a violation of this section for any person to permit or allow the placement or discard of food, food by-products, vegetables , garbage or animal food of any kind in a manner that such person knows will reasonably result in the feeding, lingering, roosting, and/or congregating of pigeons.
(3) This prohibition does not extend to domesticated birds used for recreation, racing, or show, or to injured or ill pigeons that are being rehabilitated and are kept at all times in cages, or that are prevented from creating pigeon nuisance conditions.
(4) This prohibition does not extend to birdseed or bird food set out in bird feeders or otherwise provided to birds other than pigeons, provided that the birdseed or bird food does not attract significant numbers of pigeons or create conditions that constitute a pigeon nuisance.
(5) Each act in violation of this section shall constitute a public nuisance and a separate violation. Any person who violates this section shall be subject to the penalties set forth in § 92.99.
(E) Pigeon nuisance violations and penalties.
(1) No person shall create or foster any condition or allow any condition to exist or continue which in any way harbors a number of pigeons or results in an infestation of pigeons that would constitute a pigeon nuisance.
(2) No person shall allow the accumulation of pigeon excrement, nesting materials, pigeon carcasses, and/or other pigeon-related detritus that would constitute a pigeon nuisance on property where the person is the owner or occupant.
(3) Each act in violation of this section shall constitute a public nuisance and a separate violation. Any person who violates this section shall be subject to the penalties set forth in § 92.99.
(F) Additional remedies. Nothing in this ordinance shall be construed to preclude the city from seeking any other remedy available in law or equity.
(Ord. 85, passed 7-2-2019) Penalty, see § 92.99