(A) It is a violation of this article for any person to intentionally feed feral pigeons on any public or private property within Albuquerque city limits.
(B) It is a violation of this article 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 lingering, roosting and/or congregating of feral pigeons.
(C) This prohibition does not extend to domesticated birds used for show or for racing, or to injured pigeons that are kept at all times in cages or are prevented from creating pigeon nuisance conditions on nearby properties.
(D) This prohibition does not extend to bird seed set out in bird feeders or otherwise provided to birds other than pigeons, provided that the seed does not attract significant numbers of pigeons or create conditions that constitute a pigeon nuisance.
(E) 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:
(1) The first violation of this section shall result in a written warning by the Director. This warning will provide the details of the violation and will specify corrective action.
(2) The second violation and subsequent violations of this section shall result in a fine not to exceed $50 for each violation or each day of a continuing violation.
(F) Any person who is fined for violating this section may request a hearing by making a written request to the City Clerk within 15 days of the notice of violation. The hearing shall be held in accordance with the provisions in the IHO Ordinance, ROA 1994, Chapter 2, Article 7, Part 8.
(Ord. 16-2011; Am. Ord. 2023-015)