No person shall harbor or keep any live pigeons or rabbits within the City, without first obtaining a license from the Building Inspector. Such license, when issued in the manner hereinafter provided, shall entitle the holder thereof to keep pigeons or rabbits, not to exceed twenty-five in number, under the terms and conditions herein set forth:
(a) Application. The Building Inspector shall prescribe the form of application which shall include the name of the applicant, the location and any other pertinent information. Each application shall be submitted to the Health Commissioner who shall, with the Building Inspector, rule on sanitary conditions.
(b) Period of License. Upon approval, the Building Inspector shall issue a license for a period of one year which may be renewed annually upon payment of the fees herein set forth. However, a new license shall not be issued as a matter of right to one whose license has been revoked until he has complied with all the provisions of this section and has given the Building Inspector and the City-County Health Board satisfactory assurance of future compliance.
(c) Fees. The fee for the license shall be one dollar ($1.00) per loft of pigeons not to exceed twenty-five in number, and one dollar ($1.00) per hutch of rabbits not to exceed twenty-five in number, which fee shall be tendered with the application for a license. If no license is issued after sixty days from the receipt of such application, the fee shall be returned to the applicant.
(d) Revocation. If any licensee violates any provision of this section, the Building Inspector may revoke such license in addition to any fines and forfeitures that may be imposed by the court. Revocation may be for any period less than the full one year license period as the Building Inspector, for the good of the City, may decide. However, no such license shall be revoked unless the licensee first has a hearing. At such time any complaint respecting the alleged violation shall be presented. The licensee shall be given at least ten days' notice in writing of the time and place of such hearing.
(e) Appeal. Any person feeling aggrieved by any such order of the Building Inspector may, within twenty days from the issuance of the order of revocation, appeal to the Zoning and Planning Commission by serving a notice of such appeal upon the Building Inspector and the Health Commissioner. Such appeal may be heard at the time to be set by the Commission not more than thirty nor less than five days after service of the notice of appeal. All interested parties shall be notified of the time and place of the hearing at least forty-eight hours before the time set thereafter. The Commission may affirm, alter or set aside any portion of the revocation order of the Building Inspector.
(f) Conditions for Maintenance of Pigeons and Rabbits. No person shall harbor or maintain pigeons or rabbits other than upon the following conditions:
(1) No loft, coop, hutch or other place for keeping or confining pigeons or rabbits shall be maintained or operated within a distance of twenty-five feet of any building used as a residence, store, factory or place of business.
(2) No loft, coop, hutch or other place for keeping pigeons or rabbits shall be kept dirty. All runways in which such pigeons are kept and maintained shall at all times be kept clean and free from filth, garbage or any substance which can attract rats.
(3) All pigeons shall be fed within the confines of the loft or coop and upon the floor, and all rabbits shall be fed within the confines of the hutch; and all unused food shall be collected promptly and disposed of in a manner as required in subsection (f)(4) hereof.
(4) All grains and food stored for the use of such pigeons and rabbits shall be kept in ratproof metal containers with tight covers.
(5) Pigeons kept in pigeon lofts or coops shall not be permitted to fly at large but may be released to exercise for one hour in the morning and one hour in the evening daily.
(6) All runways and flight-ways shall be completely enclosed with chicken wire, netting or other equivalent material that will prevent pigeons from escaping confines of the loft or coop.
(Ord. 18-1971. Passed 6-5-72.)
(g) Whoever violates this section is guilty of a minor misdemeanor.