(A) This chapter shall not be construed to prohibit the orderly keeping of domesticated pigeons. With input and assistance from representatives of a national domesticated pigeon organization, the city has enacted this section in an effort to expand upon antiquated state law allowing the orderly keeping of racing pigeons to also allow the orderly keeping of all domesticated pigeons. In order to ensure that the keeping of domesticated pigeons remains orderly, domesticated pigeons shall only be kept in a loft which has been inspected and approved by the Building Department as being in conformity with all applicable building and zoning codes and regulations; which has been inspected and approved by animal control personnel as being in conformity with administrative standards promulgated by the city manager; and which has been issued a permit from the County Health Department as a proper structure for purposes of keeping domesticated pigeons. A copy of the administrative standards shall be kept in the office of the city clerk and may be obtained by any owner of an existing pigeon loft or any applicant for a pigeon loft permit at no charge. Existing lofts must comply with any new or updated administrative standards unless the city manager deems, upon written request for a waiver, that the public health and welfare purposes behind the administrative standards will not be achieved by requiring an existing loft to meet the new or updated standards.
(B) A “domesticated pigeon” is a pigeon that is seamlessly banded upon the leg with the name of the organization with which the pigeon is registered and with a unique identification or registration number stamped on the band. Acceptable organizations include the National Pigeon Association; the American Racing Pigeon Union; the International Federation of Racing Homers; the National Birmingham Roller Club, the American Tippler Union; or similar organizations recognized as legitimate pigeon fancier organizations by the domesticated pigeon industry.
(C) Officials from the Building Department and Police Department shall have the right, during reasonable hours, to enter upon property and premises for the purpose of randomly inspecting a licensed pigeon loft (or one for which a license is pending) to ensure that the loft is being maintained in conformity with the administrative standards promulgated by the city manager and the standards adopted by the Macomb County Health Department. Revocation of the city’s loft inspection approval on file with the Macomb County Health Department may be transmitted by city officials to the county when:
(1) A licensee or applicant fails the initial inspection and is unable or unwilling to remedy the violation(s) within 72 hours; or
(2) The licensee or applicant refuses to accommodate all reasonable requests for inspection. Unlicensed lofts are prohibited and, unless a license application is pending, city officials may take immediate action to eliminate such lofts including, but not limited to, issuing citations and seeking abatement of such nuisances through the Board of Ordinance Appeals.
(D) All pigeon and pigeon loft odors shall be minimized so that they do not cross property lines. All pigeon and pigeon loft odor complaints shall be independently verified at the property line and tracked to the loft by animal control personnel before a loft owner may be held responsible under this section for the odor. All lofts must be free from any insect or rodent infestations. All pigeons shall be confined to the loft, except for reasonable but limited periods necessary for exercise, training, and competition. Such exercise, training, and competition periods shall not exceed three hours at any one time. At no time shall pigeons be allowed to perch or linger on the buildings or property of others, except that reasonable exceptions shall be made for short-term training of juvenile pigeons. All domesticated pigeons shall be fed within the confines of their loft.
(E) The owner of every domesticated pigeon shall be responsible for the removal of any excreta deposited by the pigeon on public walks, recreation areas, or private property. Responsibility shall be independently verified by an animal control officer as attributable to the pigeon(s) at issue.
(F) Violation of any provision of this section is punishable as set forth in chapter one of the city code.
(Ord. No. 368, § 1, 3-18-03; Ord. No. 399, § 2, 12-16-08)
Statutory reference:
Definitions, see M.C.L. § 433.351
Racing pigeons, see M.C.L. § 433.19