(a) No person, except those denoted hereinafter, shall harbor or keep any live pigeons within the City without first obtaining a license therefor from the Finance Director. Such restriction shall not apply toward the parent of a member of the Boy Scouts of America for any consecutive period lasting a duration of only three months. Such license. when issued in the manner hereinafter provided, shall entitle the holder thereof to keep pigeons, not to exceed sixty in number on January I of each year, under the terms and conditions herein set forth:
(1) Application. The Finance Director shall prescribe the form of application, which shall include:
A. The name of the applicant;
B. Residency;
C. Telephone number;
D. License number and date of issuance;
E. Pigeon classification: exhibition (fancy), racing (homer) or both;
F. Standard of breed;
1. Class;
2. Type of breed;
3. Type of band; and
4. Identification of band number.
G. Location of loft or pigeon house;
H. Type of lot or pigeon house structure;
I. Pigeon organizations in which the applicant is a member;
J. Last inspection date;
K. A statement to the effect that the applicant will pay for the diagnosis of any bird which died of an unknown disease during the life of the license;
L. Number of previous deaths caused by each disease;
M. Fee; and
N. Place for his signature.
Each new application shall be submitted to the Animal Control Officer, who shall rule on the sanitary conditions of the loft, coop, etc. No license shall be issued until the applicant has complied with the provisions of this section and has given the Animal Control Officer satisfactory assurance of future compliance. Each renewal application shall automatically be renewed upon the payment of the prescribed fee; provided, however, that the last inspection was made within a period of one month prior to the date of the renewal application.
(2) Period of license. Upon approval, the Finance Director shall issue a license for a period of one year, which may be renewed annually upon payment of the fees herein set forth, provided however, a renewal license shall not be issued as a matter of right to one whose license has been revoked until he has complied with all of the provisions of this section and has given the Animal Control Officer satisfactory assurance of future compliance
(3) License fees. The fee for the license shall be ten dollars ($10.00), which fee shall be tendered with the application for a license. If no license is issued after fourteen days from the receipt of such application, the fee shall be returned to the applicant.
(4) Inspection fees. The primary inspection fee for a new license and each semiannual inspection fee shall be six dollars ($6.00), which fee shall be tendered to the Animal Control Officer at the time of the inspection. The Animal Control Officer shall, upon payment of the inspection fee, issue a receipt therefor with a notation thereon of any violations of this section. A duplicate copy of the receipt shall be forwarded by the Animal Control Officer to the Finance Director.
(5) Revocation. If any licensee violates any provision of this section, the Finance Director may revoke his license, in addition to any fines and forfeitures that may be imposed by the court upon such person for the violation.
(6) Procedure where violation discovered. Where a violation of this section is found to exist, a written notice from the Finance Director shall be served on the person or persons responsible for the correction thereof.
(7) Contents of notice. The notice shall specify the violation or violations committed, what must be done to correct the same, a reasonable period of time, not to exceed thirty days, to correct or abate the violation, the right of the person served to request a hearing, and that the notice shall become an order of the Finance Director in ten days after service unless a hearing is requested pursuant to subsection (a)(9) hereof.
(8) Service of notice. Notice may be served personally or by certified mail with postage prepaid, addressed to the address of the person to be served. Service upon a pigeoneer may also be attained by service of any notice upon a member of the family of the pigeoneer. Date of service of the notice shall be determined where service is by mail as of the day following the day of mailing for notices to addresses within the City. Where the day of service would fall upon a Sunday or other day when mail is not ordinarily delivered, then the day of service shall be the next regular delivery day.
(9) Notice to become an order unless hearing before the Zoning Board of Appeals requested. Within ten days of the date of service of a notice, the notice shall constitute a final order unless any person affected by the notice requests a hearing thereon, before the Zoning Board of Appeals, and serves a written request within the ten-day period in person or by mail on the chairman of the Board. Such request for a hearing before the Board shall set forth briefly the grounds or reasons on which the request for a hearing is based and the factual matters contained in the notice of violation which are to be disputed at the hearing. The chairman of the Board, upon receipt of the request, shall within the thirty days therefrom and upon five days' notice to the party aggrieved, set the matter down for hearing.
(10) Determination at hearing. At any hearing provided hereunder, the chairman of the Board shall be vested with all the powers provided by law to compel the attendance of witnesses and parties in interest by issuance and service of subpoena, to require by subpoena the production of books, records or other documents at any such hearing which may be pertinent to matters to be determined by him and to enforce any such subpoena or secure any order for the enforcement of any such subpoena as provided by law. Determination shall be made within ten days from the completion of the hearing. The Board shall issue an order either incorporating the determinations and directions contained in the notice, modifying the same or withdrawing the notice.
(11) Extension of time. The Finance Director may extend the time for correction of abatement of the violation for an additional period of time not to exceed twenty days, except where major violations are involved, in which instance the time for completion may be extended for a period not to exceed forty-five days beyond the expiration date of the original notice.
(12) Conditions for maintenance of pigeons. No person shall harbor or maintain pigeons other than upon the following conditions:
A. Of the three main classes of domestic pigeons known as exhibition (fancy), racing (homer) and utility (commercial), only exhibition and racing pigeons shall be permitted to be raised within the boundaries of the City. The raising of utility pigeons for commercial purposes shall be prohibited.
B. All squabs shall be banded on one leg with a seamless-type band for permanent identification purposes, except, however, a celluloid band may be substituted for the seamless band for use on birds having muffed leg characteristics. The seamless and celluloid bands shall contain the number of the bird, year and pigeoneer's initials, or pigeoneer's club initials. A fine of two dollars ($2.00) per pigeon shall be made for all squabs that are not banded after they become ten days old. When birds are mated, an open or pair band with the same mating number shall be placed upon the other leg of both birds. Permanent records shall be maintained by the pigeoneer indicating mating numbers, identification numbers, births with date, deaths with date and disposition of each bird.
C. No loft, coop, auxiliary structure or other place for keeping or confining pigeons 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. All structures shall be less than 100 feet in area.
D. Pigeon houses of the southern-type structure having an opening to a fly pen are prohibited. Open lofts are prohibited.
E. All wire mesh screening used in a loft, coop, auxiliary structure or other place for keeping pigeons shall be sparrow-proof and rodentproof.
F. The floor of a pigeon house shall be kept clean and shall be elevated at least one foot off the ground. The space between the floor and ground shall be maintained free and clear of all material and natural growth.
G. All pigeons shall be kept or confined in lofts, coops, etc., and shall not be permitted to fly at large, but may be released to exercise for one hour, no later than 9:00 a.m. in the morning and for one hour, no earlier than 5:00 p.m. in the evening, except on returning from a pigeon race or training toss.
H. All pigeons shall be fed within the confines of the loft or coop. Feed shall not be permitted to be placed on the floor of a pigeon house, coop, loft, etc. Pigeon health grit shall be kept in a grit hopper within each loft or coop so that it will be maintained in a clean state at all times.
I. All grain feed shall be sound, dry and seasoned for at least two months before use. All feed shall be maintained clean and free of contamination. All grains and similar food stored for the use of such pigeons shall be kept in screened rodent-proof containers so as to provide for the free circulation of air around the feed to thereby avoid contamination.
J. Drinking water shall be provided for each loft, coop, etc. and shall be separated from the bath water. Drinking facilities shall be provided with a water cover and maintained clean. The water shall be changed daily.
K. Bath water shall be provided for each loft or house and in a sufficient number of containers to insure cleanliness. Containers with bath water shall be placed in each loft or house at least twice each week.
L. All nesting material within each loft, coop, etc., shall be maintained in a covered container having openings in its sides so as to prevent the nesting material from becoming soiled. Nesting material may include longleaf pine needles, twigs, etc., but shall exclude burlap.
M. A loft, coop, pigeon house or other place for keeping or confining pigeons, if infested with lice or other insects, shall be cause for the revocation of the pigeoneer's license. Such structures shall be sprayed and/or dusted with DDT or other residual insecticides at least twice a year as a preventative measure. Such spraying or dusting shall be witnessed by at least one other person who shall sign an affidavit to the effect, which affidavit shall be maintained by the pigeoneer for the duration of the license. Such affidavit shall be initialed and dated by the Animal Control Officer on his next semiannual inspection.
N. Pigeons contracting a disease shall be separated from the other birds immediately upon discovery of an illness or contamination and maintained in a separate coop remote from the other coops until healthy. Symptoms of a bird having died of an unknown disease shall be reported to the Department of Veterinary Pathology Michigan State University of Agriculture and Applied Science, East Lansing, Michigan, for possible diagnosis. The diagnosis shall be reported by the pigeoneer to the Finance Director for permanent enclosure in the Licensee's application file. All coops, etc. which contained a diseased bird shall be disinfected before they may be used again as a facility to maintain pigeons, provided however the procedure as set forth in subsection (a)(12)M. hereof is followed.
O. The selling of squabs or young squeakers for human consumption is strictly prohibited.
(13) The Animal Control Officer shall inspect the pigeoneer's lofts, coops, etc., semiannually and shall inform the licensee of any violation of this section .
(14) The Animal Control Officer shall trap and impound any pigeons found outside of lofts, coops, etc., between the hours of 9:00 a.m. and 5:00 p.m. The Animal Control Officer shall keep all pigeons so impounded for a period of seven days after notice is immediately sent to the owner, if such owner can be ascertained. Any pigeon unclaimed after such period of seven days, including pigeons the owner or owners of which cannot be ascertained, shall be destroyed or otherwise disposed of by the Animal Control Officer. After disposition of the impounded pigeon, the leg band and stipulated facts of the case shall be forwarded to the Finance Director for enclosure with the applicant's file, if any. Renewal of the pigeoneer's license shall be withheld until evidence is shown that the charges of the Animal Control Officer for impounding the bird or birds has been tendered.
(15) The owner of any impounded pigeons shall pay the Animal Control Officer the following charges:
A. For impounding each pigeon | $6.00 |
B. For keeping each pigeon per day | 2.00 |
C. For giving notice by registered mail | 4.00 |
(b) Whoever violates this section is guilty of a minor misdemeanor.
(Ord. 1990-80. Passed 8-14-90.)