(a) Common Pigeons a Nuisance. The common pigeon is hereby declared to be a menace to the public health and welfare and a source of damage to persons and property and shall therefore be considered a public nuisance to be disposed of at the discretion of the Department of Public Service and Properties.
(b) Harboring Pigeons Prohibited. No person shall harbor or keep any live pigeons within the City, except homing pigeons, and then only if the requirements of this section are complied with.
(c) License for Homing Pigeons. No person shall harbor or keep any live homing pigeons within the City without first obtaining a license therefor from the Building Commissioner. Such license, when issued in the manner hereinafter provided, shall entitle the holder thereof to keep not more than 25 homing pigeons under the terms and conditions set forth in this section.
(d) Application for License. The Building Commissioner shall prescribe the form of application which shall include the name of the applicant, the name of the person to be custodian of the pigeons, the location and type of structure wherein the pigeons are to be kept and any other pertinent information which may be necessary for the enforcement of this section. Each application shall be submitted to the Safety Committee of Council. The application shall then be presented to Council, with the recommendation of the Safety Committee, for its consideration. No license shall be issued unless it has been approved by a majority vote of Council.
(e) Period of License. Upon approval by Council, the Building Commissioner shall issue a homing pigeon 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 However, a new license shall not issue as a matter of right to one whose license has been revoked until he or she has complied with all the provisions of this section and has given Council satisfactory assurance of future compliance.
(f) License Fees. The fee for a homing pigeon license shall be $5.00 per year, per loft of pigeons, not to exceed 25 in number. Such fee shall be tendered with the application for a license or for the renewal thereof. If no license is issued after 60 days from the receipt of such application or renewal thereof, the fee shall be returned to the applicant.
(g) Revocation of License.
(1) If any licensee personally or any agent or custodian of his pigeons violates any provision of this section, the Building Commissioner may revoke the license, in addition to any fines and forfeitures that may be imposed by any court upon such person for the violation of any provision of this section.
(2) The Building Commissioner may also revoke any license for any period less than the full one-year period. However, no such license shall be revoked unless the licensee first has a hearing, before the Commissioner, at which 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.
(h) Appeals. Any person aggrieved by any order of revocation by the Building Commissioner may, within 20 days from the issuance of the order of revocation, appeal to Council by serving a notice of such appeal upon the Clerk of Council and the Commissioner. Such appeal may be heard at a time to be set by the Clerk of Council not more than 30 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 48 hours before the time set therefor. Council may affirm, alter or set aside any portion of the revocation order of the Commissioner.
(i) Conditions for Maintenance of Homing Pigeons. No person shall harbor or maintain any homing pigeon except under the following conditions:
(1) No loft, coop or other place for keeping or confining homing pigeons shall be maintained or operated or be permitted to exist within a distance of 100 feet of any building used as a residence, garage, playhouse, permanent swimming pool or patio.
(2) No loft, coop or other place for keeping or confining homing pigeons shall be more than 15 feet above the established grade of the premises upon which it is located.
(3) No loft, coop or other place for keeping or confining homing pigeons shall be located in any structure not constructed in accordance with the Zoning and Building Codes of the City.
(4) 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 emits a noxious odor or which can attract rats.
(5) All pigeons shall be fed within the confines of the loft or coop and all unused food shall be collected promptly and disposed of in a manner as required in division (6) hereof.
(6) All grain and food stored for the use of such pigeons shall be kept in ratproof metal containers with tight covers.
(7) Homing pigeons shall not be permitted to fly at large but may be released for not more than one hour for exercise.
(8) All runways shall be completely enclosed with chicken wire, netting or other equivalent material that will prevent pigeons from escaping the confines of the loft or coop.
(Ord. 57-55. Passed 10-7-1957.)
(j) Shooting and Trapping Homing Pigeons. No person, not being the owner thereof, shall shoot, kill or maim an Antwerp or homing pigeon, commonly known as a carrier pigeon, or entrap, catch or detain a carrier pigeon if it has the name of the owner stamped upon its wing or tail, or has a band with the owner's name, initials or a number on its leg.
(Ord. 44-46. Passed 12-4-1944.)
(k) Whoever violates any of the provisions of this section is guilty of a minor misdemeanor.
(1982 Code, § 505.21)