(A) Pigeons. It shall be unlawful for any person who owns, keeps, cares for or controls any pigeons:
(1) To allow them to perch or linger on the buildings or property of others, or to allow them to become a nuisance to the buildings or properties of others in the vicinity;
(2) To breed, keep or care for pigeons for commercial or market purposes;
(3) To fail to maintain the places in which the pigeons are kept in a clean, sanitary and orderly manner and in a condition comparable to neighboring buildings;
(4) To fail to place all scrapings and pigeon manure in a covered receptacle, which is to be kept in such manner as to prevent any malodorous or offensive condition to exist and to prevent any nuisance to arise therefrom;
(5) To keep more than 40 pigeons; and/or
(6) To fail to summon and call the pigeons solely by inaudible means, such as by use of flags or a silent whistle.
(Prior Code, § 4-17)
(B) Unauthorized feeding of birds, pigeons and seagulls.
(1) It shall be unlawful for any person to feed pigeons or seagulls in any manner anywhere within the city.
(2) Bird food or feeding shall be proscribed as set forth herein. Bird feeders can be placed in the rear yard in containers, either hanging from trees or from a ground pole, that must be at least 48 inches high if placed on a deck or porch, or 56 inches if located on the ground. The location of the feeder shall be at least ten feet from the lot boundary or property line.
(3) Bird feed or other edible debris that can be consumed by birds or animals shall not be allowed to accumulate on the ground.
(3) The number of feeders allowed in any rear yard must not cause a disturbance to owners of adjacent properties either by excessive noise from the large number of birds attracted to the feeder or the constant (daily) deposit of fecal matter from birds using the feeders on adjacent property.
(5) Any complaints about excessive feeding or the use or placement of feeders will be directed to the Police Department. Upon determination the complaint has a sufficient factual basis, the Police Department shall perform an inspection of the property site to determine whether such feeders are violating provisions of this section and/or are creating a public nuisance in accordance with Chapter 94 of this title and should be eliminated, reduced in number, or otherwise removed. Upon such a determination being made, the necessary corrective action shall be taken by the owner or occupant of the property upon which the violation occurs.
(Prior Code, § 4-18)
(C) Disturbing birds prohibited. It shall be unlawful for any person to willfully injure, molest or disturb in any way any birds or the nest, eggs, young or brood of any such birds; provided, however, that, the foregoing provision shall not apply to any birds declared by any law or ordinance to be “pests”.
(Prior Code, § 4-19)
(D) Coloring birds prohibited. It shall be unlawful for any person to artificially color, spray or paint any bird or fowl or to sell, offer for sale or otherwise dispose of any such colored bird or fowl.
(Prior Code, § 4-20)
(E) Sale, display and the like of baby rabbits, chicks, ducklings and the like.
(1) It shall be unlawful for any persons to sell, offer for sale, barter or give away any baby rabbit, baby chick or baby duckling, or other baby fowl or poultry, as a pet, novelty prize or premium, whether dyed, colored or otherwise artificially treated, or in their natural state.
(2) This section shall not prohibit the display or sale of baby rabbits, baby chicks or baby ducklings, or other baby fowl or poultry, in proper hutches or brooder facilities, by hatcheries or stores engaged in the business of selling the same to be raised for commercial purposes.
(Prior Code, § 4-21)
(Ord. 1370, passed 9-17-2012; Ord. 1495, passed 9-14-2020) Penalty, see § 90.999