Sec. 8-7.01. Unlawful keeping of pigeons; classification.
A. It is unlawful for a person to keep pigeons within the City.
B. Subsection A does not apply to a person who keeps pigeons if all of the following apply:
1. The pigeons are kept in an enclosure that is not located in the front yard area of the property on which the pigeons are kept.
2. The enclosure has not less than one square foot of floor space for each mature pigeon kept or housed in the enclosure.
3. The enclosure is in compliance with applicable provisions of the Zoning and Building Codes.
4. The person feeds and waters the pigeons within the confines of the enclosure and does not provide food and water for pigeons outside of the enclosure.
5. The enclosure is kept in such condition that no smell or odor arises from the enclosure to the injury, annoyance or inconvenience of a reasonable person of ordinary sensitivities.
C. A person who violates this section is guilty of a Class 1 misdemeanor, however, the City Prosecutor may authorize the filing of certain cases or classes of cases as civil violations unless the person previously has been found responsible or guilty of violating this section.
D. A person found responsible for a civil violation of this section is subject to a sanction of not less than one hundred fifty dollars and not more than two thousand five hundred dollars.
E. In addition to any other penalty authorized by law, a person found guilty of a criminal violation of this section shall pay a fine of not less than one hundred fifty dollars.
F. For the purposes of this section: *
1. Enclosure means a pen, cage, loft, coop, aviary, shed, or any other fully enclosed structure or area where pigeons are kept or housed and confined.
2. Mature pigeon means a pigeon aged thirty days or older.
3. Pigeon means any bird of the family columbidae and species columba livia, commonly known as the rock dove, homing pigeon or carrier pigeon. (Ord. No. G-4776, § 2, 2006)
*Editor’s note—Ord. No. G-4776, adopted Feb. 8, 2006, effective Mar. 10, 2006, added said subsection numbered as 8-7.01D. Inasmuch as there already existed a subsection 8-7.01D, and to maintain alphabetical sequence, at the direction of the City Attorneys’ Office said subsection was renumbered as subsection 8-7.01F.