[Adopted 8-27-1996 (§ 10-70.2 of the 1988 Code)]
A.
No person shall keep pigeons within the limits of
the City of Lowell except pursuant to a license issued by the Lowell
Health and Human Services Department and in accordance with the terms
and conditions of such license and the pigeon regulations set out
herein.
B.
Each license granted hereunder shall contain a statement
of the number and type of pigeons licensed and such conditions as
may be required by the Department.
C.
A person desiring to keep pigeons shall apply for
a license on an application provided by the Health Department.
(1)
Applications for such license must include:
(a)
A complete description of the pigeons intended
to be kept, including the numbers thereof.
(b)
The proposed method of disposal of animal wastes.
(c)
Description of the building(s) used to house
the pigeons.
(d)
Plot plan showing the location and use of all
buildings thereon; area to which the pigeons are to be restricted;
the location of the pigeon waste storage and disposal areas if located
on the property, and all contiguous property and buildings thereon.
(e)
Appropriate evidence that inoculations, as required
by state and federal regulations, are met.
(2)
In the case of structures which are newly built or
substantially renovated after the effective date of these regulations,
the applicant shall submit a copy of the City of Lowell building permit.
D.
The fee for licenses shall be as provided in Chapter 150, Fees, which shall be paid upon licensure.
[Amended 12-23-2008]
E.
Licenses granted hereunder shall be for a term of
three years, expiring on June 30 of the third succeeding year, unless
sooner revoked. Said license may be suspended or revoked by the Board
of Health at any time for cause. If the license is revoked, pigeons
must be removed within five days from date of notice of revocation.
Failure to comply may result in the Board taking whatever action it
deems necessary to ensure public health, at the owner's expense.
F.
No license shall be granted for the keeping of any
animal or fowl except pigeons.
G.
Except as provided in this section, no license shall
be granted except upon the Board of Health's determination that the
applicant has demonstrated his/her compliance with all applicable
local, state, and federal laws.
For the purposes of this article the following
definitions shall apply:
Horses, ponies, goats, swine, cattle, sheep, donkeys, llamas,
alpacas, mules and all other birds and mammals which are kept or harbored
as domesticated animals, provided that the following shall not be
considered animals: dogs, cats, rodentera up to five in number, exotic
birds, fish, reptiles, and amphibians.
Small structure for the keeping and housing of live pigeons.
Chickens, pigeons, doves, capons, hens, turkeys, pheasants,
guinea fowl, ducks, roosters and geese.
Every individual, partnership, corporation, firm, association
or group.
A member of the family Columbidae, and includes racing pigeons,
fancy pigeons, and sporting pigeons as defined in this section.
RACING PIGEONA pigeon which through selective breeding has developed the distinctive physical and mental characteristics as to enable it to return to its home after having been released a considerable distance therefrom and which is accepted as such by the American Racing Pigeon Union or the International Federation of Racing Pigeon Fanciers, also commonly known as "racing homer," "homing pigeon" or "carrier pigeon."
FANCY PIGEONA pigeon which through past breeding has developed certain distinctive physical and performing characteristics as to be clearly identified and accepted as such by the National Pigeon Association, the American Pigeon Club or the Rare Breeds Pigeon Club. Examples: fantails, pouters and trumpeters.
SPORTING PIGEONA pigeon which through selective past breeding has developed the ability to fly in a distinctive manner, such as aerial acrobatics or endurance flying. Examples: rollers and tipplers.
MATURE PIGEONA pigeon aged six months or older.
Include domestic rats, mice, rabbits, guinea pigs, hamsters,
chinchillas and other members of the rodentera family.
A.
No person shall keep animals or fowl within the City
limits, except pigeons.
B.
No person shall keep pigeons in any building any part
of which is used as a dwelling, including but not limited to attached
garages and breezeways, etc.
C.
Dogs must be licensed according to the provisions
of Lowell City ordinances and of state law (MGL c. 140, § 137).
Exotic birds, fish, reptiles and amphibians may be kept as pets subject
to the licensing requirements of state law (MGL c. 131, §§ 23
and 25 and c. 131A, § 1).
[Amended 12-23-2008]
A.
Location. All coops shall be located not less than
200 feet from the high-water mark of any known source of drinking
water supply or any tributary thereof nor less than 50 feet from any
well. In addition, coops shall not be located nearer than 10 feet
to the principal building or nearer than five feet to any side or
rear lot line or nearer to the front lot line than the minimum setback
in the zoning district in which they are located.
B.
Construction of buildings. All coops shall be of durable
construction. Such structures shall be elevated to a height which
allows for adequate cleaning and designed so as to prevent the harborage
of rodents and insects. Nests shall be movable or otherwise designed
so as to be readily cleanable.
D.
Ventilation. All coops shall be ventilated so as to
prevent buildup of odors and moisture.
E.
Nuisance prevention. Adequate measures shall be taken
to reduce the presence of rodents, flies, other insects, and the creation
of odors and other nuisances. All pesticides must be EPA approved
and used in accordance with directions on the manufacturer's label.
F.
Maintenance of coop facilities. All coop facilities
shall be cleaned regularly and maintained in such a manner as to prevent
the buildup of manure. Feed stations shall be maintained in proper
sanitary condition.
G.
Manure storage. The manure storage facility shall
be constructed of durable material and be so located as to promote
regular removal of manure so as to prevent objectionable conditions.
Manure shall be stored not less than 200 feet from the high-water
mark of any known source of drinking water supply or any tributary
thereof nor less than 100 feet from any well. In addition, manure
storage shall not be located nearer than 10 feet to the principal
building or nearer than five feet to any side or rear lot line or
nearer to the front lot line than the minimum setback in the zoning
district in which it is located.
A.
All pigeons shall be confined to the loft, except
for limited supervised periods necessary for exercise, training and
competition, and at no time shall pigeons be allowed to perch or linger
on the buildings or property of others.
B.
All pigeons shall be fed within the confines of the
loft. Dead carcasses should be removed daily from the loft and disposed
of. Disposal pits with the approval of the Board of Health can be
used.
C.
No one shall release pigeons to fly for exercise training
or competition except in compliance with the following rules:
(1)
The owner of the pigeons must be a member in good
standing of an organized pigeon club, such as the American Racing
Pigeon Union, Inc., the International Pigeon Association, the Rare
Breeds Pigeon Club, or a local club which has rules that will help
preserve the peace and tranquility of the neighborhood.
(2)
Pigeons will not be released for flying which have
been fed within four hours.
A.
No person may have more than 75 pigeons in a residentially
zoned area.
B.
There shall be at least one square foot of floor space
in any coop for each mature pigeon kept therein.
C.
The waste shall be removed from the loft daily and
stored in a pit to be emptied as needed.
E.
The loft shall be maintained in a sanitary condition
and in compliance with all applicable health regulations.
F.
The loft shall have a plan of pest control.
G.
All feed for said pigeons shall be stored in such
containers as to protect against intrusion by rodents and other vermin.
Any person whose application for a license or
license renewal has been denied may request a hearing before the Board
of Health by submitting a written request within 10 days of said denial.
The Board of Health shall set a time and place for said hearing within
30 days of receipt of the request.
The Animal Inspector or the Lowell Board of
Health or its authorized agents may enter and inspect any property
or coop at any reasonable time for the purpose of investigating either
an actual or suspected violation or to ascertain compliance or noncompliance
with this article.
The Animal Inspector may, in lieu of charging
any pigeon owner with a violation of this article, issue a written
order allowing the owner 10 days to correct the conditions.
A.
A license granted under these regulations may be suspended
or revoked for cause by the Board of Health, provided that a hearing
has been held after seven days' notice of the suspension or revocation,
except in the case of emergency as set out below. Notice shall be
given by first-class mail sent to the address shown on the most recent
application for licensure.
B.
Whenever the Board of Health has determined that an emergency exists under Subsection C, it may, without prior notice or hearing, issue an order reciting the existence of the emergency and ordering that the license be immediately revoked or suspended, as specified therein. The person affected by the order may request a hearing within seven days after the service of the order and the hearing shall be granted as soon as possible; provided, however, that such a request for hearing shall not stay or in any way modify the terms of the emergency order.
C.
Cause for emergency. Each of the following shall be
grounds for emergency suspension or revocation of a license to keep
animals:
(1)
Cruel treatment of pigeons.
(2)
Using pigeons for illegal purposes.
(3)
Outbreak of a communicable animal disease as determined
by the Animal Inspector or a veterinarian licensed in the commonwealth.
(4)
Unsanitary conditions which in the opinion of the
Health and Human Services Department create a health hazard.
Any person who violates any provision of this
article shall, upon conviction, be fined not more than $300 for each
violation. Each day of violation shall constitute a separate offense.
