It shall be unlawful for any person to maintain, on any property
zoned for residential use or purpose, a loft for domestic pigeons,
regardless if kept for racing, performing, or as exhibition show pigeons,
unless said person shall have secured a valid loft permit from the
city health department. Such permit, unless sooner revoked, shall
be valid and effective for not more than 12 months from the date of
issuance thereof.
(Ordinance 4190 adopted 10/26/1965)
Application for a loft permit shall be made on application blanks
furnished by the city health officer, and it shall be signed by the
applicant, and shall contain the following information;
(A)
Name
and address of the applicant.
(B)
Address
of the real property involved.
(C)
Name
and address of the owner of said real property.
(D)
A statement
showing the type of pigeons to be kept, whether for racing, performing,
or for exhibition only, and the number of pigeons the applicant desires
to keep.
(E)
A general
statement that said applicant will at all times conform with the rules
and regulations as set forth in this Chapter, and as enforced by the
city health officer.
(Ordinance 4190 adopted 10/26/1965)
This application for a loft permit shall be accompanied by a
filing fee of $3.00 to cover the cost of processing said application
and all further expenses concerning same. In case the application
for a loft permit is not approved, this filing fee shall be returned
to the applicant.
(Ordinance 4190 adopted 10/26/1965)
Upon receipt of the application the city health officer shall
inspect the requested premises and determine the following:
(A)
The
maximum number of pigeons which should be allowed to be kept in said
loft.
(B)
Any
special conditions or restrictions which should be imposed on said
loft permit.
(C)
The
purpose for which the pigeons are kept, such as exhibition, racing
or performing.
(Ordinance 4190 adopted 10/26/1965)
Loft permits required under the provisions of this Chapter may
be renewed on or before the anniversary date of the permit by payment
of a $2.00 fee, which shall be used to defray costs of inspections
and renewing of permits. It is hereby made the duty of the health
officer to inspect each pigeon loft prior to the permit therefor being
renewed, such inspection being in addition to those made necessary
by complaints, or deemed necessary by the health officer.
(Ordinance 4190 adopted 10/26/1965)
A duly authorized representative of the city health department
shall have the privilege of entering upon the said premises for the
purpose of inspection of said loft, at any time, and it shall be his
duty to do so upon receipt of any complaint relating thereto. If the
inspector finds that the permit holder is not complying with the requirements
of this Chapter, he shall issue a written citation or correction notice,
citing the violation and the necessary corrections or improvements
to be made. In the event the correction notice is not complied with
within a period of ten days, the city health officer or inspector
shall order the loft permit revoked, and it shall not be reissued
for at least one full year.
It shall be unlawful for any person to interfere with the health
officer in the performance of his duties under this Chapter.
(Ordinance 4190 adopted 10/26/1965)
(A)
The
loft permit shall be posted upon said loft at all times.
(B)
Any
loft where pigeons are kept shall be at least 25 feet from the exterior
limits of any residential dwelling and at least ten feet from any
side property line, including the lot or tract upon which the loft
is located. Provided, however, that lofts already in existence upon
the effective date hereof, and located within ten feet of a side property
line, may continue in such location if the applicant for the loft
permit submits the affected adjoining property owner's written consent
thereto with his loft application.
(C)
There
shall be at least three square feet of floorspace for each pair of
pigeons kept within the loft; and in any event, no more than 50 pigeons
may be kept within 100 feet of the exterior limits of the nearest
dwelling occupied by any person other than the owner of the pigeons.
(D)
The loft shall be kept clean and in a sanitary condition at all times, pursuant to Section 6-5-8 of this Chapter.
(E)
Any
pigeons covered by this Chapter shall not be raised for any commercial
or business purposes.
(Ordinance 4190 adopted 10/26/1965)
(A)
The
standards of sanitation for the keeping of pigeons as established
by the city health officer shall be followed.
(B)
Upon
the obtaining of a permit from the city health officer, every keeper
of pigeons shall observe the following practices:
1.
Every
keeper of any pigeons shall confine the same in an enclosure or lot
sufficient to prevent their running or flying at large, and such enclosure
shall be maintained in a clean and sanitary condition at all times,
and an approved insecticide shall be used as often as deemed necessary
by the city health officer.
2.
Every
keeper of any pigeons shall cause the litter and droppings therefrom
to be collected at least once a week in a container or receptacle
of such a type that when closed it is ratproof and flytight; and after
such collection, shall cause said container or receptacle to be kept
closed until disposed of, at least once a week, in such a way as not
to permit fly breeding.
3.
Every
keeper of pigeons shall cause all feed provided therefor to be stored
and kept in a ratproof, flytight building, box, container or receptacle.
(Ordinance 4190 adopted 10/26/1965)
(A)
It shall
be unlawful to allow any pigeons to fly outside uncontrolled.
(B)
Only
such breeds of pigeons as are recognized by the National Pigeon Association,
the American Racing Union, or the American Pigeon Club as racing or
performing pigeons shall be allowed their liberty from the loft.
(C)
All
pigeons allowed liberation for the purpose of exercise, training,
or performing shall be under the direct supervision of the permittee
at all times.
(Ordinance 4190 adopted 10/26/1965)
It shall be the purpose and intent of this Section to allow
any member of the Boy Scouts of America, or any member of the Future
Farmers of America, to secure a loft permit and maintain a loft of
pigeons, after complying with these regulations, except that under
this Section there shall be no filing fee for the special permit when
the applicant is a member of one of the above two groups and is maintaining
said loft for the purpose of obtaining a merit badge, or as a project.
The applicant under this Section must also have the written
permission of his parent or guardian, and must have a senior fancier
who is a member of one of the following national organizations as
a signed sponsor:
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National Pigeon Association
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American Racing Pigeon Union
|
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American Pigeon Club
|
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United Pigeon Fanciers
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(Ordinance 4190 adopted 10/26/1965)
Wherever in this Chapter the following terms are used they shall
have the meaning respectively ascribed to them in this Section:
Any individual, firm or corporation owning and/or actually
having, using, or maintaining any pigeons.
Any box, cage, container or other enclosure of whatever kind
for the keeping or confinement of pigeons.
Any permit granted by the city health officer pursuant to
power granted to him in this Chapter.
The term "pigeons," as specifically named herein, by whatever
other name they might be called, shall include every age and sex of
each of such birds.
The state of being constructed so as to effectively prevent
the entry of rats.
Any condition of good order and cleanliness which precludes
the probability of disease transmission.
(Ordinance 4190 adopted 10/26/1965)
The failure of any keeper of said pigeons to comply with the
provisions of this Chapter or the sanitation standards and requirements
established by the city health officer shall be cause for the city
health officer to refuse to grant a permit for the keeping of such
pigeons; or, if the permit shall have been previously granted to such
keeper, shall be cause for the revocation of same.
(Ordinance 4190 adopted 10/26/1965)
Violation of any of the provisions of this Chapter by any person
shall constitute a misdemeanor, upon conviction of which in the municipal
court of the City of Midland a fine of not more than $500.00 shall
be imposed; and every day that such violation continues shall be a
separate offense.
(Ordinance 6790 adopted 9/22/1987)
