[HISTORY: Adopted by the Board of Health of the Borough of Hopatcong 10-22-1997 by Ord. No. 35-97. Amendments noted where applicable.]
GENERAL REFERENCES
Animals — See Ch. 248.
As used in this chapter, the following terms shall have the meanings indicated:
FANCY PIGEON
A 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.
LOFT
The structures for the keeping or housing of pigeons permitted by this chapter.
OWNER
The owner of pigeons subject to this chapter.
PIGEON
A member of the family columbidae, and shall include racing pigeons, fancy pigeons and sporting pigeons as defined in this chapter.
RACING PIGEON
A pigeon which, through selective past 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, Inc., or the International Federation of Racing Pigeon Fanciers. Also, commonly known as "racing homer," "homing pigeon" or "carrier pigeon."
SPORTING PIGEON
A 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, tipplers.
The keeping, breeding, maintenance and flying of pigeons shall be permitted on the following conditions:
A. 
The loft shall be of such sufficient size and design and constructed of such material that it can be maintained in a clean and sanitary condition.
B. 
There shall be at least one square foot of floor space in any loft for each pigeon kept therein.
C. 
The construction and location of the loft shall not conflict with the requirements of any building code or zoning code of the Borough.
D. 
All feed for said pigeons shall be stored in such containers as to protect against intrusion by rodents and other vermin.
E. 
The loft shall be maintained in a sanitary condition and in compliance with all applicable health regulations of the Borough.
F. 
All pigeons shall be confined to the loft, except for limited 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.
G. 
All pigeons shall be fed within the confines of the loft.
H. 
No one shall release pigeons to fly for exercise, training or competition, except in compliance with the following rule:
(1) 
Pigeons will not be released for flying which have been fed within the previous four hours.
I. 
Pigeons shall be banded and registered with one of the national pigeon associations/registries.
On application signed by the owner, on such form as shall be provided by the Borough, wherein the owner shall certify that this loft(s) comply with applicable building and zoning codes, a permit shall be issued to the owner, which shall remain in full force and effect unless suspended or revoked or unless the use of the loft be discontinued for a period of one year.
The Animal Control Officer may enter and inspect any property or loft at any reasonable time for the purpose of investigating either an actual or suspected violation or to ascertain compliance or noncompliance with this chapter.
When the Animal Control Officer finds a violation to have occurred, the Officer shall give written notice thereof to the owner. If said violation is not remedied within 10 days, the Animal Control Officer may issue a citation to appear in Municipal Court to answer the charges stated thereon. Any owner found violating any of the provisions of this chapter shall, upon conviction, be guilty of a misdemeanor punishable by a fine not to exceed the sum of $100. Three convictions within 18 months shall result in the revocation of the permit.