[Adopted 7-21-1980 by Ord. No. 2-1980]
[Amended 10-21-1996]
No person shall keep, maintain or harbor any pigeons within the town except upon conditions set forth in this article, which conditions are in addition to any restrictions which may be contained in Chapter 236, Land Use and Development, and Chapter 150, Construction Codes, Uniform.
A. 
Suitable housing; number limited. Pigeons shall be kept in a suitable house or coop not more than 800 cubic feet in size. Pigeon houses or coops may have an attached enclosed runway, but such structures shall be constructed so as to keep pigeons properly confined and prevent their flying about as provided in Subsection C. Not more than 100 pigeons shall be kept at any one time.
B. 
Location of housing. No pigeon house, coop or runway shall be constructed except within the rear yard of a premises and shall be at least 75 feet from any dwelling or building inhabited by human beings, provided that it need not be more than 30 feet from the dwelling or building inhabited by the owner or keeper of such pigeons.
C. 
Flying restrictions. Pigeons shall not be permitted to fly about and shall be kept within the house, coop or runway at all times, except that carrier or homing pigeons, when a proper permit has been obtained from the Board of Health, may be permitted to be exercised and flown outside of the enclosure before 10:00 a.m. and after 5:00 p.m. Homing or carrier pigeons under six months of age may be permitted to be outside their enclosures during their training period. Pigeons returning from training flights may do so at any time, provided that they immediately enter their lot. The flying of carrier or homing pigeons may be prohibited in any specific case where it is satisfactorily established they they soil clothes or other property not belonging to their keeper. Such proof shall be established in an action in the Municipal Court on complaint of a person affected by the violation of this provision.
D. 
Sanitary conditions; noise. Pigeon houses, coops or runways shall be maintained in a proper sanitary condition so as to avoid offensive odors, and no pigeons shall be kept which create loud and excessive noises and sounds. Odors emitting from pigeon houses, coops or runways which are perceptible from at least 75 feet and any noises emitting from pigeons which are audible from at least 150 feet shall be prima facie evidence of a violation of this section.
No person shall attempt to attract pigeons by throwing or scattering food for pigeons on public or private property.
[Amended 10-21-1996]
Any person found to be in violation of the provisions of this article shall be subject to a fine of not less than $5 nor more than $500 for each offense, at the discretion of the Judge of the Municipal Court.