[Added 4-24-2007 by L.L. No. 12-2007; amended 2-10-2009 by L.L. No. 1-2009; 2-9-2010 by L.L. No. 1-2010]
(A)
General regulations. It shall be unlawful to cause,
permit or allow pigeons to be kept in such manner as to constitute
a nuisance or to create a hazard to public health or in any manner
which either annoys, disturbs, injures or endangers or tends to annoy,
disturb, injure or endanger the comfort, repose, health, peace or
safety of other persons or the public. All pens, lofts or houses maintained
for the keeping of pigeons in all zoning districts shall comply with
the set back and side yard requirement set forth at § 198-13(B)(4)
pertaining to the keeping of household pets.
(B)
Specific regulations.
(1)
The pens, lofts or houses in which such pigeons are
kept must be cleaned once each day and maintained in a sanitary condition,
free of refuse, debris and any other dirt or excess food, so as not
to endanger the public health and safety.
(2)
Pigeon refuse and feed must be stored in metal containers
and securely covered with metal covers.
(3)
There shall be at least one (1) square foot of floor
space in any loft or house in which such pigeons are kept for each
such pigeon kept therein, but in no event shall any person keep, maintain,
house or possess more than fifty (50) pigeons on any premises.
(4)
Pens, lofts or houses shall be suitably screened from
the view of surrounding residences and surrounding streets by a fence
or by shrubs, unless said pen, loft or house is located in such a
manner as not to be visible from the surrounding residences and streets.
(A)
It shall be unlawful to cause, permit or allow chickens
or ducks to be kept in such manner as to constitute a nuisance or
to create a hazard to public health or in any manner which either
annoys, disturbs, injures or endangers or tends to annoy, disturb,
injure or endanger the comfort, repose, health, peace or safety of
the public.
(B)
Regulations.
(1)
No person shall keep, maintain, house or possess
more than eight (8) chickens or ducks or any combination thereof on
any premises.
(2)
All pens, coops or houses maintained for the
keeping of chickens or ducks in all zoning districts shall comply
with the setback and side yard requirements set forth at § 198-13(B)(4),
pertaining to the keeping of household pets.
(3)
The pens, coops or houses in which such chickens
or ducks are kept must be cleaned once each day and maintained in
a sanitary condition, free of refuse, debris and any other dirt or
excess food, so as not to endanger the public health and safety.
(4)
Chicken or duck refuse and feed must be stored
in metal containers and securely covered with metal covers.
(5)
There shall be no less than two (2) square feet
of floor space per chicken or duck in any pen, coop or house in which
such chickens or ducks are kept. The pen, coop or house shall be large
enough to provide adequate access for cleaning and egg collecting.
[Amended 10-10-2018 by L.L. No. 29-2018]
(6)
Pens, coops or houses shall be suitably screened
from the view of surrounding residences and surrounding streets by
a fence or by shrubs, unless said pen, coop or house is located in
such a manner as not to be visible from the surrounding residences
and streets.
(7)
Chickens and ducks shall be confined at all
times to the property on which they are kept, possessed or maintained.
(8)
Any chickens or ducks maintained, housed or
possessed and all eggs produced from said chickens or ducks shall
be for the sole use and consumption of the homeowner or tenant in
possession and shall not be offered for resale.
(9)
In no instance will roosters be permitted.
All structures in which pigeons, chickens and
ducks are kept are considered accessory structures and shall require
all necessary permits.
[Amended 8-12-2016 by L.L. No. 36-2016; 11-6-2019 by L.L. No. 56-2019]
(A)
Except as otherwise provided in this article, any person found guilty
of an offense against any provision of this article shall be subject
to a fine of not less than one hundred ($100.) dollars nor more than
five hundred ($500.) dollars for the first offense, not less than
two hundred and fifty ($250.) dollars nor more than one thousand ($1,000.)
dollars for the second offense committed within five (5) years of
the first offense, and not less than seven hundred and fifty ($750.)
dollars nor more than two thousand five hundred ($2,500.) dollars
for the third and subsequent offense committed within five (5) years
of the first offense. Any person found by the Bureau of Administrative
Adjudication to have violated this article shall likewise be subject
to a monetary penalty in an amount within the range of fines authorized
herein for a first offense and subsequent offenses, respectively.
[Amended 9-14-2021 by L.L. No. 50-2021]
(B)
In addition to the criminal and civil penalties set forth herein
or in other applicable law, rule or regulation, the Town Attorney
is authorized to pursue civil and equitable relief in the name of
the Town in a court of competent jurisdiction, including but not limited
to compensatory actions; civil penalties in the amount of up to five
hundred ($500.) dollars per day, or part thereof; an action to compel
compliance with or to restrain by injunction the violation of this
article; and other remedies which in the opinion of the Town Attorney
may seem necessary and proper. Any civil monetary penalty awarded
may be added to the tax bill of the property where the violation has
occurred and shall be collected in the same manner.
