Los Gatos Municipal Code Art. XIII Pigeons

(a) The intent of this article is to permit only those pigeon lofts in residential zones which can and will be maintained in such a manner that will protect the health and safety of the community, and will not become a public nuisance.

(b) It is not the intent of this article to regulate agricultural-commercial poultry operations which are regulated under Chapter IX of Division B4 of Title B of the County Ordinance Code.

(Ord. No. 1971, § II, 2-22-94; Ord. No. 2276, § 1, 9-18-18)

As used in this article, the following terms shall have the meanings indicated in this section, unless the context clearly requires otherwise:

Director means Director of Environmental Health Services or the designated representative of the Director of Environmental Health Services.

EHS means the Environmental Health Services of the EMA.

EMA means the Environmental Management Agency of the County of Santa Clara.

Leg band means a ring of metal or plastic which bears thereon the means of identifying the individual bird and its owner or keeper.

Mature birds means those pigeons aged six (6) months or over.

Permit means a license issued by EHS for the maintenance of a pigeon loft.

Pigeon loft means only such structures for the keeping of pigeons as are duly licensed as herein provided.

Pigeons means and includes only those birds of the family Columbidae, which are maintained and housed by the owner or keeper thereof in a pigeon loft and which must be identified by means of leg bands.

(Ord. No. 1971, § II, 2-22-94; Ord. No. 2276, § 1, 9-18-18)

Cross reference— Definitions and rules of construction generally, § 1.10.015.

No person shall keep, maintain, or harbor in excess of twelve (12) pigeons in any residentially zoned area without a permit. EHS will issue a permit to an applicant who applies for such a permit in writing on a form approved by EHS and meets the requirements of section 4.40.025.

(Ord. No. 1971, § II, 2-22-94; Ord. No. 2276, § 1, 9-18-18)

(a) Before EHS will issue a permit required by section 4.40.020, the applicant shall comply with the following requirements:

(1) The loft shall be of a sufficient size and design and constructed of material that can be maintained in a clean and sanitary condition.

(2) The construction and location of the loft shall not conflict with the requirements of any building code or setback line, and shall be at least twenty-five (25) feet from any occupied human dwelling.

(3) Provide for the feed storage in such a manner that protects against intrusion by rodents and other vermin.

(4) Provide for the sanitary disposal of all manure at frequent intervals.

(b) The EHS may specify additional conditions to the permit as deemed necessary for carrying out the intent of this article.

(Ord. No. 1971, § II, 2-22-94; Ord. No. 2276, § 1, 9-18-18)

A pigeon loft permit may be revoked by EHS for the violation of any of the requirements of sections 4.50.025 and 4.50.050 of this article. EHS shall mail or personally serve the permit holder with a written notice setting forth the grounds for revocation of the permit and advising the permit holder that the permit holder has ten (10) days from receipt of the notice to request in writing a show cause hearing, and that failure to request a hearing will constitute an admission of the alleged violation, resulting in the immediate revocation of the permit.

(Ord. No. 1971, § II, 2-22-94; Ord. No. 2276, § 1, 9-18-18)

Upon receipt of a written request for a show of cause hearing, EHS shall schedule a hearing before the Director. The permit holder may present written evidence and oral testimony at the hearing, and may be represented by legal counsel. The decision of the Director is final. The hearing need not be conducted in accordance with technical rules of evidence.

(Ord. No. 1971, § II, 2-22-94; Ord. No. 2276, § 1, 9-18-18)

(a) A fee shall be charged for each pigeon loft permit in accordance with the number of mature birds maintained. The fee schedule shall be as established by Council resolution from time to time.

(b) Each permit shall be renewed annually for a fee as established by Council resolution from time to time, except that the fee shall be required when the number of mature birds exceeds the initial or original number permitted.

(Ord. No. 1971, § II, 2-22-94; Ord. No. 2276, § 1, 9-18-18)

No permit is required to keep, maintain, or harbor twelve (12) or fewer pigeons in residential zones. However, the pigeons shall be reasonably confined to the property and maintained in a sanitary condition, and not a public nuisance.

(Ord. No. 1971, § II, 2-22-94; Ord. No. 2276, § 1, 9-18-18)

In addition to the requirements set forth in section 4.50.025, the permit holder shall at all times comply with the following:

(1) The pigeon loft shall be maintained in a clean and sanitary condition.

(2) Manure shall not be allowed to accumulate in the loft or be stored on the premises.

(3) Pigeons shall be confined to the loft, except for limited periods necessary for exercise, training and/or competition; at no time shall pigeons be allowed to perch or linger on the buildings or property of other persons.

(4) Spilled or excess feed in or around the loft shall be promptly removed and disposed of in a manner that does not attract rodents.

(Ord. No. 1971, § II, 2-22-94; Ord. No. 2276, § 1, 9-18-18)

Pigeon lofts and accessory buildings and property may be inspected at any reasonable time or interval by EHS.

(Ord. No. 1971, § II, 2-22-94; Ord. No. 2276, § 1, 9-18-18)